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ST0004(2006)-CN060120T H E · C I T Y · 0 F CONSTRUCTION SPECIFICATIONS FOR FREEPORT PARKWAY Reconstruction Project ST 00-04 '2006' FOR THE CITY OF COPPELL JANUARY 2006 TABLE OF CONTENTS Section 1 - Addendum One Bidding Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule Prevailing Wage Rates Page # 1-4 1-5 1-15 1-23 Section 2 - Section 3 - Section 4 - Section 5 - Contract Documents Standard Form of Agreement (Contract) Certificate of Insurance Instructions for Bonds Performance Bond Payment Bond Maintenance Bond For this project, the Standard Specifications for Public Works Construction - North Central Texas Third Edition, as prepared by the North Central Texas Council of Governments, the City of Coppell Standard Construction Details (Ord. #92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein. City of Coppell's Supplementary Conditions to the NCTCOG General Provisions Specific Project Requirements Description of Pay Items 2-2 2-8 2-9 2-10 2-12 2-14 3-1 4-1 5-1 T H E · C I T Y · 0 F SECTION 1 BIDDING DOCUMENTS BID PROPOSAL ADDENDA ADDENDUM NO: PROJECT NAME: ONE Freeport Parkway Reconstruction Project # ST 00-04 '2006' ISSUE DATE: February 2, 2006 BID DATE: February 7, 2006 LOCATION: COPPELL, TEXAS ISSUED BY: City of Coppell 1. This addendum modifies and extends the requirements of the plans and construction specifications for the above referenced project. 2. Staple this addendum to the inside of the rear cover of the construction specifications or bind it into the construction specifications at the end of the Bid Proposal. 3. Note receipt of all addenda on the Bid Form located in the Bidding Documents, and also on the outside cover of the envelope containing the Bid Documents. CONSTRUCTION SPECIFICATIONS 1. Section 4-Specific Project Requirements Page 4-3 1.5 Project Description: Delete this paragraph in its entirety: This work shall consist of the removal and replacement of approximately 40,000 square feet (SF) of concrete paving, removal of failed subgrade, import and compaction of cement treated base (CTB), and placement of new 8" thick 4,200 PSI concrete pavement. In addition, three bands of brick pavers are to be removed and replaced with full depth colorized stamped concrete. The balance of the project consists of removing the failed joint sealing material, cleaning the joints, and applying new sihcone joint sealing material. Work shall include all components necessary for the "turn key" reconstruction of the roadway. Replace with: This work shall consist of the removal and replacement of approximately 40,000 square feet (SF) of concrete paving, removal of failed subgrade, import and compaction of cement treated base (CTB), and placement of new 8" thick 4,200 PSI concrete pavement. ADDENDUM NO: ONE ISSUE DATE: February 2, 2006 PROJECT NAME: Freeport Parkway Reconstruction ST 00-04 '2006' BID DATE: February 7, 2006 In addition, three bands of brick pavers are to be removed and replaced with full depth colorized stamped concrete. The balance of the project consists of removing the failed joint sealing material, cleaning the joints, and applying new silicone joint sealing material. Work shall include all components necessary for the "mm key" reconstruction of the roadway. GENERAL QUESTIONS 2. What area, if any, will require sodding rather than seeding? Any sod disturbed in front of developed property will need to be replaced at the contractor's expense. Any turf disturbed adjacent to vacant undeveloped land may be re-established by seeding. In both cases turf shall be replaced with the same variety as was there prior to this project. 3. Is Railroad Protective Insurance required for this project? The City of Coppell has no requirement for this type of insurance. We need clarification on how the job will be awarded. By low bid only, or if calendar days will be a factor, what is the dollar value of each calendar day? The project will be awarded in accordance with Section 1 - Bidding Documents Item # 19. Calendar days bid will be used to determine if the bid is a responsive bid or not. The days bid will also form the basis of the contract time for the successful bidder. Can CTB be paid for as a separate item? The quantity will not be the same as concrete paving. The placement of the CTB is subsidiary to the paving replacement. The price bid per square foot of paving shall be inclusive of the cost of the base. 6. Will CTB extend 12" past the back of curb? Yes, the CTB shall extend a minimum of 12" beyond the back of curb. The cost of this additional material shall be included in your cost for the paving replacement. Can separate pay items be added for saw cutting, street header, and doweled butt joint? These Quantities will vary with patch size. ADDENDUM NO: ONE PROJECT NAME: Freeport Parkway Reconstruction ST 00-04 '2006' ISSUE DATE: February 2, 2006 BID DATE: February 7, 2006 These items are subsidiary to the paving replacement. The price bid per square foot of paving shall be inclusive of these costs. Can a normal bid item for flex base be added? Example: 100 tons type A flex base. No additional bid item will be established for flex base at this time. END OF ADDENDUM NO. ONE This addendum forms a part of the contract documents. The original Contract Documents and any prior addenda remain in full force and effect except as modified herein which shall take precedence over any contrary provisions in the prior documents. Keith R. Marvin, PE. NOTICE TO BIDDERS The City of Coppell is accepting bids for the Freeport Parkway Reconstruction Project - No. ST 00-04 '2006'. Plans and Specifications may be obtained for a non-refundable cost of $25.00 from thc Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (972) 304-3698. Sealed bids addressed to the Purchasing Agent, City of Coppcll, Texas, for the Freeport Parkway Reconstruction Project No. ST 00-04 '2006' will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., February 7, 2006, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q-0106-03 designated clearly on thc exterior of the bid envelope. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction 3rd Edition. A Pre-Bid Conference has been scheduled for this project at the Coppell City Hall in the first floor conference room (255 Parkway Boulevard), at 2:00 p.m. on January 31, 2006. The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced umt prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials Which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. o Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas 3rd Edition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. Scope of Work. This work shall consist of the removal and replacement of approximately 40,000 square feet (SF) of concrete paving, removal of failed subgrade, import and compaction of cement treated base (CTB), and placement of new 8" thick 4,200 PSI concrete pavement. In addition, three bands of brick pavers are to be removed and replaced with filll depth colorised stamped concrete. The balance of the project consists of removing the failed joint sealing material, cleaning the joints, and applying new silicone joint sealing material. Work shall include all components necessary for the "turn key" reconstruction of the roadway. Copies of Bidding Documents. Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25.00. The following general requirements pertain to the Bidding Documents: __ 1-5 Bidding Documents 3.2 3.3 A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. c) Bidding documents may be examined fi'ee of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, and possession of such equipment as may be needed to complete t work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five [5] days if requested). A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience (required to be submitted with five [5] days if requested). The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. (within five [5] days if requested). The Bidder shall provide a list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must renfflease as may be required to complete this project. 1-6 Bidding Documents 6.2 D. Financial. (within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. Examination of Contract Documents and Site. Access to the site shall be fi.om Freeport Parkway. It shall be the contractors responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or fumishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, 1 - 7 Bidding Documents 6.3 6.4 6.5 6.6 from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. Before submitting a Bid, each Bidder will, at Bidders own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Interpretations and addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid pmposal that all Addenda issued have been received. 1-8 Bidding Documents 7.2 o 8.2 8.3 10. 11. 11.1 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. Contract Time. The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever comes first. Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred and forty dollars ($240.00) per day. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. Subcontractors, Suppliers, and Others. If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such 1-9 Bidding Documents 11.2 12. 12.1 12.2 substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. Bid Proposal. lWo (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions fi.om the plans and/or specifications will be accepted unless authorized in writing by the Owner. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a finn or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attomey-in- fact. If signed by an attorney~in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 13. Provision Concerning Escalator Clauses. 14. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual 1-10 Bidding Documents quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 15. 16. 16.1 16.2 17. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until 2:00 p.m., Februar~ 7, 2006 and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. 0-0106-03 and the name and address of the Bidder shall be submitted. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's standard Specifications for public Works Construction 3rd Edition. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED for Construction of: Freeport Parkway Reconstruction Proiect gST 00-04 '2006' "on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified fi.om further bidding on the work. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid fi.om an individual, finn or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG's Item 1.5 of the Standard Specifications for Public Works Construction will be rejected. Bids submitted without a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction 3rd Edition. 1 - l 1 Bidding Documents 18. 19. 19.1 19.2 19.3 19.4 19.5 19.6 Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. Award of Contract. The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the fight to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and trait prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct stun. In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 1-12 Bidding Documents 20. 21. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. 23. 24. 25. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Calendar Day count on the project shall commence within ten (10) calendar days after the date of Notice to Proceed or when the contractor begins work, whichever occurs first. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt fi-om the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project fi-om charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 1-13 Bidding Documents 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior whtten consent of Owner. 28. Venue. This agreement will be govemed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two year Maintenance Bond in the mount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1-14 Bidding Documents BID FORM PROJECT DENT[FICATION: Freeport Parkway Reconstruction Project ST 00-04 '2006' in Coppell, Texas (NAME OF FIRM) DATE ~- ~ 7~- g9 fro THIS BD IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 CITY 1. OF COPPELL BID NO: Q- 0106-03 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions ofthe Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (I 5) days after the date of OWNER's Notice of Award. In submitting this Bid, BDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: Date: Rec'd: I - 15 Bidding Documents Co) (c) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. (d) (e) (0 BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1-16 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (J) It is understood and agreed that the quantities of work to be done at unit prices and materials to be fumished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will bee a consideration in the award of the bid. It is understood and agreed that the contractor experience in this type of work will be a strong consideration in the award of the bid. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. BIDDER will complete the Work for the following price(s): 1 - 17 Bidding Documents FREEPORT PARKWAY RECONSTRUCTION PROJECT ST 00-04 '2006' UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I-1 I LS Mobilization&Demobilization . add ~ Cents ..... per lump ~. I-2 40,000 SF Remove and Replace 8" Concrete Paving Complete in Place~ ~nd ~ C~nts ]~-3 2,~80 LF Const~ct Monolithic Concr~t~ Curb % ~C°mplete in Place ,..~ ,~;' q~ /~5 -~,~ollars M~ and /~o Cents . . ~er mear feet //, I-4 2,017 SF Remove Brick Pavers and Construct Stamped Concrete Band ~o~p, lete .in P~qq,t ~/~W' ~ . 'a~d / Cents p6r squ~e feet. /7. ~3rSf- ~I-5 4 EA Adjust Water Valve Box or Ma~ole Cover to Final Grade Comp]¢t¢ . and . .:% ~ Cens -- I- 18 Btddmg Document~ FREEPORT PARKWAY RECONSTRUCTION PROJECT ST 00-04 '2006' UNIT PR/CE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I-6 10,000 LF Remove, Clean and Reseal Pavement Joints ! . Complete in Place d and ~o Cents per linear feet. I-7 I LS Furnish, ~stall, Maintain & Remove Traffic Consol Devices Complete in Plac~ ~d _ ~ ~ Cents per lump sum. I-8 I LS Furnish, ~stall, Maintain & Remove Erosion Control Devices Complete in P~c~ ~?~ and ~ o Cents per lump sum. TOTAL BID ITEMS I-I thru I-8 TANGIBLE PERSONAL PROPERTY COST $ $ I- 19 Btdding Documents BID SUMMARY TOTAL PRICE CALENDAR DAYS TOTALBED ITEMS BASE BID [-! thru I-8 $ Z-///~, ~.~, f/.) f BIDDER agrees that all Work awarded will be completed within ~ Calendar Days Contract time will commence to run as provided in the Contract Documents. Communications concerning tkis Bid shall be addressed to the address of BIDDER indicated on the applicable signature pa. ge BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part o£the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON Signature: PROPOSAL GUARANTy A Proposal GuarantT shall be provided in accordance with Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction 1-20 Bidding Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days ~.