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DR0601-CN060512 - I I .1 I I I I I I I I I I I I I I I I - THE CITY OF -~ --------.--.-..-. - C:,OPPELL ~ 'Oi..'<i. ~,.. ~i ..v~ #'.' t'J/~ 0,' -:t~~~ ,J;( ~~~~:~. ~ ,> ..,........._~~~" F ....~~ ~ " -1' ~ i' , " CON5TRUCTfUN ~Ptt 11-1(A1 L01\::' FOR AJacArtJzur Blvd. / Cribbs Dr. Drainage Pro/ect DR 06-01 FOR THE CITY OF COPPELL APRIL 2006 C ~/) 1 ( 17 (!r:'r In ~ ~' / " ~--) / /^/ .--./ I. q / /) (I- I I l SECTION 1 BIDDING DOCUMENTS THE CITY OF corPELL' M~~.-" ~ ~i ~\' ,~.;'. di- .... 4-~' ~ '" . - -r- ".. .c ~ . ~ ," \) 1:' - q t II is TABLE OF CONTENTS Page # Section 1 - Bidding Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule Prevailing WagE Rate3 1-4 1-5 1-15 1-23 Section 2 - Contract Documents Standard Form of Agreement (Contract) Certificate of Insurance Instructions for Bonds Performance Bond Payment Bond Maintenance Bond 2-2 2-8 2-9 2-10 2-12 2-14 For thIs project, the Standard SpecIficatIons for PublIc Works ConstructIOn - North Central Texas Tlmd EdItIOn, as prepared by the North Central Texas CouncIl of Governments, the CIty of Coppell Standard ConstructIOn DetaIls (Ord, #92-554), and AppendIx 'e DesIgn Cntena and Standards In the CIty of Coppell SubdIvIsIOn OrdInance (Ord #94-643) shall govern all work to be done, together with any addItIOnal Supplementary CondItIOns, SpecIfic Project ReqUirements, General Notes, DescnptlOn of Pay Items and/or Techmcal SpecIfications Included herem. Section 3 - Cit} of Coppell's Supplementary Conditions to the NCTCOG General Provisions 3-1 Section 4 - Specific Project Requirements 4-1 Section 5 - Description of Pa} Items 5-1 NOTICE TO BIDDERS The CIty of Coppell IS acceptmg bIds for the MacArthur Blvd. / Cribbs Dr. Drainage Project - No DR 06-01 Plans and SpecIficatIons may be obtaIned for a non-refundable cost of $25 00 from the Purchasmg Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (972) 304-3698 Sealed bIds addressed to the PurchasIng Agent, City of Coppell, Texas, for the MacArthur Blvd. / Cribbs Dr. Drainage Project No. DR 06-01 wIll be receIved m thc PurchasIng Office at the CIty ofCoppell Town Center, 255 Parbvay Boulevard, until 2':00 p.m., May 4,2006, and then publIcly opcned and read aloud Each BIdder shall submIt tv\O IdentIcal copIes of thIS bid wIth the City of Coppell Bid Nu. Q-0406-01 Ut:Slglldlt:u deariy UII the exlenor of the bId envelope Included with the bid there should be a completed BId Affida\ It and a Proposal Guaranty per Item 1 5 of the NCTCOG's I'd Standard SpeCificatIons for PublIc \Vorks ConstmctlOn 3 EdItIOn. A Pre-BId Conference has been scheduled for thIS proJect at the Coppell CIty Hall In the second f100r conference room (255 Parkway Boulevard), at 2 00 p.m on Apnl 25, 2006 The conference IS not mandatory; however, all mterested bIdders are strongly encouraged to attend. The Owner reserves the nght to reJect any or all bIds and to WaIve formalItIes Unreasonable or unbalanced umt pnces wIll be conSidered suffiCIent cause for reJectIOn of any bId or bids The Owner reserves the nght 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 mspect the sIte of the work and to Infom1 themselves regardIng local condItIOns and condItIOns under whIch the work IS to be done Complete sets of bIddIng documents must be used m prepanng BIds, the CIty of Coppell assumes no responsIbIlIty for errors or mIsInterpretatIOns resultmg from the use of Incomplete sets of BIddIng Documents 1\,JO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT The bidder shall not 1l1c1ude or prOVIde for sales tax on tangIble personal property to be mcorporated mto the project. (Note ThiS procedure may not be used, ho\\ e\ er, for matenals whIch do not become a part of the finIshed product, such as, eqUIpment rental or purchase, form matenals, etc) In order to be exempt from the sales tax on such tangible personal property. the contract shall separate and provIde separate charges for matenals to be mcorporated mto the project from charges for labor The CIty WIll provIde the Contractor WIth an exemptIOn certIficate for the matenals The contractor IS expected to Issue a resale certIficate 111 lIeu of paYIng a sales tax at the tIme of purchase The bIdder shall show the cost of matenals (tangible personal property) 111 the space provIded on the bId form The successful bIdder's bId form wIll be used to develop a separated contract and determme the extent of the tax exemptIon. BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Tenns used m these InstructIOns to BIdders whIch are defined m the Standard SpeCIficatIOns for PublIc Works ConstructIOn - North Central Texas 3rd Edltlon, as prepared by the NCTCOG and the Supplementary CondItIOns of Agreement have the meanmgs assIgned to them m these General CondItIOns The term "BIdder" means one that submIts a BId dlfectly to Owner, as dlstmct from a sub-bIdder, who submIts a bid to a BIdder The term "SLlccc~~f~l Blddcr" mc~n3 the !c\;. cst, qUalIfied" responsible DiJdci4 to Vv'hOlli tIie; Ow Her (vil the hasls of the Owner's e\ aluatlOn as hereInafter provIded) makes an award. The term "Blddmg Documents" mcludes the NotIce to BIdders, InstructIOns to BIdders, the BId Form, and the proposed Contract Documents (mcludmg aU Addenda Issued pnor to receIpt of bIds) SpeCIfic defined terms are Owner' \Vhere\er the word "O\VNER" IS used m the speCIficatIOns and Contract Documents, It shall be understood as refemng to the CIty of Coppell, Texas Engmeer' Wherever the word "El\'GL\lEER" IS used m the SpecificatIOns and Contract Documents, It shall be understood as refemng to the City EngIneer or his authonzed representatIve, CltyofCoppell, PO Bo\. 9478, Coppell, Texas 75019 Inspector The authonzed representatIve of the CIty of Coppell assIgned to observe and Il1spect any or all parts of the work and the matenals to be used therem. 