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DR9602-CN 960602r r. r CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS- DR 96-02 "Iqt. rl-Z WAREHOUSE" Bid No. ~069b02 FOR CITY OF COPP~ 1996 TABLE OF CONTENTS Section 1 - Bidding and Contract Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule & Prevailing Wage Rates Standard Form of Agreement (Contract) Insurance Requirements Performance Bond Payment Bond Maintenance Bond City of Coppell's Supplementary Conditions to the NCTCOG Standard Specifications for Public Works Construction Section 2 - Specific Project Requirements Section 3 - Special Provisions to Standard Specifications for Construction For this project, the Standard Specifications for Public Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall govern all work to be done, together with any additional Special Specifications or Specific Project Requirements included herein. 1-2 1-3 thru 1-13 1-14 thru 1-25 1-26 thru 1-31 1-32 thru 1-34 1-35 thru 1-36 1-37 thru 1-38 1-39 thru 140 141 thru 147 2-1 thru 2-7 3-1 thru 3-4 Section 4 - Description of Pay Items 4-1 thru 4-2 BIDDING AND CONTRACT DOCUMENTS SECTION 1 SECTION 1 - BIDDING AND CONTRACT DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for Gateway Business Park Drainage Improvements. Specifications may be obtained at a cost of $25.00 from Brockette. Davis - Drake, Inc., 4144 N. Central Expressway, Suite 1100, Dallas, TX 75204. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for Gateway Business Park Drainage Improvements will be received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard, until 10:00 a.m., July 2, 1996, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q0696-02 designated clearly on the exterior of the bid envelope. There will be a "Pre-bid" Conference conducted on June 20th, at 10:00 a.m. in the second floor conference room at Coppell Town Center, 255 Parkway Boulevard. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the f'misbed 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. 1-2 Bidding and CoW Docw~L~ BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Del'reed Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Condkions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This project is located in a 20' drainage easement south of Gateway Boulevard and north of Cotton Road. The scope of work is as shown on the construction plans and as stated in these specifications. Generally, the work shall consist of the installation of 11 L.F. of 72" RCP, 144 L.F. of 66" RCP, 384 L.F. of 60" RCP, 45 L.F. of various other sizes of RCP. The remainder of the work consists of: Junction Box. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from Brockette-Davis-Drake, Inc., 4144 N. Central Expressway, Suite 1100, Dallas, Texas for $25.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. Bidding and Cos~'tw.t Documents 3.2 3.3 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 free 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, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantifies, and completion date(s). Equipment. The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial. 14 Each Bidder shall be prepared to submit upon request of the Owner a balanced f'mancial 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 confam 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 trmancially 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 forfek his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. Examination of Contract Documents and Site. Access to the site shall be from Gateway Boulevard and Cotton Road. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, Co) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the 1-5 Bidding and Contract Documents 6.3 6.4 6.5 6.6 Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, tectmiques, 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 1-6 7.2 ge 8.2 9.2 9.3 Purchasing Agent in response to such questions will be issued by Addenda mailed, faxed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. Bid Security. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of the City of Coppell. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fourteen (14) days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening, where upon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 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. 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. 1-7 Bidding and Contract Documvnt~ 10. 11. 12. 12.1 12.2 12.3 Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: $240/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 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. Contractor required to pay for all testing. 1-8 Bidding and Contract Documents 1~. 15.1 13.2 14. 15. Bid Proposal. Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 16. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate n~rne 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 f'a'm or partnership, the name and post office address of the managing member of the fn-m or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the fn-m or partners. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. Estimates of Quantifies. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 1-9 16. Submission of Bids. 17. 17.1 17.2 18. 19. 20. 20.1 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 478, Coppell, Texas 75019 until 10:00 a.m. on July 2, 1996, 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. Q0696-02 and the name and address of the Bidder shall be submitted. 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 Gateway Business Park Drainage Improvements - Q0696-02 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 fries a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 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 1-10 B/dd~g ~ Co~,~ct oocm,~ 20.2 20.3 20.4 20.5 20.6 21. Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful f'mancial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 1-11 Bidding and ~ontr~ct Documents 22. Affidavit of Bills Paid. 23. 24. 25. 25.1 25.2 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. Bid Compliance. 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 Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales mx 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 mx 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. 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 mx-free purclmme of tang~le personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales mx 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 1-12 B~,~,~ ~ contact m,~tnn 26. 27. 28. 29. 30. f'mished product. For example, equipment rentals, form materials, etc. are not considered as becoming "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. 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. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. Venue. This agreement will be governed and construed according to 'the laws of the State of Texas. This agreement is performable in Dallas County, Texas. Maintenance Bond. The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1-13 ~Wd/ng and ¢~md Document~ BIDDING AND CONTRACT DOCUMENTS BID FORM PROJECT IDENTIFICATION: Gateway Business Park Drainage Improvements - DR 96-02 in Coppell, Tx. BID OF SUPERIOR UTILITIES, INC. DATE July 2, 1996 (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q069~-02 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. 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 niuety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) No: Date: Rec'd: BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): N/A 1-14 (c) (e) 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, pro~oxess, 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. 