~ne date of the bid opening. ST^TE COUNT ME, the und ty, a Notary Public in and for the State of a. . personally appeared ~ L,, ~_~-?~'.~.:{1/- who aRer being b~' on this day Name duly sworn, did depose and say: "I, ~ L,. ~/~c..-f-J- amadulyauthofizedoffice/agentfor I . Name /) , _/~g/~Ak~ '~ (-J~-'~l/t dq ~t,C] and have been duly authorized to execute the Name of Firm --/ , I ~ n ./~ foregoing on behalf of the said ~7~ I/:t-&O_lZ fi& ~J'/l~ Name of Firm ,~ [t U i hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concemed in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s) to bid ornot to bid thereon." /swo= to before me by the above named on thisthe ¢'Tt~2 dayof "-~' ~"-Jt-4.~ ~.jl..~r(~- ~ 200/~.~o .... Nota.~qPublic in and for theState ~_f--~~--w/ I-2! Btdding Documents If BIDDER IS: An Individual By (individual's Name) Phone No. (Seal) doing business as Business address LTt> . A Partaership (Fi aPe (_Gen;ra[Partner) ~/ ' ~ Business address ~,,~, ~ r//<~ ~ ~_.ff~ ¢/ Phone A Corporation By (Corporation Name) (State of Incorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By By_ (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of sigrdng for each individual, parmership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1-22 Biddmg Documents SURETEC BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Advanced Pavino Co. as pdndpal, hereinafter called the Principal, and SURETEC INSURANCE COMPANY, 5000 Plaza on the Lake, Suite 290, Austin, TX 78746, as Surety, hereinafter called the Surety, are held and firmly bound unto City of CoooelL TX as Obligee, hereinafter called the Obiigee, in the sum of Five Percent of the Greatest Amount Bid (5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Freeoort Parkway Reoairs. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Pdndpal shall within such time as specified in the bid, enter into a contract in wdting or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obtigee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall fumish evidence of financing in a manner and form acceptable to Principal and Surety ti~at financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 6th day of February, 2006. Advanced PavinR Co./~ / (Principal) // -, // r SureTec Insurance ComDanv BYL ---'~,,~/~'., - Robbi Morales, At~orr~y-~:r=act Po~ #: 4221097 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know till Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its pr~acipal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Jerry P. Rose, Don E. Comell, Chris J. Kutter Luke J. Nolan, Jr., Anuj Jain, Sheila Young of Dallas Texas its tree and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and ail bonds, recognizances, undertakings or other insmanents or onuS'acts of suretyship to include waivers to the couthtions of con~acts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars and to bind the Company thereby as fully and to the same extant as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the ptendses. Said appointment shall continue in force until June 30, 2007 and is made under and by attthority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and anthodty to appoint any one or more suitable persons as Attomoy(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be giveu full power and authority for and in the name of and of behalf of the Company, to execute, anknowledgn and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be biading upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of tha Company heretofore or herealt:er affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company w/th respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20~ ofdpril, 1999) In Witness t~q~ereofi,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~.. .... County of Hah'is By: COMPANY On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Hotmton, Texas, that he is President of SLrRETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate real; that it was so affixed by order of the Board of Directo~ of said Company; and tha~: he signed his name thereto by like order. Michelle Denny, Notary Public My comrmssion expires August 27, 2008 I, M. Brunt Betty, A~sistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and [he seal of said Company at Houston, Texas this 6 th day of February ,20 06 , A.D. -M. Brunt ll~aty, A~istant Sea[retry Any instrument Issued in exceas uf the penalty staied above Is totally void and without any validity. For verification of the author'ty of this oower you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also wdte to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, dghts or complaints at 1-800-252-3439. You may wdte the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the ACt exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. PREVAILING WAGE RATES Air Tool Operator ............................... 10.06 Asphalt Raker .................................... 11.01 Asphalt Shoveler ................................. 8.80 Asphalt Distributor Operator .................. 13:99 Asphalt Paving Machine ....................... 12.78 Batching Plant Weigher ........................ 14.15 Broom or Sweeper Operator ................... 9.88 Bulldozer ........................................ 13.22 Carpenter ......................................... 12.80 Concrete Finisher-Paving ...................... 12.85 Concrete Finisher-Structures ................... 13.27 Concrete Paving Curbing Machine ............ 12.00 Concrete Paving Finishing Machine ......... 13.63 Concrete Paving Joint Sealer .................. 12.50 Concrete Paving Saw Operator ................ 13.56 Concrete Paving Spreader ...................... t4.50 Concrete Rubber ................................. 18.12 Crane, Clamshell, Backhoe, Derrick,. ........ Dragline, Shovel Operator ................. 14.12 Electricial ......................................... 18.12 Flagger ............................................ 8.43 Form Builder-Structures ........................ 11.63 Form Liner-Paving and Curb .................. 11.83 Foundation Drill Operator, Crawler Mount... 13.67 Form Setter-Structures ......................... 11.63 Foundation Drill Operator Truck Mounted ... 16.30 Front End Loader ................................. 12.62 Laborer-Common ................................ 9.18 Laborer-Utility ................................... 10.65 Mechanic ......................................... 16.97 Milling Machine Operator Fine Grade ....... 11.83 Mixer Operator .................................. 11.58 Motor Grader Operator Fine Grade ........... 15.20 Motor Grade Operator, Rough Oiler .......... 14.50 Oiler ............................................... 14.98 Painter-Structures ............................... 13.17 Pavement Marking Machine .................. 10.04 Pipe Layer ........................................ 11.04 Reinforcing Steel Setter Paving .................. 14.86 Reinforcing Steel Setter Structures ............. 16.29 Roller, Steel Wheel Plant-Mix Pavements ..... 11.28 Roller, Steel Wheel Other Flatwheel or Tamping ........................................ 10.92 Roller, Pneumatic, Self-Propelled ............... 11.07 Scraper ............................................. 11.42 Servicer ............................................. 12.32 Slip Form Machine Operator .................... 12.33 Spreader Box Operator ........................... 10.92 Tractor-Crawler Type ............................ 