2. Scope of\Vork. ThIS proJect IS mtended to collect nmsance stormwater that ponds at the mtersectlOn of MacArthur Blvd. and Cnbbs Dr The work shall consIst of the InstallatIon of approxImately 168 Imear feet of 18" slotted dram, one 2-grate mlet, and approxImately 50 hnear feet of 18" RCP along MacArthur Blvd, between Samuel Blvd and Cnbbs Dr Work shall mc1ude aU components necessary for the "turn key" constructIOn of the dramage proJect as shown m the plans for DR 06-01 3. Copies of Bidding Documents 3 I Complete sets of the BIddIng Documents may be obtaIned from the PurchaSIng Agent at the office of the CIty of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25 00 The followmg general reqmrements pertam to the Blddmg Documents A) No blddmg documents wIll be Issued later than two (2) days pnor to the bId openmg date 1-5 Bidding Documents B) After m\ ard of the Contract, the successful Bidder \\ III 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) Blddmg documents may be exammed free of charge at the offices of the CIty Engmeer, City ofCoppell, 255 Parkway Boule\ard, Coppell, Texas .) .2 Complete sets of Blddmg Documents must be used m prepanng BIds, the CIty of Coppell assumes no responsibIlity for errors or mlsmterpretatlOns resultmg from the use of lI1complete sets ofHlddmg Documents No partIal sets of plans, specIficatIons or proposal fonTls \vlll be Issued .) .) The Ovmer, 111 makmg copIes of Blddll1g Documents avallable on the above terms, does so only for the purpose of obta1l1111g Bids on the Work and does not confer a license or grant for anv other use 4. Qualifications of Bidders. The BIdder shall submIt wlth1l1 five (5) days of the Owner's request such eVIdence as the Owner may reqUIre to establIsh hIs financial responsibilIty, and possessIon of such eqUIpment as may be needed to complete t work m an expedItIOus, safe and satIsfactory manner The reqUIred mformatlon to be submItted shall consist of, but shall not necessanly be lImIted to, the followmg A Current ProJect Expenence (wlthm five [5] days If requested) A lIst of all proJects presently under constructIOn by the bidder mcludIng approxImate cost and completIOn date shall be submitted upon request. B Past ProJect Expenence (reqUIred to be submitted With five [5] days If requested) The BIdder shall submIt a lIst of comparable projects completed WIthin the prevIOus fi\e years including approxImate cost(s), quantIties, and completIon date(s) C EquIpment. (wlthm five [5] days lfrequested) The BIdder shall provIde a lIst of equIpment, whIch w111 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 eqUlprnent, If any, that he must rent/lease as may be reqUIred to complete thiS proJect. D Fmanclal (wlthm five [5] days Ifrequested) J -6 Bidding Documents Each Bidder shall be prepared to submIt upon request of the Owner a balanced financIal statement With no eVIdence of threatenIng losses as eVIdenced by an audIted certIfied financial statement (cunent wIthIn the last Sl'\ (6) months of bId date) ThIS InformatIOn wIll be used to confirm that the Bidder has sUItable financial status to meet oblIgatIOns mCldental to pcrformmg the \vork. E T echmcal Expenence The BIdder shall demonstrate to the satisfactIOn of the O\vner that he has the technIcal expenence to properly complete thIs proJect. F Proof that the bIdder mamtams a pernlanent place of busIness 5 Conflict of Interest. City Charter states that no officer or employee of the CIty shall have a financial Interest, direct or mdlrect, In any contract wIth the CIty, nor shall be finanCIally mterested, dIrectly or mdlfectly, m the sale to the CIty of any land, or nghts or mterest In any land, matenals, supplIes or serVIces ThiS prohIbitIOn does not apply when the Interest IS represented by ownershIp of stock m a corporatIOn mvoh ed, provIded such stock ownershIp amounts to less than one percent (100) 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 Implted, of the persons or corporatIOns contractmg wIth the City shall render the contract \ Oldable by the CIty Manager or the CIty Councll The Contractor represents that no employee or officer of the CIty has an mterest m the Contractor 6 Examination of Contract Documents and Site. 6 1 Access to the site shall be from Freeport Parkway It shall be the contractors responsibIlIty before submlttmg a BId, to (a) examme the Contract Docurnents thoroughly, (b) VISIt the sIte to become famIlIar wIth local condItIons that may affect cost, progress, performance or furnlshmg of the Work, (c) conSIder federal, state and local Laws and RegulatIOns that may affect cost, progress. performance or furnlshmg of the Work, (d) study and carefully conelate BIdder's obsef\ atlOns wIth the Contract Documents, and (e) notIfy Engmeer of all conflIcts, elTors or dIscrepancies m the Contract Documents FaIlure to make these exammatlons shall III no \\ay relIeve any BIdder from the responsibIlIty of fulfillmg all of the terms of the contract, wIthout addItIOnal cost to the OWNER. 6:2 Information and data reflected m the Contract Documents wIth respect to Underground FaCilItIes at or contIguous to the sIte IS based upon InformatIOn and data furnIshed to the Owner by Owners of such underground FacIlItIes or others, and the Owner does not assume responsibIlIty for the accuracy or completeness thereof All eXlstmg structures, Improvements, and utIlItIes shall be adequately protected, at the expense of the Contractor, from damage that might othef\vlse occur due to constructIon operatIOns Where constructIOn comes m close proxImIty to eXIstIng structures or utIlIties, or If It becomes necessary to move / - .., Bidding Documents serVIces, poles, gUy \VlreS, 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 mformatlOn only and are not guaranteed hy the CIty to be complete or accurate as to locatIOn and/or depth. It shall be the Contractor's responslbllIty to venfy locatlOns and depths sufficIently m advance of constructIon such that necessary adJustments may be made to allo\\ for the proper InstallatIOn. The Contractor shall be lIable for damage to any utIlItIes resultmg from the constructIon of thIS proJect 6 3 Before submlttmg a