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. 1-15 ~/dd/ng and Contract Oocument~ o (0 BIDDER has correlated the results of all such observations, examimations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract 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, farm or corporation and is not submitted in conformity with any agr~ment or rules 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. 0) 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 furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. BIDDER will complete the Work for the following price(s): UNIT PRICE BID SCHEDULE GATEWAY BUSINESS PARK DRAINAGE PROVEMENTS - DR 96-02 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price I 9 LF 18" Class IH RCP $ 22.00 $198.00 Complete in Place Twenty Two Dollars and no Cents per LF. 2 9 LF 21" Class III RCP $ 24.00 $ 216.00 Complete in Place Twenty Four Dollars and no Cents per LF. 3 18 LF 24" Class III RCP $ 27.00 $ 486.00 Complete in Place Twenty Seven Dollars and no Cents per LF. 4 9 LF 30" Class IH RCP $ 33.00 $ 297.00 Complete in Place Thirty Three Dollars and no Cents per LF. 1-17 and Contract Documents UNIT PRICE BID SCHEDULE GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS - DR 96-02 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 5 384 LF 60" Class HI RCP $105.00 $ 40,320.00 Complete in Place One Hundred Five Dollars and no Cents per LF. 6 144 LF 66" Class IH RCP 8" RCP $125.00 $18,000.00 Complete in Place One Hundred Twenty Five Dollars and no Cents per LF. 7 11 LF 72" Class HI RCP $145.00 $1,595.00 Complete in Place One Hundred Forty Five Dollars and no Cents per LF. 8 5 EA Wye Connection $150.00 $ 750.00 Complete in Place One Hundred Fifty Dollars and no Cents per each. 1-18 za~,~g ~,~ co,u~ct Oo¢~e,~ UNIT PRICE BID SCHEDULE GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS - DR 96-02 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 9 2 EA Ex. Pipe to Structure Connection $ 200.00 $ 400.00 Complete in Place ,,___ _~wo..Hm~d~ff~~~~ and no Cents per each. 10 4 EA Ex. Pipe to Pipe Connection $ 200.00 $ 800.00 Complete in Place Two Hundred Dollars and no Cents per each. 11 2 EA 24" Plug $ 50.00 $100.00 Complete in Place Fifty Dollars and no Cents per each. 12 1 LS Junction Box $ 5,000.00 $ 5,000.00 Complete in Place Five Thousand Dollars and no Cents lump sum. I I 1-19 m~,o~g an~ co~.t ooc~ UNIT PRICE BID SCHEDULE GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS - DR 96-0:2 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 13 2 EA 4' x 4' Wye Inlet (extra depth) $1,500.00 $ 3,000.00 Complete in Place One Thousand Five Hundred Dollars and no Cents per each. 14 2 EA Remove Existing Headwall $ 500.00 $1,000.00 Complete in Place Five Hundred Dollars and no Cents per each. 15 9400 CY Fill For Channel $ 2.25 $ 21,150.00 Complete in Place Two Dollars and twenty five Cents per cubic yard. 16 1 LS Erosion Control for Inlet $ 200.00 $ 200.00 Protection Complete in Place Two Hundred Dollars and no Cents lump sum. TOTAL BID ITEMS 1 THRU 16 $ 93,512.00 TANGIBLE PERSONAL PROPERTY COST / $ 48,5OO.O0 1-20 Bidding and Contract Documents BID SUMMARY CALENDAR TOTAL PRICE DAYS TOTAL BASE BID ITEMS I THRU 16 $ 93,512.00 30 In Words: Ninety Three Thousand Five Hundred Twelve 'arid /~07100'**************************** BIDDER agrees that all Work awarded will be completed within 30 Calendar Days. Contract time will commence to run as provided in the Contract Documents. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Imtmctions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 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 July 2 , 19 96 1-21 Bidding anti Contract Documents 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 90 calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF TEXAS COUNTY OF DALLAS ME, the undersigned authority, a Notary Public in and for the State of Texas personally appeared Billy B. Faust who after being by me Name duly sworn, did depose and say: BEFORE , on thi.q day "I, Billy B. Faust Name Superior Utilities~ Inc. Name of Firm foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the Superior Utilities, Inc. Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." NameandAddressofBidder: Superior Utilities} Inc. 2464 Manana, Dallas~ Texas 75220 Telephone: ( 214 ) 352-1660 by: Bi l I v/~B. Faust Title: Presi dent Signature: SUBSCRIBED AND SWORN to before me by the above named Billy B.Faust on this the 2nd day of du 1 19 96 . .................. Notary Public in and for the State of Texas If BIDDER IS: An Individual By. ,(Seal) doing business as Business address (Individual's Name) Phone No. A Partnership By. (Seal) (Finn Name) (General Partner) Business address Phone No. A Corporation By Superior Utilities, Inc. Texas (Corporation Name) (State of Incorporation) By Billy B. Faust President (Name of person authorized to sign) .~ (Title) (Secretary) Business address 2464 Manana, Dallas, Te~s 75220 Phone No. A Joint Venture By (214) 352-1660 By (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the m~nner indicated above.) 1-23 Rtff~g trod C~ntrm:t Docttmtnt~ SECTION ~6,~0 - LABOR CLA~ffIFICATION .~ND ~'~'B~ WAGE The City of CoppeIl is the con=acting agency for ctz~s construction pmj~:. T~e followk~g suture mquir~ any contracting agency to sp. ~y the generally prevailMg ram of wages in contracts that zm bid. Ver~on's Ter. r.z C~z'l $~,,~z~ - Ar~cfe ff59~: "Coms~ucion of l:~blic ~'orks in Sram ~ Municipal or Polidcal Subdivisions; Prev~g Wage Ram to be makxalmed.' P,~-ua= to th~ re .~ttkeme=ts of this smmm, the Cirf of Coppe[l, h,zs asc~ th: foIIow~g rams of wages are p~t to v~otm Not less than thc following hourly rams ~h~ll b~ paid for ~e v~o~ c~~am of ~ The hourly mm for legal holiday and ovc.~m¢ wofi¢ shall be aot less ~n~ or~ ami o~e-half (1 & I/2) ~ thc base hourly ram. · 'l'at rams specked are jour~ym~ ram. Ap. pm.-~.,'c=s may be ttse~ on the pmj~z compensated, at a ram d.e:erm~ed m,~m~l~y by the work~ mad employer, co~ e~e,"ience and sk-il~ of the worker but ~ot at a ram not I~.s th~ 60% of thc j~'s as shown. A~ no 6me shall a jour~yma~ sup. erv~e mom tha~ one (1) .~pp.~. Ail apprentices shall be uncle: the direr: supervision of a journeyman workimg a.s z crew. CLASSIFICATION ~'!OURLY RATE CLASSrFICA~0N HOURLY RATE Air Tool Operator $7.554. Asphalt Raker 8.565 Asplmk Shoveler 8.255 Bamking Plant WeiSer 9.371 Ba~erboard Se~r 8.920 Car~enmr 9.447 Caz~enter Helper 7.695 Concrete Finisher - Paving 9.345 Concrete Finisher Helper Paving 8.146 Concrete Finisher - Stracrcres 9.058 Concrete Finisher Helper Structures 7.494 Concrete Rubber 7.733 EIeztric~an 12.76l Electrician Helper 8.436 F'tagger 5.598 Form Builder - Strtu:axr~ 8.717 Fozm Builder Eel~r Struean~ 7.550 Form ~ P~ving & Curb 8.913 Form Setmr - Paving & Curb 8.686 Form Se~er Helper P~ving & Curb 7.787 Form Setter - Strucmr~ 8.427 Form $etmr Hdper S~c~zres 7,356 Laborer- Commozl 6.40~ Laborer - Utility 7.46I Maz~ole Builder ! 1.000 M~hardc I0.658 Mec,Mnk Helper 8.345 Oiler 8.698 1 - 24 CLASSIFICATION HOURLY RATE Servicer 8.10~ Pain[er - Structures 10.913 P~e~ver 7 P~ed~ver E:Iper 7.~ Pi~e Myer 8J09 Pipe ~yer Helper 7.037 Bitter ~ 1.333 Blaster Heizer 7.~0 .~p~t D~butor ~e~r 8.~ ~ Pav~g ~~ 9.~3 Broom or Sweet ~e~r 7.~8 B~dozer, ~50 ~ & ~ 8.703 B~ldozer, Over 150 ~ 9.I~ Conc~:e Pav~g C~g ~e 8.213 Concrete Pav~g F~g Mach~e . 9.453 Concrete Pav~g Fo~ Gm~ 8.5~ Concre~ Pav~g Io~ ~chi~a 9.~2 Concrete Pav~ Io~ S~er 7.350 Concre~ Pa~ Saw 9.~ Concrete Pav~g Sp~ 9.750 Pav~g Sub,ruder 9.~ Slipfo~ Machine ~emmr 9.~ Cr'~e, Clamshell, Backhoe, Derric~ Dragli~e, Shovel L~s Th,xa 1 ~ C.Y. 9.513 Cme, C~he!I, Bac~oe, De~c~ Dmg~, Shovel 1~ C.Y. & Over 10.S17 C~her or Scr~g P~ Opera,or 9.~ Fo~ ~adcr 12.~ Fo~tion D~ Opem~r Crawler Mourned I0.