12.60 Tractor-Pneumatic ................................ 12.91 Traveling Mixer ................................... 12.03 Truck Driver Lowboy/Float ..................... 14.93 Truck Driver-Single Axle Heavy ............... 11.47 Track Driver-Single Axle Light ................ 10.91 Truck Driver -Tandem Axle Semi Trailer ..... 11.75 Truck Driver-Transit Mix ....................... 12.08 Wagon-Drill, Boring Machine, Post Hole Driller .......................................... 14.00 Work Zone Barricade ............................ 10.09 Welder .............................................. 13.57 1-23 Bidding Documents T H £ C I T Y 0 F SECTION 2 CONTR/ICT DOCUMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ,,QX ~'~ day of ~.t~-¢-oc~-~. in the year 2006 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinat~er called OWNER) and /~t~,)r.~,o ,?el? J3~l. ot-~. ¢. (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the removal and replacement of approximately 40,000 square feet (SF) of concrete paving, removal of failed subgrade, import and compaction of cement treated base (CTB), and placement of new 8" thick 4,200 PSI concrete pavement. In addition, three bands of brick pavers are to be removed and replaced with full depth colorised stamped concrete. The balance of the project consists of removing the failed joint sealing material, cleaning the joints, and applying new silicone joint sealing material. Work shall include all components necessary for the "turn key" reconstruction of the roadway. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Freeport Parkway Reconstruction Project # ST 00-04 '2006' Article 2. ENGINEER. The Project has been designed by the City of Coppeli Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the fights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 40 calendar days from the date when the Contract time commences to mn as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiting any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty and no/100 dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 Proposal and Bid Schedule. The contract sum shall be the amount ors 419~616.00. The total tangible personal property cost included in the contract sum is $193~000.00. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 2-3 Contract Documents 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Pr/ce, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. _ 2-4 Contract Documents 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2-2 thru 2-7, inclusive). 8.2. Certificate of Insurance and Bonds (pages 2-8 thru 2-15, inclusive). 8.3. Notice of Award. 8.4. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, third ediition. 8.5. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-2 thru 3-10, inclusive). 8.6. Specifications beating the title: "Construction Specifications and Contract Documents for the "Freeport Parkway Reconstruction Project #ST 00-04 '2006' for the City of Coppell". 8.7. Drawing entitled: ST 00-04 '2006' 2-5 Contract Documents 8.8. The following listed and numbered addenda: 8.9. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 Bidding Documents. 8.10. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.12. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 BY: ~a TITLE: get Libby B~ll, City Secretary Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Atto: Ken Griffin, P.E. Dir. of Engineering/Public Works _?-.e./xap, ,,~, ,~ ,:,~oc') ,2006. CONTRACTOR: Advanced Paving Company 2257 Joe Field Road BY: /~;,,a~ t' TITLE: Address for giving notices: (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2- 7 Contract Documents ACORD_ CERTIFICATE OF LIABILITY INSURANCE Advanced Pavtflg Acqut$tttm~ Ltd. ~A: Advmtced Piv~flg Co. 2257 2oe Held Road Dallas, TX 75;'29 3D01211 3E0~21~ 3E0121! 04/26/2005 O(126/ZOD5 "ZDMi*' In Cappe11, Texas ' Llabllffy and Au~a Liability contaln Blanket Additional Znsured ~nd General Liability, Auco and Workers Campensatt(m contain Blanket Waiver of S~broc.~tlan ~s required by wrtttel C~ty of C~pell C/o Purchas~flg Agent 25S Pafloly Blvd P 0 Box 9471 Co!4)e~1, TX 75019 ACORO 2S (2001M) Rod Hedll n/LLH ~K:ORD CORPORATION t111 TVR CT:TT 1~4 §O/0T/Z0 Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance which will be executed and bound here with final documents. 2-8 Contract Documents General Instructions For Bonds The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. The name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2-9 Contract Documents Bond No. 4350821 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Advanced Paving Co. whose address is 2257 Joe Field Rd., Dallas, TX 75229 hereinafter called Principal, and SureTec Insurance Compan7 __ , a corporation organized and existing under the laws of the State of Texas __. , and fully licensed to transact business itn the State of Texas as Surety, are held and firmly bound unto thc CITY OF COPPELL, a municipal co~pomtion organized and existing under the laws of the State of Texas, heminaf/er called "Beneficiary", in the penal sum of Four Hundred Nineteen Thousand, Six Hundred Sixteen and No/100 ............................... DOLLARS ($ 419~616.00 ) irt lawful money of thc United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Ordcr or Supplemental Agreement which reduces the ,Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the of , A.D. 2006, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Freeport Parkway Reconstruction Project No. ST 00-04 '2006' Bid No. Q-0106-03 NOW, THEREFORE, if the Principal shall well, truly and faithfully pe~'oma and fulfill all of the undertakings, covenants, terms, conditions and a~reements of said Contract in accordance with the plans, specifications and Contract documents during the original term there, of and any extension thereof which may be granted by the Beneficiary, with or without not/ce to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if thc Principal shall repair ancFor replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages whk:h Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any defhult or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. _ 2-10 Contract Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such eh~ge, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Residant Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in one of which shall be deemed an original, this the day of Advanced Pa~. Title: two .__ copies, each _, 2006. SURETY SureTe_c Insurance Compa_ny Title: b ' e Attor__ne_7-in- fact NAME; Don E. Cornell ADDRESS: 2711N. Haskell Ave., Suite 800, Dallas, TX 75204 NOTE: Date o. f Performance Bond must be date of Contract. If Resident Agent is not corporation, give person's name. 2- I ] Con tract Documents Bond No. 4350821 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Advanced Paving Co. whose address is 2257 Joe Field Rd., Dallas, TX 75229 --' hereinafter called Phncipal, and SureTec Insurance Company , a corporation organized and existing under the laws of the State of Texas , and fully licensed to transact business in the State of Texas as Surety, are held and firmly boimd unto the CITY OF COPPELL, a municipal corporation organ/zed and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Four Hundred Nineteen Thousand, Six Hundred Sixteen and I'Io/100 ............................... DOLLARS ($ 419,616.