BId, each BIdder wIll, at Bidder's own expense, make or obtaIn any addltlOnal eXamInatIOns, mvestlgatlOns, exploratIOns, tests and studIes and obtam any adlhtlOnal InfonnatlOn and data \\hlch pertam to the phYSIcal condItIOns (surface, subsurface ami underground faCilIties) at or contiguous to the sIte or otherwise \v hlch may affect cost, pmgrE'<;<; pE'rfOml<ltl('(' or fllml<;hln2' of thp Work ~nrl whu::-h B!dd'='f d,=,ems !1,=,cessary to determme ItS BId for perfom1Ing and funllshIng the Work In accordance with the tIme, pnce and other terms and condltIons of the Contract Documents () 4 On request m ad\ ance, Owner \\/111 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 ltS fonner condItIOns upon completIOn of such exp loratlOns 65 The lands upon whIch the Work IS to be performed, nghts-of-\\ay and easements for access thereto and other lands deSIgnated for use by Contractor III performmg the Work are Identified m the Contract documents 6 6 The submIssIOn of a BId wIll constItute an mcontro\ ertIble representatIOn by BIdder that Bidder has complIed with eve!) reqUIrement of thiS ArtIcle 6, that Without exceptIOn the BId IS premIsed upon performmg and fumlshmg the work reqUIred by the Contract Documents and such means, methods, techmques, sequences or procedures of constructIOn as may be IIldlcated m or reqUIred by the Contract Documents, and that the Contract Documents are suffiCIent m scope and detail to mdlcate and convey understandmg of all terms and condltJons for performance and furmshmg of the Work 7. Interpretations and addenda. 7 1 All questIons about the meamng or mtent of the Contract Documents are to be dlrected to the Purchasmg Agent InterpretatIons or clanficatlOns consIdered necessary by the Purchasmg Agent m response to such questIOns will be lssued by Addenda maIled or delIvered to all bidders recorded as havmg recelved the Blddmg Documents QuestIOns receIved less than n\ 0 days pnor to the date for openmg of BIds may not be answered. Only questIOns answered by formal wntten Addenda wIll be bmdIng. Oral and other mterpretatJons or clanficatlOns WIll be \vlthout legal effect Each BIdder shall acknowledge on the bId proposal that all Addenda Issued have been recel\ ed 7 2 Addenda may also be Issued to modIfy the Blddmg Documents as deemed adVisable by the Ovmer 1-8 Blddzng Documents 8. Contract Time. 8 I The tIme for completIOn m calendar days should be Included on the BId Form m the space provided All \York shall be complete wIthin the calendar day count reqUIred by the Contractor's Proposal The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed or,^, hen the contractor begins \\ ork, whIchever comes first. 8 :2 Pnor to the Issuance of the NotIce to Proceed by the Owner, the Contractor shall submlt a detmled Progress and Schedule chart to the Owner for approval 8 3 ExtensIOn of the contract tIme shall be based on a Change Order or wntten amendment as specIfied m Item 1 36 of the General ProvIsIOns. 9 Liquidated Damages ProVIsIons for lIqUIdated damages are set forth In the Contract. LIqUIdated damages for thiS project are Two hundred and forty dollars ($240 00) per day 10. Substitute or "Or-Equal" Items. The Contract, If a\', arded, \Y III be on the basIs of matenals and equipment descnbed m the Dra\vmgs or specified m the SpecIficatIOns Without consIderatIOn of possIble substItute or "or-equal" Items \Vhenever It IS mdlcated m the DrawIngs or specified In the SpecIficatIOns that a substitute or "or-equal" Item of matenal or eqUIpment may be furnIshed or used by Contractor If acceptable to Engmeer, appl1catlOn for such acceptance wIll not be consIdered by EngIneer until after the EffectIve Date of the Agreement No substItutIOns should be conSIdered dunng the bidding process 11 Subcontractors, Suppliers, and Others. 11 1 If the Owner requests the IdentIty of any Subcontractors, SupplIers, or other persons or organIzations to be submItted to the Owner In advance of the speCIfied date pnor to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall wlthm se\ en (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 \\hlch such IdentIficatIOn IS requested Such lIst shall be accompanIed by an expenence statement With pertment mformatlOn regardmg SImIlar proJects and other eVIdence of qual1ficatlOn 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 m whIch case the apparent Successful BIdder shall submIt an acceptable substItute BIdder's Bid pnce may be Increased (or decreased) by the dIfference In cost occasIOned by such substItutIon, and the Owner may conSIder such pnce adJustment In evaluatIng Bids and making the contract award. 1-9 Bidding Documents If the apparent Successful BIdder declmes to make any such substItutIOn, the Owner may a\\ Z1rd the contract to the next ]0\\ est BIdder that proposes to use acceptable Subcontractors, Suppl1ers, other persons and orgamzatlOns The dec1mmg to make requested substitutIOns wJlI not constitute grounds for sacnficmg the BId secunty of any BIdder II::: No Contractor shall be reqUIred to employ an) Subcontractor, SupplIer, other person or organizatIOn agamst "" ho Contractor has reasonable obJectIOn 12. Bid Proposal 12 I 1\\0 (2) completed Bid Proposals must be submItted In a sedled envelope as descnbed m Item 15 The blank spaces In the Bid Fom1 shall be filled m for each Item for whIch a q~l,U1.t]t~r IS glVen. an.d the Bldder shall state the prIce for whlch he proposes to do each ltem of \\Iork All blanks on the bId fonn must be completed m Ink or typed No substItutIOns. reVISions, or omISSIOns from the plans and/or specIficatIOns wIll be accepted unless authon7ed m wntIng by the Owner 12 2 The legal status of the BIdder, that IS, as a corporatIOn, partnershIp, or mdlvldual, must be stated on the BId Form A corporatIOn BIdder must name the state In which the orgamzatlOn IS chartered. Bids whIch are signed for a corporatIOn shall ha\ e the correct corporate name thereof, ItS post office address, and the signature of the preSIdent or other authonzed