~ Foundation D~ Operator Track Mourned 11. I38 Foun~tion D~ Opemmr Helper Tmc~Cmwler 8.688 Front End ~ader 2'~ C.Y. ~ ~t.~ Front End ~ader Over 2'~ C.Y 9.311 Hoist - Double Dram 8.917 Milling MachNe Opemmr 6.650 Mker (over 16 C.F.) 9.~ CLASSiFiCATiON HOURLY R.*TE Mker (16 C.F. & Le~) 7.913 bfL~er - Con ,cre,.e Paviag 9.500 Motor Gader Opea-amr G~de 10.3~ Motor Grade Op~r 9.891 Pavemen~ ~g ~ 6.~2 ~ P~ve~ 8.339 Railer, S~I or T~g 7.963 Roller, Pae~, Sei-~~ 7.~3 Scm~r - I7 C.Y. a ~ 8. I38 S~p~ - Ov~ 17 C.Y. 8.~ Side Boom 7.793 Tracer - Crawler T~e 150 & ~s 8.~ Tmc:or - Crawler T~e Ov~ Tmczor - P~ 7.735 Tmve~g N~er 7.615 T~g ~ - ~ 8.188 Tm~g ~ - E~ I2.498 Posz ~ole ~er ~e~r 9.~ W~goa - D~, Bo~ ~ 9.~ Redoing S~l Se~ P~ 9.218 Re;afforc~g S~..el Se~er Helper 8.665 Steel Worker- S~'ucmral 12.860 Si~ ~mr 11.436 Si~ ~tor Heip~ 6.~ SpOor Box ~r 6.988 M~ Si~ ~er P~ Trcc~ D~ver - S~e ~e ~t 7.~5 T~ck D~ver - S~gle ~e E~W 8.067 Track Driver - ~wboy~o~ 9.653 Track Driver - T~it ~ 7.507 T~ck Driver - W~5 8.2~ Vib~tor Operator 7~ We[der I0.459 We!der Helper 9.~ " l- 25 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of the year 1996 by and between the CITY OF COPPELL, TEXAS, (hereinafter called OWNER) and Super.~or Utilities, Inc. CONTRACTOR). a municipal corporation (hereinafter called) 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 project is located in a 20' drainage easement South of Gateway Boulevard and North of Cotton Road. The scope of work is as shown on the construction plans and as stated in these specifications. Generally, the work shall consist of the installation of 11 L.F. of 72" RCP, 144 L.F. of 66" RCP, 384 L.F. of 60" RCP, 45 L.F. of various other sizes of RCP. The remainder of the work consists of: Junction Box. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Gateway Business Park Drainage Improvements - DR 96-02 "Fritz Warehouse" P.I.D. Article 2. ENGINEER. The Project has been designed by: Brockette-Davis. Drake, Inc. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1-26 Article 3. CONTRACT TIME. 3.1. The Work will be completed within 30 calendar days from the date when the Contract time commences to run as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Forty & 00/100 Dollars ($240) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contact sum shall be the amount of $ 93~512.00 The total tangible personal property cost included in the contract sum is $48,500.00 Article 5. PAYME~ 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. 5.1.1. Prior to Completion, progress payments will be made ia an mount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, ia 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 REPRESF. aNTATIONS. 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 ia the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth ia Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained ia 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 (ia 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 famishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the 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 CONTRACTOR concerning the Work consist of the following: 8.1. 8.2. 8.3. 8.4. 8.5. 8.6. 8.7. 8.8. 8.9. OWNER and This Agreement (pages 1-26 thru 1-31, inclusive). Exhibits to this agreement (immediately following this Agreement, inclusive). Certificate of Insurance. Notice of Award. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 141 thru 147). Drawings entitled: "Gateway Business Park Drainage Improvements". DR 96-02 The following listed and numbered addenda: CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 8.10. Documentation submitted by CONTRACTOR prior to Notice of Award. 1-29 st~a~ ro,,~ oj'as, ne~,t 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 etl 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 parmers, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on (,,_~.c~ 07 ._q , 19 t~g'. OWNER: City of Coppell 255 Parkway Boulevard TITLE: BY: TITLE: CONTRACTOR: Superior Utilities, Inc. 2464 Manana  /~~ Dallas, Texas 75220 President ATTEST: Address for giving notices: P.O. Box 478 Coppe~,Texas 75019 Arm: Ken Griffin, P.E. Asshtant City ManageffCityEngineer (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Address for giving notices: 2464 Manana Dallas, Texas 75220 (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 1-31 Form oJ'At're~ INSURANCE REQUIREMENTS 1.1 1.1.1 1.1.2 Insurance Required The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and Item 1.26 of the North Central Texas Standard Specifications for Public Works Construction as amended August 23, 1990, and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on this subcontract until all similar insurance of the subcontractor has been so obtained and approved. Compensation Insurance The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require the subcontractors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shah cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amount of insurance shall be as follows: Each Accident Disease Each Employee Disease Policy Limit $100,000 $1o0,000 $500,000 Commercial General Liability ln.qurance Contractor shall take out and maintain during the life of this contract such General Liability Insurance (including explosion, collapses and underground damage coverage) as shall protect him and any subcontractor performing work covered by this contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, including blasting, when blasting is done on or in connection with the work of the project, whether such operations be by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The minimum amount of Insurance shall be as follows: General Aggregate Products - Components/ Operations Aggregate $1,000,000 $1,000,000 I -32 Imurance Requir~m~nt~ 1.1.3 1.2 1.3 1.4 1.5 Personal and Advertising Injury Each Occurrence Fire Damage (any one fire) Medical Expense (any one person) $600,000 $600,OOO $50,OOO $5,000 Automobile Liability Insurance The Contractor shall take out and maintain during the life of this contract such. Automobile Liability Insurance for owned, hired and nonowned vehicles as shall protect him and any subcontractor performing work covered by this contract. The minimum amount of such insurance shall be as follows: Combined Bedily Injury and Property Damage Bodily Injury Bodily Injury Property Damage $600,000 per occurrence $250,000 per person $500,000 per accident $100,000 Protective Liability Insurance The Contractor shall take out and maintain during the life of this contract an owners protective liability insurance policy. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the contractors liability insurance. The minimum mount of such insurance shall be as follows: Combined Bodily Injury and Property Damage $600,000 per occurrence $1,000,000 aggregate Proof of Carriage of Insurance The Contractor shall furnish the City with satisfactory proof of carriage of the Insurance required by this section. If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, dpossible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. CONTRACTOR intends that any policies provided in response to paragraph 1.2 shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no 1 -33 lmutm~ce Requirements 1.6 fights of recovery agairt~t any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. If OWNER has any objection to the coverage afforded by or omer provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 1. l and 1.2 of on the basis of its not complying with the Contract Documents, OWNI~R shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER. Failure by O~ to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the CONTRACTOR as complying with the Contract Documents. ~BO1--05326 lINTERCARGO INSURANCE COMPANY 450 East American Lane · 20th Floor Schaumburg, Illinois 