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be' made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, 'the Principal entered into a certain Contract with the City of C0ppell, dated the of 2001, which is made a part hereof by reference, for the construction of certain public improvements that arc generally described as lbllows: Construction of the: Freeport Parkway Reconstruction Project No. ST 00-04 '2006' Bid No. Q-0106-03 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform icg duties and make prompt payment to all persons, finns, subcontractors, corPorations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereat~er be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any 2~12 Contract Documents such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-I of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two _ copies, each one of which shall be deemed an original, this the day of 2006. PRINCIPAL SURETY .Advanced Pa~ Co. ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: SureTec Insurance Company Title: Robbi Morales Atto~rne_y_-__i~-fact ATTEST: NAME: Don E. Cornell ADDRESS: 2711 N. Haskell Ave., Suite 800, Dallas, TX 75204 NOTE: Date of Pe~Cormance Bond must be date of Contract. If Resident Agent t~ not a corporation, give a person's name. 2-13 Contract Documents POA#: 4221097 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know .411 Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Jerry P. Rose, Don E. Cornell, Chris J. Kutter, Luke J. Nolan, Jr. of Dallas, Texas its true and lawful Attomey(s)-in-faet, with full power and authority hereby cunfmxed in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30, 2007 and is made under and by authority of the following resolutions of thc Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s).in-Faet to represent and act for and on behalf of the Company subject to the following provisions: Attorne~in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's Iiability thereunder, and any such instmmants so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereat~er affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile zeal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (/ldopted at a meeting held on 20~ of.4prd, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. State of Texas County of Harris SS: ~TEC INS/~CE COMPANY Bill On this 20th day of June, A.D. 2005 before me parsonally came Bill King, to me known, who, being by me duly swum, did depose and say, that he resides in Houston, Texas, that he is President of SLrRETEC INSURANCE COMPANY, thc company described in and which executed the above instrument; that he knows thc seal of said Company; that thc seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he sigacd his name thereto by like order. Michelle Denny, Notary Public My commassion expires August 27, 2008 l, M. Brant Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a line and correct copy ufa Power of Atlomey, executed by said Company, which is still in full force and effect; and furthermore, the resolutions oftha Boatd of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of ,20 , A.D. 'M. Brunt Biaty, As'~i~'tant Se r~ry Any Instrument issued in excess of the penalty stated abovo is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST, SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and , a corporation organized under thc laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the , a Municipal Co~oration, Texas, the sum of Dollars and Cents ($ ) , for the payment of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said to build and construct which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for 2-14 Contract Documents successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said caused these presents to be executed by and the said be executed by its Attorney in fact and the said Attorney in fact , has hereunto set his hand, the day of has has caused these presents to ,2006. PRINCIPAL SURETY By:. By: Title: Title: WITNESS: ATTEST: NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-15 Contract Documents SECTION 3 ST/IND/IRD SPECIFIC/I TIONS SUPPLEMENT~IR Y CONDITIONS CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECWICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS ~DICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1.0 - DEFINITIONS SC-1.0 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Da,/: Add the following sentence to the end of the working days definitions: "Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC-1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 3-2 Standard Specifications -- Supplementary Conditions ITEM 1.16 - NOTICE TO PROCEED SC-1.16 Add following sentence to end of Item 1.16. "Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work." ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC-1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC-1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies". Add the following to the end of Item 1.20.1: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC-1.20.5 Add the following new Item 1.20.5 immediately after Item 1.20.4: "1.20.5 Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. 3-3 Standard Specifications -- Supplementary Conditions If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract." ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC-1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-1.24.2.1 Add the following new Item 1.24.2.1 immediately at~er Item 1.24.2: "1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless fi.om and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages fi.om OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." 3-4 Standard Specifications -- Supplementary Conditions ITEM 1.26 - INSURANCE SC-1.26.6 Add the following new item: "1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR." SC-1.26.7 Add the following new item: "1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no fights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same." ITEM 1.27 - MATERIALS AND WORKMANSHIP~ WARRANTIES AND GUARANTEES SC~1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years". ITEM 1,32 - WORKING AREAl COORDINATION WITH OTHER CONTRACTORS[ FINAL CLEANUP SC-1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." 3-5 Standard Specifications Supplementary Conditions ITEM 1.33 - OTHER CONTRACTORS~ OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence o£thc second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR &such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS~ EXTENSION OF TIME~ LIQUIDATED DAMAGES SC-1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC-1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 1.42 - INSPECTION AND TEST SC-1.42 1.42.3 Amend the first paragraph to delete "direction and expense of the Owner" and add the following "direction of the Owner and expense of the Contractor". Amend the last paragraph, first sentence by changing "Contractor" to "Owner". 3-6 Standard Specifications Supplementary Conditions ITEM 1.49 - OWNER'S~ EMPLOYEES OR AGENTS SC-1.49-2 Replace Item 1.49.2 with the following new paragraph: "1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor." ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof: "1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials fi'om charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall fumish a 3-7 Standard Specifications -- Supplementary Conditions breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project." (b) (4) (B) PART II: MATERIALS - DIVISION 2 MATERIALS ITEM 2.1.5 - TRENCH BACKFILL: Types "B" and "C" Additional Requirements Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 pement of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6 - RIPRAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83." ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer". (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." ITEM 2.2.2 - CHEMICAL ADMIXTURES: Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. (d) 3-8 Standard Specifications _ Supplementary Conditions PART III ITEM 3.1.2 - ITEM 3.7.3 - CONSTRUCTION METHODS DIVISION 3 - SITE PREPARATION CONSTRUCTION METHODS: Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer." DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 pement of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART III DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART III ITEM 5.8.2 - DIVISION 5 - PAVEMENT/SURFACE COURSES CONSTRUCTION METHODS: (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 3-9 Standard Specifications -- Supplementary Conditions (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following:" "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of fleshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART III DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9 - BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 pement and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3-10 Standard Specifications _ Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H £ (: I T Y 0 F cOPPEL£ SPECIFIC PROJECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas Third Edition prepared through the North Central Texas Council of Governments (NCTCOG). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the City of Coppell Standard Construction Details (Ord # 92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord #94-643) shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. A.S.T.M. A.A.S.H.T.O. A.C.I. A.W.S. A.W.W.A. S.S.P.C. N.E.M.A. W.P.C.F. TX.DOT S.S.P.W.C.N.C.T. T.C.E.Q. T.M.U.T.C.D. O.S.H.A. T.A.S. A.D.A American Standards Association American Society of Testing Materials American Association of State Highway & Transportation Officials American Concrete Institute American Welding Society American Water Works Association Steel Structures Painting Council, Federal Specifications Treasury Department Underwriters Laboratories National Electrical Manufacturers Association Water Pollution Control Federation Texas Department of Transportation Standard Specifications for Public Works Construction North Central Texas Texas Commission on Environmental Quality Texas Manual on Uniform Traffic Control Devices Occupational Safety and Health Administration Texas Accessibility Standards Americans with Disabilities Act 4-2 Specific Project Requirements 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 9478, Coppell, Texas 57019. ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private properly shall be at the expressed approval of the ENGINEER, only. PROJECT DESCRIPTION: This Contract consists of the removal and replacement of about ???714,500 square yards of paving in 37 different locations along Freeport Parkway, the removal and replacement of about 250 square yards of median paving in four locations and five two-inch water taps into existing water lines. CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them fi.om damage, injm'y or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. SURVEY AND FINISHED GRADES: General horizontal and vertical alignment is not changing. The Contractor shall be responsible for layout and staking of all grades and 4-3 Specific Project Requirements 1.10 1.11 1.12 1.13 1.14 lines for construction to preserve existing horizontal and vertical alignment. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractors' responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items. SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. 4-4 Specific Project Requirements 1.15 The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all waming devices in accordance with the TMUTCD and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Additionally, two-way traffic and 20 mph advisory signs for each direction of traffic shall be placed on both sides of all intersections. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, banicades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. except as noted on the plan provided with these specifications. One lane of traffic in each direction shall be provided at all times. The Contractor is responsible for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to fumish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. hi addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. 4-5 Specific Project Requirements 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: 1.17 1.18 1.19 1.20 Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and stmctures. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them fi.om damage. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. DRAINAGE: The Contractor shall maintain adequate drainage at all times. PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe 4-6 Specific Project Requirements 1.21 1.22 1.23 the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not he a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All paving, subgrade, or other debris removed fi.om the site as a preliminary to the construction shall be removed from the property at the sole expense of the Contractor. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulting fi'om the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4-7 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. 1.3 1.4 1.5 No work requiting shop drawings will be executed tmtil review and acceptance of such drawings has been obtained. PRODUCT DATA: Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. Manufacturers standard schematic drawing sand diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. SAMPLES: Provide samples as indicated in other parts of these specifications. CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4-8 Specific Project Requirements 4. Conformance with specifications. Coordinate each submittal with requirements of the work and of the Contract Documents. Begin no work which requires submittals until return of submittals with Engineer's review. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies which the contractor requires, plus four which will be retained by the Engineer. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names off a. Contractor b. Supplier c. Manufacturer Identification of the product. Field dimensions, clearly identified as such. Relation to adjacent or critical features of the work or materials. Applicable standards, such as ASTM or Federal Specification numbers. Identification of deviations flora Contract Documents. Identification of revisions on resubmittals. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a\coordination of the information within the submittal with requirements of the work and of Contract Documents. I 1. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. Seal and signature of a register engineer on all structural submittals. 5. 6. 7. 8. 9. I0. 13. 4-9 Specific Project Requirements 1.7 1.8 D. REVIEW: Shop drawing and product data information review will be general. Such review will not relive the contractor of any responsibility and work required by the Contract. Satisfactory shop drawings will be so designated and all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. RESUBMISSION REQUIREMENTS: Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. ENGINEER'S RESPONSIBILITIES: Review submittals with reasonable promptness. Affix stamp and initials or signature, and indicate requirements for resubmittal, or acceptance of submittal. Return submittals to Contractor for distribution, or for resubmission. 