officer of the corporatIOn, manua\1y wntten belO\\ the corporate name m the follOWIng manner' "By " If the bId IS made by an mdl\ Idual, hIS post office address shall be gIven. BIds whIch are not signed by the mdlvlduals makmg them shall have attached thereto a power of attorney eVldencmg authont) to SIgn the bId In the name of the person for whom It IS sIgned. If the bId IS made by a firn1 or partnership, the name and post office address of the managmg member of the firm or partnershIp shall be gIven or the bid may be sIgned by an attorneY-In- fact If sIgned by an attorney-m-fact, there shall be attached to the bId a power of attorney eVldencmg authonty to sIgn the bId, executed by the members of the firm or partners 13. Provision Concerning Escalator Clauses. BIds contammg any condItion \\ hlch provIdes for changes m the stated bId pnces due to mcrease or decrease m the costs of matenals, labor, or other Items reqUIred for thIS proJect, may be reJected and returned to the Bidder WIthout bemg conSidered. 14. Estimates of Quantities. The quantIties lIsted m the Bid Forn1 wIll be conSIdered as approxImate and wIll be used for the companson of bIds Payments wIll be made to the Contractor only for the actual quantIties of work perforn1ed or matenals furnIshed In accordance WIth the contract. The quantIty of work to be done and the matenals may be Increased or decreased as provided for m the Contract Documents /-/IJ Biddmg Documcnt\ 15 Su bmission of Bids. BIds will be receIved by the Purchasmg Agent, and shall be submItted to the Purchasmg L\gent, City of Coppell, at the Town Center, 255 Parkw'ay Boulevard, POBox 9478, Coppell, Texas 75019 untIl 2:00 p.m., Mav 4,2006 and then publIcly opened and read aloud. T'A 0 Identical copIes of the bid enclosed In an opaque sealed envelope and marked wIth the ProJect tItle, City of Coppell Bid No. 0-0406-01 and the name and address of the BIdder shall be submitted Included \vlth the bId there should be a completed BId AffidavIt and a Proposal Guaranty per Item 1 5 of the NCTCOG's standard SpeCIficatIOns for publIc Works ConstructIOn 3rd EdItion If the BId IS sent through the mall or other delIvery system the sealed envelope shall be enclosed In a separate envelope WIth the notatIOn "BID ENCLOSED for ConstmctIOn of MacArthur Blvd. / Cribbs Dr. Drainage Proiect # DR 06- QL" on the face of It and addressed to the Purchasing Agent, City of Coppell, Texas 16. 'VIodification and Withdra'" al of Bids. 16 1 BIds may be modIfied or Withdrawn by an appropnate document duly executed (In the manner that a BId must be executed) and dehvered to the place where BIds are to be submItted at any time pnor to the openIng of BIds 16.2 If, wlthm twenty-four hours after the BIds are opened, any BIdder files a duly sIgned wntten notIce With the O\vncr and promptly thereafter demonstrates to the reasonable satisfactIOn of Owner that there \\as a matenal and substantIal mIstake In the preparatIOn of the BId, that Bluder may WIthdraw hIS bId Thereafter, that BIdder wIll be dIsqualIfied from further blddmg on the work. 17 Rejection of Bids. BIds may be rejected If they sho\\ alteratIOns of form, addItions not called for, condItIonal bids, Incomplete bIds, erasures or megulantles of any kmd. The Owner reserves the nght to waive any Irregulantles In the bIds as receIved and to reJect any and all bIds WIthout quahficatIOn(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 pnces are ObVIOusly unbalanced may be reJected. BIds submItted WIthout a Proposal Guaranty, per NCTCOG's Item 1 5 of the Standard SpeCIficatIOns for PublIc Works ConstructIOn wIll be rejected BIds submItted WIthout a Proposal Guaranty per Item 1 5 of the NCTCOG's Standard SpeCIficatIOns for Public \Norks ConstructIOn 3rd Edition 18. Bids to Remain Subject to Acceptance. All BIds WIll remain subject to acceptance for nmety (90) days after the day of the BId openmg, but the Owner may, In ItS sole dIscretIOn, release any BId pnor to that date l-Il Bidding Documents 19 "-ward of Contract. 19 I The Owner reserves the nght to reject any and all Bids, to vvalve any and all mformalItles e:\.cept for the time of submissIon of the Bid and to negotIate contract tern1S \\'Ith the 'Successful BIdder The Owner also reserves the nght to reject all nonconforn1mg, non-responsIve, unbalanced or condItIOnal BIds Also, the 0\\ ner reserves the nght to reJect the Bid of any Bidder If the Owner belJevcs that It would not be In the best mterest of the Pro] ect to make an award to that BIdder, whether because the Bid IS not responSI\ e or the Bidder IS unqualified or has doubtful financIal abilIty or fads to meet any other pertment standard or cntena established by the Owner DIscrepancIes lt1 the multIplIcatIon ofumts of \Vork and umt pnces wIll be rcsolved m favor of the umt pnces DiscrepanCIes bet\veen the mdlcated sum of any column of figures and the conect sum thereof wIll be resolved m favor of the correct sum 1 q :2 In evaluatmg BIds, the owner \\ 111 conSIder the qualIficatIOns of the Bidders, \\ hether or not the Bids comply WIth the prcscnbed requIrements, and such alternates, umt pnces, completIOn time, and other data, as may be requested m the Bid form or pnor to the NotIce of Award I C) 3 The Owner may conSIder the qualIficatIOns and expenence of any Subcontractors, Supphers, or other persons or orgamzatlons proposed for those portIOns of the Work as to whIch the IdentIty of Subcontractors, SupplIers, and other persons and orgamzatlOns must be submItted as requested by the Owncr The Owner also may conSIder the operatIng costs, mamtenance reqUlrements, perfon11ance data and guarantees of maJor Items of matenals and eqUIpment proposed for IncorporatIOn m the Work \\hen such data IS reqUIred to be submItted pnor to the NotIce of A Vv ard 19 4 The Owner may conduct such mvestlgatlOns as the owner deems necessary to assist m the evaluatIOn of any BId and to establIsh the responSIbilIty, qualIficatIOns and finanCIal stabIlIty of Bidders, proposed Subcontractors, Suppliers and other persons and orgamzatlons to perform and furnIsh the Work m accordance \Vlth the Contract Documents to the Owner's satIsfaction wlthm the prescnbed time 1 C) 5 If contract IS to be awarded, It wIll be a\\arded to the lowest and best qualIfied Bidder whose evaluatIon by the Owner mdlcates to the Owner that the award wIll be m the best Interests of the ProJect. 