60173-5458 1-800-394-3924 ,o,o,o. PUBLIC WORKS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we ()n,en the full name end addre$, of the prtnet~,,I below) hereinafter I referred to ~ H[~ Enterprises, Inc DBA H & ~ Utility Contractors esPrincipet,[ 305 Ma~n Street,Lake Dallas, TX 75065 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do ~siness in the State of are held and firmly bound unto (Inae~ the lull name and address of the Obllgee below) hereinafter asObligee, P. O. BOX 478, Coppell, Il 75019 inthepenalsumof (5~) of the amount of the Bid, not [o excee~ ~en ~housand ~d O0[lOO's Dollars ($ *** ~ 10 r 000. O0 ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors a~ Assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obi)gee on a contract for Ilnse~ pro,ct desc~pt~n and I~atton b~w) Gateway Business Park Drainage Improvements/DR96-02 Location :Coppell,Texas NOW,THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the obi)gee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obi)gee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obi)gee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated this 211c] day of ~Tuly , 19 96 By: By: INTERCARGO INSURANCE COMPANY p~ul.i, ner.. L~sch IName tvpedl IH,BL*4 17193! . ,diD IF NOT USED BY: ~. INTERCARGO INSURANCE COMPANY 08/01/96~ 1450 East American Lane · 20th Floor ru Schaumburg, Illinois 60173-5458 No Power of Attom®y on this form ahall 1-800-394-3924 be valid aa to bonds, undertakings, recognizance, or other wrftten obligation, approval code POWER # in the nature thereof executed on or after said expiration date. LB01-05526 PRINCIPAL HZW Enterprises, lnc DBA H & W Utility Contractors ~05 JVJ[ain Street,, Lake Dallas, TX, 75065 OBLIGEE CITY OF COPPELL P. O. Box 478, Coppell, TX 75019 DESCRIPTION & LOCATION OF OBLIGATION Gateway Business Park Drainage Improvement~fDR96-02 Location :Coppell, TX PENAL SUM $10,O0O. 00[ 75-2385764] DR96-02 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or warranties regarding this Power of Attorney may be made by any parson other than an authorized officer of INTERCAR~O INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY, Attention: Contract 8ond Underwriting Department. This Power of Attorney shaft be governed by the laws of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS: That INTERCARGO INSURANCE COMPANY. a corporation organized and existing by virtue of the laws of the State of Illinois does hereby nominate, constitute and appoint: Pauline L. Les& its true and lawful Attorney-in-fact to make, execute, attest, seal and deliver for and on itu behalf, az surety, and az its act and deed, where required, any and aU bonds, undertakings, recognizances and written obligations in thc nature thereof, az follows: Bid Bonds uo to $300,000 ~s a percen6sge of the amount bid License & Permit and N[iscellaneous bonds up to $5(~),000 Performance & Payment Bonds up to $1,400,000.00 individually Court Bonds up to $51~),(1~0.~ Such bonds and undertakings, when duly executed by thc aforesaid Attorney-in-fact shall be binding upon the said Company az fully and to thc same extent as if such bonds and undertakings were signed by thc President and $,:ereuwy of the Company and sealed with its corporate seal. This appointment is made under and by authority of thc By-Laws of thc Company, which arc now in full force and effect. STATE OF ILLINOIS ss. COUNTY OF COOK I, Lawrence P. Goecking Secretary oftl~ INTERCARGO INSURANCE COMPANY a corporation of~he Stat~ of Illinois, do her~y ccrti~ that thc above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with thc original and that it is a correct transcript therefrom and of thc whole of thc original and that thc said Power of Attorney is still in full force and effect and has not been revoked. $cha, rnhur_.,. [llinoi, this IN WITNESS WHEREOF, I have hereunto set my hand and affixed thc seal of said Comp~my, at 2nd day of July ,x996 ~$'.... ~n .....' CON-24L(01/95) Southwest Assurance Grou[~, Inc 9400 N. Central Expwy., #1550 Dallas, TX 75231-5044 (214) 691-5721 FAX 691-4961 SUPERIOR UTILITIES, INC. P.O. BOX 543145 DALLAS, TEXAS 75354-3145 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAl'ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A TRANSCONTINENTAL INS. CO (CNA) C0MP~Y S VALLEY FORGE INS. CO. (CNA) C CONTINENTAL CASUALTY CO. (CNA) ¢0MPN~¥ D TRANSPORTATION INS. CO. (CNA) :::::::::::::::::::::::::::::::::::::::::::: ¥::::::::::::: ~.$ ~: ::: .-':~:i:i$!:!:::: .,.': i ~i~ i i:'. i i i i :i~:::::::i:iii:iii~i:~i$ i:::::::iii ~ii~iii:i::i:i :: $::ii ii THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIO0 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POEClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POEClES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ OF INeURANCE GENERAL UABi. ITY COMMERCI.N- GENERAL LIABILITY ,+'C1-1~551743 __ CLNMS MAOE IXI OCCUR OWNERS & CONTP~CTOWS PRO? TCPP ENDT. CG 2503 AB10~O~LE ~ ANY AUTO #C1-1~172~ ALL OWNED AUTO~ SCHEDULED AI/rOS HIRED AUTOS NON-OWNED AUTOS ~RAGE LIABIJTY ANY AI/I'O UMBRELLA F0~M #C1-16SSl OTHER THAN UMBF~ F0~ WO~ COIIIIE~ATIO~ AND ~e~u)~s' u~aa.n'Y #WC-1-165~1712 PARTNE~,~XECUTNE ,*'C1-1 ~551726 PHYSICAL DAMAGE POUCY ~ POLICY EXPIRATION POLICY NUMBER DA'rE (MMMD/YY) DAI~ (IdliTH)/Y~ PRODUCTS - COMP/O~ ~G S1,000,O00. 1oA4 5 10~4~5 1o 4 5 1o 4 5 10~4~6 10~4~6 10~4~6 10~4~6 PERSON.N_ & ADV INJURY sl,000,000. ~ OCCUFFENCE $1,000,000. F~FE DN4~OE (Any one fire) $ 50,000. MED ~ (Any one person) $ ~. COMBINED SINGLE LIMIT $1,000,000. BODILY INJURY (Per pemofl) $ BODILY IH,JURY (Per acc{dm.) $ PROPERTY DAMAGE AUTO ONLY - EA AOClDENT $ OTHB:I 'TH.AR AUTO ONLY: EACH ACCIDENT $ AGGREGA*IE $ RETEN/]ON $ 10,000. EACH ACClDEI~ $S00,O00. D~ - POtlCY LIMIT $SO0,QQO..~ DISEASE - EAC)I EMPLOYEE COLL. DED. $ s~. SPECIFIED CA OF LOSS RE: BID Q0696-02, GATEWAY BUSINESS PARK DRAINAGE IMPROVEMENTS-DR 96-02 "FRITZ WAREHOUSE" P.I.D.; CITY OF COPPELL IS NAMED AS AN ADDITIONAL INSURED & WAIVER OF SUBROGATION IS IN THEIR FAVOR;*CANCELLATION CLAUSE IS A~1~NDED TO INCLUDE "EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREM"* CITY OF COPPELL 255 PARKWAY BLVD. P.O. BOX 478 COPPEL.~. TX 75019 8~OULD ANY OF THE ABOVE D~CRIBED POLICIE~ BE CAN,--tim BEFORE THE EXPIRATION DATE THEREOF, THE I~UING MANY WILL ENDEAVOR TO MAIL 3 0 DAY8 wAn'TEN NOTICE TO mE CERTIFICATE HOLDER NAMB} TO THE LEFT, OF ANY KIND UPON THE C~MPANY, re AO~NT8 OR ~AlWEN. STATE OF TEiYJ, S } COUNTY OF D~LLAS } PERFORMANCE BOND BOND #S-21-00-48 POWER #202996 KJNOW ALL MEN BY THESE PRESE1NTS: That SUPER~0R UTILITIES, INC. whose address is 2464 Manana, Dallas, Texas 75220 , hereinafter called Principal, and Union Insurance Co. of Providence , a corporation organized and existing under the laws of the State of Iowa , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Ninety Three Thousand Five Hundred Twelve and ******************************************** DOLLARS ($ 93,512.00'*********) 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, f'n-mly 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 Coppell, the Beneficiary, dated the 22nd of July , A.D. 19 96 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Gateway Business Park Drainage Improvements - DR 96-02 "Fritz Warehouse" P.I.D. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and worknmnship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 1 - 3 5 re,'/'on~ce PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTItl*.R, 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 change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as 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 mmtyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 8 copies, each one of which shall be deemed an original, this the 22 'nd day of July ., 19 96. SUJ~R~IOR UTiLItIES, INC. Billy -Fau's t Title: President UNION INSURANCE COMPANY OF Charles K. Miller Title: Attorney-In-Fact PROVIDENCE ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NP~ME: Charles K. Miller, SOUTHWEST ASSURANCE GROUP, INC. Pd)DRESS: 9400 N. Central Expressway, Suite #1550 Dallas, Texas 75231 NOTE: D~e~PefformanceBo~mustbedate~Contract. ~R~identAgent~notaco~oration, giveape~on~ 1-36 PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is 2464 Manana, Da]Its, Texas BOND #S-21-00-48 POWER #202996 SUPERIOR UTILITIES~ INC. 75220 hereinafter called Principal, and Union Insurance Co. of Providence , a corporation organized and existing under the laws of the State of Iowa , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Ninety Three Thousand Fi ve Hundred Twelve and ******************************************** DOIJ~ARS ($ 93,512.00 ) 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, fwmly 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 Coppell, dated the 22nd of Jul7 , A.D. 19 96 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Gateway Business Park Drainage Improvements - DR 96-02 "Fritz Warehouse" P.I.D. NOW, THEREFORE, if the Principal shall wet, truly and faithfully perform its duties and make prompt payment to all persons, fn-ms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be fried 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 1-37 Payment Bond waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WI:IEREOF, this imtrument is executed in 8 copies, each one of which shall be deemed an original, this the22'nd day of July , 19 96  R~INC. UNION INSURANCE COMPANY By: By: Billy/F~'flst- Charles K. Miller Tide: President Tide: Attorney-In-Fact OF PROVIDENCE S~usan L. salazar-- The Resident Agent of the Surety in Dallas or Denton County, Texas, for deliver7 of notice and service of the process is: NAME: Charles K. Miller, SOUTHWEST ASSURANCE GROUP, INC. ADDRF~S: 9400 N. Central Expro. s.qwmy: S,,q to #1 550 Dallas, Texas 75231 NOTE: Date of Performance Bond must be date of Contract. I/Resident Agent is not a corporation, give a person's ttame. 1-38 Payment Bond STATE OF TEXAS } COUNTY OF DALLAS } MAINTENANCE BOND BOND #S-21-00-48 POWER #202996 KNOW ALL MEN BY TIIESE PRESEN'rS: THAT 2464 Manana, Dallas, Texas 75220 SUPERIOR UTILITIES, INC., Union Insurance Co. of Providence ,acorporationorganizedtmderthe laws of I owe , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the CITY OF COPPELL , a Municipal Corporation, Texas, the sum of Forty-Six Thousand Seven Hundred Fifty-Six - Dollars and Zero Cents ($ 46,756.00 ), for the payment of which sum will and truly be made unto said City of Coppell , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the Superior Utilities, Inc. this day entered into a wTitten contract with the said City of Coppell to build and construct Gateway Business Park Drainage Improvements "Fritz Warehouse" P.I.D. which contract and the plans and specifications said has - DR 96-02 therein mentioned, adopted by the City of Coppel] 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 workmamhip or materials fin-aished 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 agaimt 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 City of Coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it 1-39 Maintenance ~ond is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN V~ITNF~S Vv~IEREOF, the said Superior Utilities~ Inc. has caused these presents to be executed by Billy Faust and the said Union Insurance Co. of Providence has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Charles K. Miller , has hereunto set his hand, the 22 'nd day of July ,19 96 PRINCIPAL SUPER,~,~OR. UTIL~ITIES, INC. Bilp ]~au~t t Title: President SURE~ UNION INSURANCE COMPANY OF PROVIDENCE Charles K. Miller Title: Attorney-In-Fact Susan L. Salazar NOTE: Date of Maintenance Bond must not be prior to date of Contract. 1-40 Maintenance Bond and collectively ~ijERRY ~S K. THACKER, INDIVIDUALLY, DALLAS, ~ its true and lawful attorney-in-fact with full power and authority similar nature as follows: : ::?-::: .. :.::; :: ~ :::: .i:.i .- .... and. to:]~in~::;ea~h~!:~m~n~:: t~i~bY:;:~a~ii fully and to th~'~S of sai~i~:a~ine~::'~'rsu~'nt:{O:::the authority hereby given The authority hereby granted shall expire __ and undertakings, recocj revoke the power and author ty given to him Attorneys-in to execute and deliver on behalf of Seals ~h~ ~r~s have caused these i DaY d ~ H xenbaugh of the EmP~yers issued ~nd effect. CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPI~EMENTED REMAIN IN FUI.L FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ITEM 1.0 - DEFINITIONS SC-1.0 EngMeer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day: Add the following sentence to the end of the working days definitions: Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for impection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. Ail other terms used in these Supplementary Conditions which are def'med 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 5055 of the cost of the public improvements for a 2 year period." 1-41 s~vum~ ITEM 1.16 - NOTICE TO PROCEED. SC-I.I~ 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 DOCUME~S 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. 1-42 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 fin'st sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: 1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shallpromptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and agaimt 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 from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. 143 Suppl~m,ntary Condition~ ITEM 1.26 - INSURANCE SC-1.26.6 Add the following new item: 1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-1.26.7 Add the following new item: 1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. ITEM 1.27 - MATERIALS AND WORKMANSI~P; W~S AND GUARANTEES SC-1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to ntwo years". ITEM 1.32 - WORKING AREA; COORDINATION WITH OTI:IER CONTRACTORS; FIN~ 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 1-44 shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specific, ations and the lines and grades given therein." ITEM 1.33 - OTH~R CONTRACTORS; OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS; EXTENSION OF TIMEi LIQUIDATED DAMAGES SC-1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract t/me 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_ The Contractor is required to pay for all testing. 5uppltmentary Cor_~n~ 1-45 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, fa'st sentence by changing "Contractor" to "Owner". ITEM 1.49 - OWNER'S, EMPLOYS. ES 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 fights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership mounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ITEM 1.58 - STATE AND LOCAL SAI.I~.S 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 from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This 1-46 Supplementary Condi~on.g 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 contracff approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into tl~ 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 comtmction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 1-47 SPECIFIC PROJECT REQUIREMENTS SECTION 2 SECTION 2 SPECIFIC PROJECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C. O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to thi.~ project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 3 - Special Provisions to Standard Specifications for Comtmction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. 2-2 Specific Project Requirements SECTION 2- SPECIFIC PROJECT REQUIREMENTS 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 1.2 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. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 1.5 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the property owners and the Contractor assumes all liability. PROJECT DEscRIFrlON: This project is located in a 20' drainage easement South of Gateway Boulevard and North of Cotton Road. The scope of work is as shown on the construction plans and as stated in these specifications. Generally, the work shall consist of the installation of 11 L.F. of 72" RCP, 144 L.F. of 66" RCP, 384 L.F. of 60" RCP, 45 L.F. of various other sizes of RCP. The remainder of the work consists of: Junction Box. 1.6 CP, I.ENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the def'mition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, roles, regulations and order of any public authority have jurisdiction 'for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 2-3 Specific Project Requirements 1.8 SOIL INVESTIGATION: A geotechnical investigation report has been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISItED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the m-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. 1.10 1.11 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 Contractor shall make arrangements with an independent laboratory acceptable to the owner for all backfill compaction, concrete and other testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of tests, inspections or approvals. 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. Two copies shall be provided to the Owner of all repons and laboratory test results. No separate payment shall be made to the Contractor for the cost of geotechnical testing services which shall be considered incidental to the project. 1.12 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. 1.13 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. 2-4 Specific Project Requirements 1.14 1.15 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading thc plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and thc Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law and the Texas Manual on Uniform Traffic Control Devices (TMUTCD) to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right- of-way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If thc Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary fla~nen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of 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 mediately 2-5 $1~ecific Project Rtquirtments 1.16 1.1"/ 1.18 1.19 removed and replaced by and at thc cost and expense of the Contractor. If thc damages are not corrected in a timely fashion, then thc City shall have thc right to repair thc damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: ao Prior to any excavation, the Contractor shall determine thc locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. bo After commencing the work, usc every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. Co 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. do 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: Thc Contractor shall maintain adequate drainage at all times. PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, thc improvements covered by these plans and specifications during the life of the contract. CLEANUP: Durin~ Construction. The contractor shall at all times keep thc job site as free from all mater~al, 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 2-6 Spedfic Projec~ Requ~ment$ 1.20 1.21 1.22 1.23 1.24 acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backf'flling 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 tran~orting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. CONSTRUCTION TRAILER: 2-7 Sp~d. fic Project Rtq~irtmentt SPECIAl, PROVISION TO STANDARD SPECIFICATIONS FOR CONSTRUCTION SECTION 3 FOR SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS PUBLIC WORKS CONSTRUCTION These Special Provisions, modify, or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in Section 1 entitled "Proposal and Bid Schedule". PART H: MATERIALS- DIVISION 2 ITEM 2.1.5. TRENCH BACKFILL: Types "B" and "C" (4) Additional Requirements CB) Additional Requirements for Type "C" backfill when u.,xl in streets: Insert the following paragraph at the beginning of this subsection: "All trench backf'fll shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6. RIP RAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Rip rap. 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 f~rst sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe mamffacturer, and shall be approved by the Engineer". (b) paragraph: Engineer." Earth Bedding: Add the following sentence at the beginning of this "Earth bedding will not be permitted without written approval of the PART ITEM 2.2.2. CHEMICAL ADMIXTURES: (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. HI DIVISION 3- SITE PREPARATION ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: Strike the fu:st sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART IV: DIVISION 4- SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the fa'st paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART V: DIVISION 5- PAVEM~NT AND SURFACE COURSES ITEM 5.8.2. CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a frae 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 VI: DMSION 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 percent 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." DESCRIPTION OF PAY ITEMS SECTION 4 SECTION 4 - 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 Item. Pay Items 1, 2, 3, 4, 5, 6, 7, 11, 13, 14 and 16: These are standard Bid Items and as such the installation and construction shall be in conformance with the lines, grades and materials shown on the plans; with generally accepted construction practices; and in conformance with these specifications, plans, the North Central Texas Council of Government specifications and the City of Coppell Standard Details. Pay Item//8 Wye Connections This pay item shall consist of conslxuction of laterals to the main storm sewer system (STA 0 + 12, 1 + 56, 3 + 04, 4 + 22 and 5 + 08). The measurement and payment shall be on the basis of the bid price each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item//9 Existing Pipe to Structure Connection This pay item shall consist of the connection of the existing 2 - 60" RCP (STA 0 + 00) to the proposed Juncton Box. The measurement and payment shall be on the basis of the bid price each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item #10 Existing Pipe to Pipe Connection This pay item shall consist of the connecton of the existing RCP laterals (STA 0 + 12, existing 36" RCP, 3 + 04, 5 + 08) which terminate at the 20' easement line to the proposed main storm sewer. The measurement and payment shall be on the basis of the bid price each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item #12 Junction Box This pay item shall consist of the construction of the junction box which connects the existing 2 - 60" RCP to the proposed 72" RCP. The measurement and payment shall be on the basis of the bid price of lump sum and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work per lump sum. Pay Item #15 Fill for Channel This pay item shall consist of the placement of fill (includes 15% loss factor) to enclose the existing channel. The measurement and payment shall be on the basis of the bid price of cubic yard and shall be total compensation for fumishing all materials, tools, equipment, labor and any incidentals necessary to complete the work per cubic yard. Description of Pay Items 4-2 TRENCH SAFETY SPECIFICATIONS FOR THE "FRITZ WAREHOUSE" CITY OF COPPELL, TEXAS Prepared for SUPERIOR UTILITIES I have Feviewed thJs TFmch Safety Plan and