4-10 Specific Project Requirements SECTION 5 DESCRIPTION OF PA Y ITEMS SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Items. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, (b) saw cutting, (c) doweling into existing paving, (d) repairs to damaged irrigation systems, (e) removal of spoils, (f) replacement of striping or buttons removed during construction, (g) water for construction, (h) subgrade work, (i) excavation, (j) resodding/hydrornulch, (k) surveying to re-establish grade, and (1) any other incidentals necessary to complete the work. The above items are not meant to be a total and complete list of subsidiary items but only representative of the types of items that should be included in the various pay items associated with this project. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Worlds Construction", latest addition, unless modified by these special provisions. 2.1. Pay Item # I-1 - Mobilization & Demobilization: This pay item shall consist of the mobilization for the construction of the project. It is anticipated that the project will be constructed in a minimum of two phases. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Measurement and Payment shall be as follows: one-half the mobilization and demobilization shall be paid with the first pay estimate after the initial mobilization has taken place. On all subsequent pay estimates, measurement and payment shall be prorated on the basis of the percent of the job complete plus the initial 50% (i.e., when the pay request reflects 50% payment of the total contract amount, then the contractor will be paid for 75% of the mobilization pay item, etc.) Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.2. Pay Item #2 Remove and replace paving: This work shall include the removal and replacement of the paving in locations along Freeport Parkway. Existing concrete is a minimum of 8" thick and existing subgrade is a minimum of 6" thick. All repairs are to be saw cut full depth a minimum of 12" beyond the failure or to the next joint if within 3' and are to be square or rectangular in shape. 5-2 Description of Pay Items Complete removal of all pavement within the repair area is to be accomplished leaving clean vertical sides. Damaged vertical sides will be resawed, removed and replaced at the contractor's expense. Limit of pay will only be to the original saw line. Spoils from this activity and subgrade removal will be disposed of off-site at the contractor's expense. Subgrade shall be removed to a depth of 16" below top of the existing pavement and cement treated base (CTB) is to be placed and compacted to 95% standard proctor density in place of the removed subgrade. For the long continuous removals, lime stabilization at a rate of 40# / SY may be used. If the removal leaves a void deeper than the 14" requirement, or if unstable material is encountered that has to be removed, then flexbase shall be placed and compacted to 95% standard proctor density to bring subgrade up to 16" below bottom of the existing pavement. Vertical sides of repair area are to be doweled with #4 bars, epoxy embedded 6"into the sides at 12" centers. A 24" #6 smooth dowel with dowel sleeve will be used at any transverse expansion joint that may be disturbed. See City of Coppell Standard Details. Reinforcement steel shall be minimum #3 bar on 18" centers with 30 diameters bar laps. (#3 = 12" lap) and shall be supported by bar chairs spaced adequately to support the weight of the concrete during placement. Concrete shall consist of Type I cement at a rate of 6 sacks per CY and a compressive strength of 4200 PSI at 28 days. After placement of concrete, the entire new concrete section shall receive a coat of approved white pigmented curing compound applied by use of a sprayer capable of producing an even and thorough coverage. Six cylinders shall be obtained for testing on the -]th, 14th, and 28th day. Testing to be provided by City. Pavement may be placed in service if a strength of 3200 PSI is obtained on the 7 or 14 day breaks. If the 28-day break does not obtain 4200 PSI the pavement shall be removed and replaced at the contractor's expense. Construction joints shall be per the City of Coppell Standard Details with silicon sealer at all joints as well as replacement redwood at transverse expansion joints. If no longitudinal joint is existing on the existing paving, a longitudinal joint will still be required on the new sections of full width paving. Joint sealing on new paving shall be subsidiary to this pay item. No payment will be made for new joint sealing under Pay Item I-6. Any buttons, striping or other traffic control device removed during construction shall be replaced to match pre-existing conditions. All irrigation systems damaged will be repaired to as good or better and to the satisfaction of the property owner. It is the contractor's responsibility to obtain utility locations. Any damage to existing utilities will be the sole responsibility of the contractor. Contractor will be responsible for backfilling behind the curb, where curb has been removed and replaced, and sodding the disturbed area with like turf. 5-3 Description of Pay Items 2.3. 2.4. It will be the responsibility of the contractor to provide written notification to affected residents in the vicinity of the repair area prior to the beginning of work. Information to be included will be beginning and end dates of project, road closure information - either total or partial, and contact number(s). Measurement and Payment shall be made on the basis of the bid price per square foot (SF) and shall be the total compensation for furnishing all labor, materials, and equipment necessary to complete the work. Pay Item #I-3 - Construct Monolithic Concrete Curb: This item shall include all work necessary to construct a concrete curb adjacent to and monolithic with the concrete pavement. Concrete curb shall be 6" in height and conform to the standard details of the City of Coppell. Concrete mix shall meet the same requirements as those outlined under concrete paving, and shall have a compressive strength of 4200 psi ~ 28 days. In locations where the adjacent pavement is to be replaced under this contract, the curb shall be poured monolithic with the adjacent pavement, and reinfoming steel shall be tied to the paving steel. In areas where the curb is to be replaced adjacent to paving that is to remain, the existing curb and 24" gutter sections shall be removed and the new curb and gutter section doweled into the adjacent pavement as outlined in the pavement replacement section. Reference the City of Coppell Standard Construction Details and Subdivision Ordinance for further clarification. Measurement and payment shall be made on the basis of the contract price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, equipment and disposal necessary to complete the work. Pay Item #I-4 - Remove Brick Pavers and Construct Stamped Concrete Band: This pay Item shall consist of the removal and disposal of existing brick pavers at three locations along Freeport Parkway. The existing concrete lug will be saw cut and removed, and any additional material necessary to establish a grade 16" below final paving grade, the subgrade will be compacted to 95% standard proctor density, then