1 C) 6 If the contract IS to be a\\arded, the Owner wIll gIve the Successful Bidder a NotIce of Award wlthm nmety (90) days after the date of the Bid opemng 20. Execution of Agreement. Wlthm fifteen (15) days after wntten notIficatIOn of a\\ ard of the contract, the Successful Bidder shall execute and furnIsh to the O\vner three (3) ongmal SIgned contracts and a CertIficate of Insurance I-I ;; BIdding Documents 21 Affidavit of Bills Paid. Pnor to final acceptance of this proJect by the Owner, the Contractor shall execute an affidavIt that all bIlls for labor matenals, and mCldentals mcurred m the proJect constructIOn have been pald m full, and that there are no claIms pendmg 22. Bid Compliance. Bid must comply with all Federal, State, county and locallaw<, Contractor shall not hire nor \\ ork any Illegal alien 23. Notice to Proceed. Upon executIOn of the Contract, the Owner wIll Issue a wntten NotIce to Proceed to the Contractor requestmg that he proceed with the constructIOn. The Calendar Day count on the project shall commence \\ Ithm ten (10) calendar days after the date of NotIce to Proceed or \\ hen the contractor begms \\ ork, whIchever occurs first. 24 Sales Tax. The bIdder shall not mc1ude or provIde for sales tax. on tangIble personal property to be mcorporated mto 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 matenals to be mcorporated mto the proJect from charges for labor The City wIll provIde the Contractor WIth an e'\emptlOn certificate for the matenals The contractor IS expected to Issue a resale certIficate 10 heu of paYIng a sales tax at the tIme of purchase The bIdder shall show the cost of matenals to be ll1corporated mto the contract (tangible personal property) m the space prOVided on the bId form The successful bidders bId fonD wIll be used to de\ elop a separated contract and wIll determme the extent of the tax exemptIon Upon executIOn of the constructIOn contract, the successful bIdder shall proVIde a per Item breakdown of 1) matenals mcorporated mto the proJect, and 2) labor, eqUIpment, supervIsIOn and matenals not Incorporated ll1to the proJect 25. Silence of Specification The apparent silence of these specl ficatlOns as to any detail or to the apparent omIssIon from It of a detaIled descnptlOn concemIng any pomt, shall be regarded as meanIng that only the best commercIal practIces are to prevail All mterpretatlOns of these speCificatIons shall be made on the baSIS of thIs statement by Owner or theIr authonzed representatIve 26. Change Orders. No oral statement of any person shall modIfy or otherwIse change, or affect the terms, conditIOns or speCIficatIons stated In the resultmg contract All change orders to the contract wIll be made m wntmg by the Owner 1-/3 En/dzng Documents 27 Assignment. The Successful Bidder shall not sell, assIgn, transfer or convey this contract, In whole or m part, wIthout the pnor wntten consent of Ov.mer 28. Veoue. This agreement wIll be governed and construed accordIng to thc laws of the State of Texas ThIS agreement IS perforn1ablc In Dallas County, Tcxas 29. Maintenance Bond. The Contractor shall provIde a two ycar Mamtenanee Bond m the amount of 50~'o of the value of the work at the completIon of the proJect The bond must be provIded pnor to final payment by the CIty 1-14 BIdding Documents BID FORM PROJECT IDENTIFICA nON MacArthur Blvd. / Cnbbs Dr Dramge ProJect DR 06-01 In Coppell, Texas BID OF DATE (1\AME OF FIRM) THIS BID IS SUBMITTED TO CIty of Coppell (hereinafter called OWNER) c./o Purchasmg Agent 255 Parkway Boulevard POBox 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q- 0406-01 The undersIgned BIDDER proposes and agrees, If thIS BId IS accepted, to enter mto an agreement wIth OWNER m the form mcluded m the Contract Documents to perform and furnish all Work as specIfied or mdlcated m the Contract Documents for the Contract Pnce and \vlthIn the Contract TIme mdlcated m thiS BId and In accordance wIth the other terms and condItIOns of the Contract Documents. "1 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 mnety (90) days after the day of BId openmg. BIDDER will Sign and submIt the Agreement \vIth other documents reqUIred by the Blddmg ReqUIrements wIthIn fifteen (15) days after the date of O\VNER's Notice of Award. "l j In submIttmg thIS BId, BIDDER represents, as more fully set forth III the Agreement, that (a) BIDDER has examIned copIes of all the BIdding Documents and of the follOWIng Addenda (receIpt of all WhICh IS hereby acknowledged) No Date Rec'd 1-15 Bidding Documents (b) BIDDER has famllIan7ed Itself wIth the nature and extent of the Contract Documents, Work, sIte, localIty, and all local condItIons and La\vs and RegulatIOns that m any manner may affect cost, progress, perfornlance or furnIshIng of the Work (c) BIDDER has studIed carcfully all reports and drawlIlgs of subsurface conditIOns contamcd m the contract documcnts and v" hlch have been used m preparatIOn of the contract documents CONTRACTOR may rely upon the accuracy of the techmcal data cont<lmed 111 such reports, but not upon nontechlllcal data, interpretatIOns or opmlOns contamed therclIl or tor the completeness thereof for COI\TRACTOR's purposes Except as Indlcdted m the Immelhately precedmg sentence CONTRACTOR shall ha\ e full responsIbIlity \Vlth rcspect to subsurface condItIons at site (d) (e) (t) BIDDER has studied carefully all drawings of the phYSIcal condItIOns m or relatmg to eXisting surface or subsurface structures on the Site, whIch are contallled m the contract documents and \vhlCh have been utIlIzed In preparation of the contract documents CONTRACTOR may rely upon