find tlmt its recommendations and pFocaJur~ conform to OSHA ~uiddines and re~adations. The calculations hereh are consistent with generally accepted ~n~oineefing practice. REGISTERED PROFESSIONAL ENGINEER DATE 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 General. These specifications cover the basic requirements for shoring and/or sloping of excavations for the installation of STORM DRAINS for "FRITZ WAREHOUSE" in the CITY of COPPELL, TEXAS. This specification addresses the safety of workers in a trench excavation and does not, in any way relieve the Contractor of his responsibility and liability to ensure the safety of the project and workers. It is not the intent of these specifications to specify every detail and procedure of the trenching/shoring operations; nevertheless, they shall conform to the high standards of engineering and of safe trench excavation. The personnel protection systems shown in these specifications have been designed based on information obtained from the project drawings and specifications. In accordance with Revised OSHA (Appendix A to Subpart P effective March 2,1990), the Contractor's "Competent Person" will conduct the required Soil Classification Tests. If soils other than those previously identified are found, this specification will be revised. During construction, the Contractor's "Competent Person" will monitor the soil classification as required by OSHA 1926. Contractor shall be responsible for selecting the appropriate safety system option shown in these specifications, depending on trench depth and soil conditions. The protection of existing structures and utilities which may be affected by these trench excavations is beyond the scope of this report (See Sect.4.2) The Contractor must identify a "Competent Person" in the Contractor's finn responsible for performing inspections of the excavations to ensure that expected subsurface conditions are present. NOTE-This person must be "Competent" as described in OSHA 1926.650(b). It is the Contractor's responsibility to ensure that all excavation work and site conditions are within the regulations as established by OSHA. Any property damage or bodily injury (including death) arising from the use of these specifications, from the Contractors negligence in performance of contract work, or from Owners failure to note exceptions to these specifications shall remain the sole responsibility and liability of the contractor. 2.1 2.2 2.3 2.4 All definitions of section 1926.653 of Subpart P, Part 1926, of the Code of Federal Regulations shall be by reference an integral part of this section. "Sealing Engineer"- The engineer whose Texas seal is affixed to these specifications. "The Contractor"-The contractor responsible to the owner for the excavation work described herein. "Competent" as described in OSHA 1926.650(b). 3.1 3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.2 The Contractor shall perform all shoring work under this contract in accordance with all applicable codes and standard safety requirements and regulations including: OSHA 2207, Construction Industry Standards (Part 1926, Occupational Safety and Health Standards) AISC Code of Standard Practice. AISC Specifications of the design, fabrication, and erection of steel buildings AITC Timber Construction Manual AWS D 1.1 Structural Welding Code The Uniform Building Code OSHA 2226 U S Army Corps of Engineers EM 385-1-1 The latest edition (including supplements and revisions) of the above publications in effect or promulgated at the time of the bid shall apply. Equipment fabricated to codes and standards in effect at time of bid but later revised shall be acceptable provided such revisions are not required by law. 2 4.1 4.2 4.3 Description. This section covers the technical requirements of the trenching/shoring work. Existing Structures. Where existing buildings, other utilities, streets, highways, or other structures are in close proximity to the trench, or may otherwise be affected by the proposed trenching operation, the Contractor shall provide adequate protection by the use of sheeting and shoring to protect the structure, street, or highway from possible damage. In the case of utilities, the Contractor may elect to remove the utility, provided that the removal and subsequent replacement meet with the approval of the engineer, the utility owner, or whoever has jurisdiction of the structure. In all cases, it shall be the responsibility of the Contractor to protect public and private property and any person or persons who might, as a result of the Contractor's work, be injured. General Trenching and Shoring Requirements. The Contractor shall be solely responsible for trench safety provisions meeting the applicable requirements of the United States Department of Labor-Occupational Safety and Health Administration, including subpart P, Part 1926, of the Code of Federal Regulations. All trenching operations and procedure shall also conform to the requirements listed in this specification. 4.3.1 The requirements of sections 1926.650 and 1926.651 of Subpart P, Part 1926, of the Code of Federal Regulations shall be by reference an integral part of this section. 'I'I'ITI'I'I'I'I'I'I'I'I ......................................................................... 4.4.1 Known underground installations are shown on the site plans. It is the Contractor's responsibility to verify exact locations in the field. 4.4.2 Before any individual enters an excavation, the excavation will be inspected by a "Competent Person" to ensure that trench excavation has been performed according to this specification and OSHA requirements and to ensure that no anomalies are observed which may effect the safety of the trench project. Note-This person must be "Competent" as described in OSHA 1926.650(b). 4.5.1 During excavation, the exact location of existing underground installations shall be determined by the Contractor, and when uncovered, proper precautions and supports shall be provided so as not to cause a hazard to the workmen or the project. 4.5. Daily inspections of the excavations shall be made by the Competent Person". If there is evidence of possible cave-ins or slides, all work in the excavation shall cease until the necessary precautions have been taken to ensure the safety of the workmen and the trench. Note-This person must be "Competent" as described in OSHA 1926.650. Excavations shall be inspected atter every rainstorm or other hazarddncreasing occurrence to ensure safety of the workmen and the trench. 4.5.3 Excavated material shall be stockpiled a distance away from the trench, so as not to affect the trench stability. The Contractor's means and methods will determine the distance. As a minimum to protect the workmen from falling debris, the toe of the stockpiled soil shall be no closer than two(2) feet from the edge of the excavation. 4.5.4 All precautions must be made to prevent surface water from entering the trench excavation. Adequate drainage must be provided in the area adjacent to the excavation. 4.5.5 Operation of heavy equipment adjacent to the edge of the trench may cause instability. The Contractor is responsible for the means and methods of excavation, and therefore, for loads imposed on the trench excavation and shoring design. 4.5.6 The Contractor must take precautions to protect the face of the excavation from 'exposure to excessive drying, water, or freezing. 4.5.7 Water shall not be permitted to stand in the bottom of the trench and suction pumps of adequate capacity shall be installed to ensure that such standing water is removed. 4.5.8 The Contractor shall provide a positive means of ensuring that hydrostatic pressure does not build up behind the shoring or shields. 4.5.9 If a condition requiring the use of a different method of shoring is encountered, this specification will be revised. 