CTB will be brought up to the bottom of the paving grade. At this point, full depth colonized stamped concrete will be placed to the dimensions shown in the plans. All pavers, concrete, excess base material and miscellaneous patch material shall be removed from the job site and properly disposed of. These pavers have been patched on many occasions with different materials. Any concrete, asphalt or other patch material shall be removed and disposed of under this item with no additional pay. The contractor shall not stockpile removal material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. At e C~ty s discretion, any pavers removed in good condition shall be delivered to the Coppell Service Center located at 816 S. Coppell Road. 5-4 Description of Pay Items 2.5, After removal to the appropriate grade, and compaction of the remaining material, eight inches (8") of cemented treated base (CTB) shall be placed and compacted to 95% standard proctor density. The unconfined compressive strength for the CTB shall be Class "A" 400-psi with a minimum of 5.0% cement. The Contractor shall submit a copy of the mix design from the supplier to the Owner's representative. Upon completion of the base preparation, concrete placement shall be Red Clay - Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered after review of specifications and a test section that demonstrates the ability to match color and pattern. All concrete for construction shall be Class 'F' concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 4,200 psi at 28 days. No fly ash shall be permitted. In areas where the new 8" concrete abuts existing concrete, the vertical sides are to be doweled with #4 bars epoxy embedded 6" into the sides at 12" centers. Reinforcement steel shall be a minimum #3 bar, on 18" centers with 12" bar laps and shall be supported by bar chairs adequately spaced to support the weight of concrete during placement. If it is necessary or desirable to open a portion of the pavement in less than 7 days, the Contractor has the option of using high early strength concrete at no additional expense to the Owner. If high early strength concrete is used, the Contractor may use high early strength cement, additional cement, approved chemical admixtures, or a combination of these materials to achieve a minimum compressive strength of 3600 psi in 3 days or less. The concrete curing periods specified for the item of work in which the concrete is used shall not be waived. Prior to placing high early strength concrete, the Contractor shall submit to the Owner's representative a concrete mix design from the ready-mix concrete supplier or a concrete mix design signed and sealed by a Texas Registered Professional Engineer. The concrete header and the furnishing and placing reinforcement are subsidiary to this pay item. Work shall be in compliance with all applicable TxDOT specifications and NCTCOG Items 2.2 and 5.8. Measurement and Pay~nent shall be made on the basis of price bid per square foot (SF) and shall be inclusive of all reinforcement steel, dowel bars, reinforcing joints, and filling of joints, and be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #I-5 - Adjust Water Valve Box or Manhole Cover to Final Grade: This pay item shall consist of the protection and adjustment of water valve boxes and manhole covers located within the project area. The contractor shall protect the existing utilities for adjustment during the concrete removal. They should then be adjusted to the proposed grade of the new paving. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-5 Description of Pay Items 2*6* 2.7 2.8 Pay Item #I-6 - Remove, Clean and Reseal Pavement Joints: This pay Item shall consist of the removal and disposal of failed joint sealing material, cleaning ofjoints, and installation of new silicone joint sealing material. Joint scaling shall bc done in accordance with City of Coppell standard details, and shall include a backer rod where required, and the use of an approved self leveling silicone sealant. The failures of this concrete paving are due in part to water reaching the subgrade through the joints in the pavement. It is anticipated that this msealing will prolong the life of the paving sections that have not yet failed. Measurement and payment shall be made on the basis of the contract price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, equipment and disposal necessary to complete the work. Sealing of joints adjacent to new concrete shall be subsidiary to Pay Item I-2, and no additional payment shall be made under Pay Item I-6. Pay Item #I-7 - Furnish, Install, Maintain & Remove Traffic Control Devices: This pay item shall consist of the development and implementation of a traffic control plan in accordance with the latest edition of thc Texas Manual on Uniform Traffic Control Devices (TMUTCD). This plan shall be prepared for the continuous flow of traffic in both directions for the full duration of thc project. Consideration shall be made for access to all adjacent streets and businesses at all times. In thc event an access will be closed for any time, the contractor shall make contact with thc affected business owner, and make arrangements for appropriate access. Wrangler Drive - Wrangler drive provides access to Coppell Middle School West, and as such particular attention should be paid to access to this street. This street shall not be obstructed during the morning drop off or the afternoon pick up while school is in session. The Contractor shall submit an appropriate traffic control plan to the Owner for approval prior to implementation. This plan shall include a narrative on the proposed sequencing of the various elements of the plan. Measurement and payment shall be on the basis of the price bid per Lump Sum (LS) and shall be total compensation for furnishing a traffic control plan, as well as all labor, materials, tools, and equipment necessary to implement and maintain the plan throughout the duration of the project. This shall include any and all movements of the required devices as indicated in the sequencing plan to be developed by the contractor. Pay Item # I-8 - Furnish, Install, Maintain and Remove Erosion Control Devices: This project will be subject to the Texas Commission on Environmental Quality's (TCEQ) requirements for construction. Under the Texas Pollutant Discharges Elimination System (TPDES) construction general permit (TXR150000), an operator of a construction site that will disturb one (1) or more acres is required to obtain a permit for the discharge of storm water runoff. The contractor will be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SW3P) and then, depending on the size of the activity, either submit an NOI to the TCEQ or post a notice on-site. The SW3P must describe and 5-6 Description of Pay Items ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges associated with construction activity and assure compliance with the terms and conditions of the permit. The SW3P shall be subject to approval by the City. The SW3P must be retained on-site or notice must be posted if the SW3P is retained off-site. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) to pay the contractor for the preparation and implementation of the SW3P, including any necessary revisions throughout the duration of the construction contract, and for providing the physical erosion/pollution control measures throughout the duration of the construction contract as delineated in the approved SW3P. 5- 7 Description of Pay Items