the accuracy of the techlllcal data contamed In such drawIngs, but not for the completeness thereof for CONTRACTOR's purposes Except as mdlcated In the ImmedIately precedmg sentence, CONTRACTOR shall ha\ e full responsIbIlIty WIth respect to phYSIcal conditIons In or relatmg to such structures BIDDER has obtallled and carefully studIed (or assumes responsIbility for obtall1ll1g and carefully studyIng) all such eXamll1atlOns, mvestlgatlons, exploratIOns, tests and studIes (In addition to or to supplement those referred to In (c) above) \\hICh pertam to the subsurface or phYSical condItIOns at the sIte or otherwIse may affect the cost, progress, performance or furnlshmg of the Work as BIDDER conSiders necessary for the performance or fumlshll1g of the Work at the Contract Pnce, wlthll1 the Contract TIme and m accordance With the other terms and condItIons of the Contract Documents, and no additIOnal examll1atIons, InvestIgatIOns, exploratIOns, tests reports or slmllar InfOrnlatlOn or data are or wIll be reqUIred by BIDDER for such purposes BIDDER has revIewed and checked all lIlformatlOn 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 eXamll1atlOns, ll1VestlgatlOns, exploratIOns, tests, reports or SImilar Il1fOrmatlOn or data m respect of SaId Underground FacIlIties are or wIll be reqUIred by BIDDER Il1 order to perfonn and furnIsh the Work at the Contract Pnce, WIthIn the Contract Time and m accordance WIth the other terms and condItions of the Contract Documents BIDDER has correlated the results of all such observatIOns eXamll1atlOl1S , , m\ estlgatlOns, explorations, tests, reports and studies With the terms and condItIOns of the Contract Documents. 1-16 Elildlng Documents (g) BIDDER has gIven ENGINEER \vntten notIce of all conflIcts, errors or discrepanCies that It has discovered In the Contract Documents and the wntten resolutIOn thereof h) ENGINEER IS acceptable to BIDDER. (h) ThIS bId IS genUIne and not made In the Interest of or on behalf of any undisclosed person, firm or corporatIon and IS not submItted In conformIty WIth any agreement or rules of any group, aSSOCIatIOn, organIzatIon or corporatIOn, BIDDER has not dIrectly or lI1dlrectly lI1duced or soliCIted any other Bidder to submIt a false or sham Bid, BIDDER has not solICIted or mduced any person, firm or corporatIOn to refraIn fTOm blddmg; and BIDDER has not sought by collUSIOn to obtam for Itself any advantage O\; er any other BIdder or over OWNER. (I) It IS understood and agreed that the followmg quantities of work to be done at UnIt pnces are approXImate only and are mtended pnnclpally to serve as a glllde m evaluatIng hlds u) It IS understood and agreed that the quantItIes of work to be done at UnIt pnces and matenals to be furnIshed may be mcreased or dlmll1lshed as may be conSidered necessary In the opInIOn of the O~TNER to complete the work fully as planned and contemplated, and that all quantItIes of work, whether mcreased or decreased, are to be performed at the 1I111t pnces set forth, except as prOVIded for In the Contract Documents 4 It IS understood and agreed that all \vork under thIS contract wIll be completed wlthm the bId calendar days CompletIOn date wIll be establIshed 111 the NotIce to Proceed It IS understood that tIme of completIOn wIll bee a consideratIOn m the award of the bid. 5 It IS understood and agreed that the contractor expenence m thIS type of work wIll be a strong consIderatIOn In the award of the bId. 6 It IS strongly recommended that each bidder VISIt the sIte pnor to submlttmg a bid. ConstructIOn constramts eXIst. mc\udmg traffic that could affect productIvIty 7 BIDDER wIll complete the Work for the follOWIng pnce(s) J - / ~ Biddmg Dncuments I \ ( , \ I ,i fl W,!oi~ ! 'lacArthur Bh d. / Cribbs Dr. DRAI~ \GE PROJFCT # DR 06-01 l ~IT PRICE BID SCHEDULE IlC I11 '\0 , I 1 l nit IJLU;lt It \ 1-) LS , I I f: l)" 51 I I h IU I I [" ~ln_~ ~~. I i I I , I I I , I I 1-3 ')n f ]., II l Ib~ LF I I De~cnptlon LmJ Pnce 1[1 \\ ords TrJ.ffic Contrul Cllmplete 111 Place F~ ~ 2.. ~i-~ \ u \J-~ ~l~;'-~- and __~____ ('-.0 Cents per lump sum Remo\e &. DIspose of EXlst1l1g Concrete Pav1I1g Complete 111 Place ~ Th~cty ----~ Dollars and ~ Cents per square yard Furnlsh & Install 18" Class I\ Rep Complete m Place d fI One.. tlu..n_rea ~/t7 flt-y Q\"~ Dollars and -tJ.Q Cents per lmear foot Construct 2-Grate Inlet Complete 111 Place EQLL(' Th F, Ve. and per each Fumlsh &. Install 18" Slotted Dram Complete 111 Place (LtJ (JLt,tN 0 ~()_!~ f rJ ry.=- F ( J E:__ Dollars and ____tLQ~-=_~~ Cents per Imedr fUG t , I ~ ll11' Pnce {'r--.".-.,,,nn :...;, UUL./ - 30.00 1~~'OO 4/ 500,00 ! d 5 · DO I Total I Pnce I I i I 1 ,.- ~ ~- ,,...- I :J j ,-,.."~A_' I I I I I ~/ g lO ,00 I ~ I I {oj (15000 Li 500 00 I d ~ I, 0 D6 l i I I ....,,1 BldJl/'''S DOUil1"L'IlU \lac '\.rthur Bh d. I Cribbs Dr. DR-\I:\AGE PROJECT # DR 06-01 l ,\TIT PRICE BID SC HEDVLE ~~e~-0U'I~t I t\ ,I '\J () ==;l [ I1lt i DescnptIon Jnd Pncl In \\ ords l nit PrIce Total Pn.,e 1-') l) () C;'r Construct Concrete Pa\cmcnt \\ Ith Inteural Curb ;:, Pa\ement Remu\al Jnd n _ 1 . 1'\.CfJ lclLClllClll Complete 111 Place 't: r:5' 0 0 I I J, i [,(, ::"0 II ..... I ~ "'"- - --~-~ J ~~- ~l q,l L '-7 F, V Q D,)Ilars and ~__._NQ_ Cents per square) ards ~ TOT ~L BID ITEIVIS 1-] thru 1-6 $ Lt11iO' DO I T.~'\iGIBI"E PERSON ~L PROPERT\ COST 60 $ ;)~ <0{SO ,. ! J 'J Eli/ding Do, !