4.5.10 Remove shoring units from bottom to top as backfilling proceeds. 4.5.11 When backfill is within five(5) feet of the top of the trench, all shoring may be removed, unless the trench conditions indicate a hazard. 4 4.5.12 No person shall be exposed to the lower portion of the trench at~er shoring has been removed. 4.5.13 Additional shoring of larger sizes may be installed. 4.5.14 Ladders or other adequate means of exit must be provided and located so as to require no more than twenty-five(25) feet of lateral travel. 4.5.15 When two(2) trenches intersect, both trenches must be protected to a distance of not less that the depth of the deepest trench. 4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 Prior to construction the contractor shall identify any areas near the proposed excavations that could expose workmen to harmful levels of atmospheric contaminants (i.e. landfills, manholes or materials storage). During construction, before workmen are allowed in an excavation or existing structure, the contractor shall test the air quality at these previously identified areas for hazardous atmospheres in all excavations greater than four (4) feet in depth. Atmospheres containing less than 19.5 percent oxygen or more than 20 percent concentration of flammable gas shall be deemed "hazardous" adequate precautions shall be taken. Retesting of work areas shall be conducted as often as necessary to ensure that the atmosphere remains safe for workmen. During construction, emergency rescue equipment shall be readily available where potentially hazardous conditions are expected to develop. As a minimum, the contractor shall have on site the following emergency equipment. Breathing apparatus, a safety harness and line, or a basket stretcher. During construction in potentially hazardous areas, the required equipment shall be attended. SECTION 5.0 SITE SPECIFIC EXCAVATIONS AND SHORING SPECIFICATIONS FOR STORM SEWER LINES STORM SEWER LINE "A" LOCATION MAX. DEPTH OPTION 0+00 TO 0+04 15.0 I 0+04 TO 0+15 14.0 I, II 0+15 TO 1+59 13.5 I, II 1+59 TO 5+43 10.0 I, II NOTES CONST. JUNC. BOX INSTALL 72" RCP INSTALL 66" RCP INSTALL 60" RCP PROJECT LATERALS & INLETS The contractor shall use guidelines set forth in Option I for the construction of inlets on the above referenced storm drain lines and use guidelines set forth in Option I or II for the installation of related piping. 5.2.1 Trenches more than five(5) deep shall be shored, laid back to a stable slope, or some other equivalent means of protection shall be provided where employees may be exposed to moving ground or cave-ins. Trenches less than five(5) feet in depth shall also be effectively protected when examination of ground indicates hazardous ground movement may be expected The Contractor will have Options I, II or III for providing such protection. 5.2.2 Lateral Earth Pressure: P = We(H+Hc0 Assumed Soil: Clay P=- a uniformly distributed lateral soil pressure, in lbs./fl2 We= Effective Soil Weight, pcf(Use 45 psf Typo"B" Soil) H-- Depth of excavation from top of supported bank to bottom of excavation in feet. Hq= Equivalent Height of Surcharge, in feet. Reference OSHA Rules and Regulations-Part 1926 of 29 CFR as amended by the Federal Register Volume 54, Number 209, October 31, 1989 WE 45 5.2.3 5.2.4 5.2.5 Option I The Contractor can use Slope as shown in the Option I section of the specification. Applicable slopes may be obtained by either straight cut or benched method. Vertical cuts for the benched method shall not exceed four(4) feet. Easement restrictions may limit the use of this option. Option I is normally not permissible in paved street areas. See Drawing Option I. Option II The Contractor may use a Trench Shield as shown in the Option II section of this specification. Requirements set forth in this Option shall include curricular trench shield(s) and or manhole boxes. All slopes above trench shield(s) shall conform to guidelines set forth in Option I. Trench shield(s) used on this project will be required to carry a minimum "PSF" as specified. Certification of trench shield(s) or manufacture's "tabulated data" shall be available for verification during construction. See Drawing Option II. Option III The Contractor can use Trench Shores as shown in the Option In Section of this specification. Shores are to be installed as shown with horizontal spacing determined by the depth of cut and soil type but shall not exceed 6 feet. See Drawing Option III. If there is raveling of the trench wall, the contractor shall install plywood behind the shores as shown on the Option In drawing. TRENCH SAFETY SPECIFICATIONS OPTION I SLOPE H/V - REQUIRED SLOPE PER SOIL TYPE H/V = ~A to 1 H/V= 1 to 1 H/V = llA tol HN=2 tol Stiff clay less than 12 feet in depth (Type "A") Stiff clay or weathered limestone (Type "A" or "B") Silty clays or saturated material (Type "C") Fill material or loose soil. NOTES 1. All trenches shall be dewatered as specified in 4.5.7 2. All slopes assume sufficient right-of-way exists. 3. All slopes shall be flattened an additional ~A foot if an existing parallel utility line is located within the horizontal distance equal to the depth of the new utility excavation. 4. No spoil or equipment shall be permitted nearer than 2 feet from the edge of the excavation. 5. A single 3' 6" vertical bench may be used in "stiffclay" only. 6. Exposed existing utility lines are to be supported. TRENCH SA FE TY SPECIFICATIONS OPTION H TRENCH SHIELD Spoil Material Bench is recommended Sloped portions of the excavation shall begin 18" below the top of the trench shield(s) and conform to guidelines set forth in Option I. Trench shield(s) may be benched 2 feet in "stiff clay". ~ Requirements and methods stipulated herein will apply to "manhole boxes" and/or "circular shields" that have been manufactured for personnel protection. NOTES 1. Trench shields shall be inspected and be free of structural defects that may impair their proper function. 2. Trench shields shall be used in accordance with the manufacturer's guidelines and recommendations. 3. Trench shields shall be installed so as to prevent any lateral or other hazardous movement. 4. Personnel shall not be allowed in the trench shield during its installation or removal from the excavation. 5. When shield(s) are stacked, the upper shield shall be rated for its physical depth in the trench. 6. Trench shield(s) used on this project sl~ll be rated to withstand anticipated "PSI*" (left side of graph) for depth of cut indicated below. Manufacture's tabulated data or certification shall be maintained on site. 8OO 750 700 650 6OO 550 5OO 450 400 350 300 5 Feet 7.5 Feet 10 Feet 12.5 Feet 15 Feet 10 TRENCH SA FE T Y SPECIFICATIONS OPTION III SHORING Plywood installed behind shores to prevent raveling. NOTES 1. Shores shall be double stacked when trench depths exceed nine (9) feet. 2. Maximum horizontal spacing for double stacked shores shah be five (5) feet. 3. Maximum allowable depth of cut for this Option sh~ll be fourteen (14) feet. 4. Aluminum hydraulic shoring may be used in Type "A" or "B" soils only. 5. Maximum horizontal spacing of shores in Type "A" soil shall be 6 feet. 6. Maximum horizontal spacing of shores in Type "B" soil shall be 5 feet. 7. The contractor's competent person shall inspect shores and verify that they are in good working order. 8. The hydraulic shores shall have a minimum working pressure of 750 psi. 9. The contractor shall adhere to the shoring manufacturer's guidelines for use in trench excavations. 10. ffthere is evidence of raveling or caving the contractor is required to install 1'/8" thick plywood or 3A" thick 14 ply arctic white birch (Finnland form). 11. Spoil material will not be allowed nearer than 2' from the edge of the excavation 11