(Inf'n!1 BID ~ l'\l\I\R \ TOT \L PRIl L C "'..LEND.t\R DArS 11)1\] BIDIIErvlSB-\q:HlD I -] t hru 1- () 00 s Lf 1/t J-O , - '1~- h \\ I.rlis FOI0TY SEUlN TI!r:;llSl}rJO EIGHT t!llND{}E) __ ,_ 1 . ~ )t-,/ _ ~ / f,AJ6N ry It Iff) //rCJ'D /J~LL/1.t(5 (I BIDDER agrees that all Work <.l\\arded \\111 be completed \x"Ithm t-fb Calendar Days (ontract tlme \x" III commence tl) run as provIded In the Contract Documents CommUnlCatlOl1S concemmg this BId shall be addressed to the address of BroDER mdlcated on the applicable signature page i\ BIDDER understands that the Owner IS exempt from State Limited Sales and l se Tax on tangible personal property to he 1I1corporated Into the proJect Said taxes are not mcluded In the Contract Pnce (see IJ1structlOns to BIdders) li The tenus used 111 thiS BId \\ hlch are defined m the General CondltlOns of the ConstructIon Contract mcluded as part of the Contract Documents have the meanings assIgned to them m the General CondItIons The eny of Coppell resenes the nght to delete any portIon of thIS proJect as It may deem necessary to ::,t.1\ \x"lthm the Clty'S a\ all.1ble funds Should the \It) elect to delete an) portIon, the contract quantIties \\Ill be adjusted accordmgly Sl'B\IITTED O~ 5 - L( -00 Signature I~'f/U'L- PROPOSAL Gl'AR.\I\T\ ~ Proposal Guarant) shall be provided In accordance \\ith Item 1 5 of the NCTCOG's Standard Specifications for Public \\ orks Construction , -:2 II Bidding ulJCw>'IC>1IS BID AFFlD-\ VlT The undersIgned certltles that the bid pnces contamed In thIS bid ha\ e been carefully reI" le\\ed and are submitted as correct and final Bidder further certifies and agrees to fumlsh any and'or all commodItIes upon \\ hlCh pnces are extended at the pnce offered and upon the condItions contaIned m the SpecIficatIons of the [m Itatlon to BId The pcnod of acceptance of thiS bid \\ 111 be mnety (90) calendar days from the date of the bid opemng STATE OF I e-Xa.s, COL''\TY OF T 0-.-'( rGlVl.-t BEFORE ME, the undersIgned authont\, a 1\otaf) Puhllc m and for the State ofTI-xa.s, on thiS day personally appeared _-1'\'<\0)( ~~___ \\ he.) after bemg b) me duly S\\ om, dId depose and say " ., ctlllC "[ _JsnQX Koss '\Jame am a dull authonzed office agent for ~J A W \ 14)(), I(l(l./, I '\'ame of Fmn and ha\ e been duly authonzed to execute the foregOIng on behalf of the saId _~d. A. \AL \ Son :fn c.., 0Jame ofFIITn I I hereb) certIfy that the foregomg bId has not been prepared m collusion \\ Ith any other Bidder or mdl \ Iduall S) engaged m the same lme of busmess pnor to the official opemng of thIS bid Further, I certIfy that the BIdder IS not no\\, nor has been for the past SIX (6) months, directly or Indirectly concerned m any pool agreement or combmatIon thercot~ to control the pnce of sef\ Ices commodities bId on or to mf1uence an) mdt\ Idual(s) to bId or not to bId thereon" '\ameand~ddressofBldder ;25dG7J!.LPoffO(\J ST. Fort- Wn~ / I --~-TX 70 (to Telephone (~(7) cr:l3 - & ltJOb) Lnn>c 12QS S Title Secre\Q.rv __Signature) ~r; VI--\.. I Sl 'BSCRIBED A\.'D S\\ OR\: to before me by the aho\ e named _kflOX ~SS on tlm the ~ "*=~ day of -----fV\ay . 2006 _ _ _ - - - Notary Puhllc In and for the State of -.TeXQ s. ~LJ). 1oA~ , 'I 1 _ J ~ ~'" ~\, ),:; J BEvERLy D FARREN No'or', Public S'<:J'e 0' Tex:Js I\i1v CommiSSion E 'es .. September 21 20C6 , Bl(fd,ng Documents If BroDER IS An lndi,idual (Seal) B\ (lndl\ Idual's "\lame) ckllng bUSIness as Business address Phone '\0 .\ Partnership B\ I Scali (hrm Name) (General Partner) Business address Phone No .\ CorporatIOn B\_-LJ A. ML-lson{ Inc., (CorporatIon ~ame) ----J as -- ex 1/ ~State of lncorporatlOn) D nox -1SQSS ('\Jame ~ person authonzed to Sign) See rerax--v---LTl'e a.su-('€ r evitle) (Corporate Seal) ?\..... I, / /'1 . _ "",ttest / 2!:J.~---LJ,I~ Business address d~~e~etaW~a-ffO IJ S-rF ft. W or-th, ]A ~lLO f1hone No <3l7 - '113 -0 L100.. By .\ Joint \ enture B\ ('\ ame) ( -\ddress) B\ ('\'ame) ( ,\ddress) (Ed h 1"1n! \entUre must <;1~'11 The marmer <.'f slgnmg for each mdl\ lduaL partner,hJf' and corporatlOn that 1, a par1ner to the 1'1ml \enturc shuuld be III the manner indicated aho\c I / -~: Bidding Doczl''1i!I){\ PREVAILING 'VAGE RATES c\ Ir roo I Operator \sphalt Raker \sph<llt '\hO\ eler \sphalt Distributor Operator <\sphalt Pavmg \lachme BalLhmg Plant VI' elgher Broom nr 'Sweeper Operator BulldoLcr ( arpenter ( oncrete hlllsher-Pa\ IIlg ( oncrete FIllIsher- Stmctures ( oncrete PavlIlg Curblllg Machme ( oncrete PavlIlg Fmlshmg Machmc ( oncrete Pa\ lIlg Jomt Sealer ( oncrete PavlIlg "aw Opera lor ( oncrete Pavmg Spreader ( oncrete Rubber (rane Clamshell, Backhoe, Derrick, Draglme Shovel Operator Flectnual Flagger Form BUllder-~tructures Form Lmer-Pavmg and Curb Foundation Dnll Operator, Craw ler Mount hlflTI 'Setter -" tructures Foundation Dnll Operator Tmck Mounted Front End Loader Laborer-Common Laborer-l tlllt)' Mcchamc 1006 11 01 880 13 99 1278 Mlllmg Machme Operator Fme Grade Mixer Operator T\lotor Grader Operator Fme Grade Motor Grade Operator Rough Oller Oller 14 15 988 1322 Pamter-Stmctures Pa\ ement Markmg Machmc Plfle [ ayer 1280 1285 1,27 1200 13 63 1250 L3 56 1450 18 12 Rcmforung Steel Setter Pavmg Remforcmg 'Stee] Setter Structures Roller, Steel Wheel Plant-MIX Pavements Roller, Steel \Vheel Other Flat\vheel or Tampmg Roller, PneumatlL ~elf-Propelled Scraper Servlcer Shp Form Machme Operator Spreader Box Operator 14 12 18 12 843 11 63 11 83 1367 11 63 1630 1262 Tractor-Cra\vler Type Tractor-Pneumallc Travelmg Mixer Tmck Dnver Lowboy/Float Tmck Dnver-SlIlgle Axle Heavy Truck Dnver-SlIlgle Axle Light Truck Dnver -Tandem Axle Semi Trader Truck Dnver-Translt \1IX 9 18 1065 \\ agon-Dnll, Bonng Machme Post Hole Dnller \\ ork Zone Barricade \\ elder 1697 J-;;3 11 83 11 58 1520 ]450 1498 13 17 1004 11 ()4 1486 1629 11 28 10 l)2 ]] 07 1142 1232 12 33 1092 126U 1291 1203 1493 1147 1091 11 75 1208 1400 1009 1357 BiddIng Documents SECTION 2 CONTRACT DOCUMENTS THE CITY OF COPPELL ^ ~ -v rj is ST ANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT IS dated as of the -tit , ~ day of \V\o.~ a mUnIcipal corporatlOn m the year 2006 by and between the CITY OF COPPELL, TEXA.S, (herem after called OWNER) and Ed A. Wilson, Inc. (heremafter called CONTRACTOR) OWNER and CONTRACTOR, In consideratIon of the mutual covenants hereInafter set forth, agree as follows Article 1. WORK. CONTRA.CTOR shall complete all Work as specIfied or IndIcated m the Contract Documents The Work IS generally descnbed as follows ThIS proJect IS Intended to collect nUIsance stormwater that ponds at the IntersectIon of MacArthur Blvd. and Cnbbs Dr The work shall consIst of the InstallatIon of apprmumately 168 lInear feet of 18" slotted draIn, one 2-grate Inlet, and approxImately 50 lInear feet of 18" RCP along MacArthur Blvd, between Samuel Blvd and Cribbs Dr Work shall Include all components necessary for the "turn key" constructIOn of the dramage proJect as shown m the plans for DR 06-01 The ProJect for whIch the Work under the Contract Documents may be the \V hole or only a part IS generally described as follows MacArthur Blvd. / Cribbs Dr. Drainage Project # DR 06-01 Article 2. ENGINEER. The ProJect has been deSIgned by the City of Coppell Engineering Department. Contract admInIstratIOn wIll be proVIded by the CIty of Coppell Engmeenng Department who IS heremafter called ENGINEER and who IS to act as OWNER's representatIve, assume all dutIes and responsIbIlItIes and have the nghts and authonty assIgned to ENGINEER m the Contract Documents In connectIOn WIth completIon of the Work m accordance WIth the Contract Documents 2-2 Contract Documents Article 3. CONTRACT TIME. 3 1 The Work will be completed wlthm 45 calendar days from the date when the Contract tIme commences to run as provIded m Item 1 13 of the General ProvIsIons, and completed and ready for final payment m accordance wIth Item 1 51 of the General ProvIsions. 3 2 LIqUIdated Damages OWNER and CO.!'JTRACTOR recogmze 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 m paragraph 3 1 above, plus any extensIOns thereof :l!1o'.\'ed m accordance \vlth ItClil 1 JG (If tlle GeJleI dl Prov ISlons. 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 requmng any such proof, OWNER and CONTRACTOR agree that as lIqUIdated damages for dally (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty and no/l00 dollars ($240.00) for each day that expires after the tIme specIfied In paragraph 3 1 for CompletIOn untIl the Work IS complete Article 4. CONTRACT PRICE. 4 1 OWNER shall pay CONTRACTOR for completIOn of the Work In accordance WIth the Contract Documents m current funds subJect to addItIons and deductIons by Change Orders as provIded In the contract documents In accordance WIth the umt pnces hsted In SectIOn 1 - Proposal and BId Schedule The contract sum shall be the amount of $ 47,820 The total tangIble personal property cost Included In the contract sum IS $ 25.000 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submIt ApplIcatIons for Payment In accordance WIth Item 1 51 of the General ProVIsIOns. ApplIcatIOns for Payment wIll be processed by ENGINEER as provIded m the General ProvIsIons. 5 1 Progress Payments. OWNER shall make progress payments on account of the Contract Pnce on the baSIS of CONTRACTOR's ApplIcatIOns for Payment as recommended by ENGINEER, each month dunng constructIOn as provIded below All progress payments will be on the baSIS of the progress of the Work measured by the schedule of values estabhshed In Item 1 51 of the General ProvIsIons (and In the case ofUmt Pnce Work based on the number of umts completed) or, In the event there IS no schedule of values, as provided In the General ProvIsIOns 2-3 Contract Documents .. 5 1 1 Pnor to CompletIOn, progress payments will be made m an amount equal to the percentage IndIcated m Item I 51 2 of the General ProvIsIons, but, m each case, less the aggregate of payments prevIOusly made and less such amounts as ENGINEER shall determme, or OWNER may wIthhold, m accordance wIth Item 1 52 of the General PrOVISIOns. 52 fmal Payment. Upon final completIOn and acceptance of the Work m accordance wIth Item 1 51 4 of the General ProvIsIOns, OWNER shall pay the remamder of the Contract Pnce as recommended by ENGINEER as provIded m saId Item 1 51 4 A rtklp tl INTEREST No Interest shall ever be due on late payments Article 7. CONTRACTOR'S REPRESENTATIONS. In order to mduce OWNER to enter mto thIS Agreement CONTRACTOR makes the follOWIng representatIOns 7 1 CONTRACTOR has studIed carefully all reports of exploratIOns and tests of subsurface condItIOns and drawIngs of physIcal condItIons whIch are IdentIfied In the Supplementary CondItIons as proVIded In Item 1 3 of the General ProvISIOns, and accepts the determInatIon set forth In Item SC-1.20 of the Supplementary CondItIons of the extent of the technIcal data contaIned m 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 exammatlOns, m\ estIgatlOns, exploratIOns, tests, reports, and studIes (m addItIon to or to supplement those referred to In paragraph 7 1 above) whIch pertaIn to the subsurface or physIcal condItIons at or contIguous to the sIte or otherwIse may affect the cost, progress, performance, or furnIshIng of the Work as CONTRACTOR conSIders necessary for the performance or furnIshIng of the Work at the Contract Pnce, wIthIn the Contract TIme and In accordance wIth the other terms and condItIOns of the Contract Documents, mcludmg speCIfically the proVISIOns of Item 1 3 of the General ProVISIons, and no addItIOnal exammatIons, InvestIgatIOns, exploratIons, tests, reports, studIes, or SImilar mformatIon or data are or WIll be reqUIred by CONTRACTOR for such purposes 2-4 Contract Documents 7 3 CONTRACTOR has revIewed and checked all InformatIOn and data shown or mdlcated on the Contract Documents wIth respect to eXlstmg Underground FacIlItIes at or contIguous to the sIte and assumes responsibilIty for the accurate locatIOn of saId Underground FaCIlItIes No addItIonal exammatlOns, InvestIgatIOns, exploratIOns, tests, reports, studIes, or sImIlar mformatlOn or data m respect of saId Underground FaCIlItIes are or wIll be reqUIred by CONTRACTOR m order to perfornl and furnIsh the Work at the Contract Pnce, wlthm the Contract tIme and m accordance WIth the other temlS and condItIOns of the Contract Documents, Includmg speCIfically the provIsIons of Items 1 3, 1 20 and 1.21 of the General ProvIsIons 74 CONTRACTOR has correlated the results of all such observatIOns, eXamInatIOns, 111'-'P"tlg('t10!1S ~,=p!0rat!0!1S, te~ts, report~, 3nd ~tudlC:; \vith the terms and c0ndltiui1~ uf the Contract Documents 7 5 CONTRACTOR has given ENGINEER wntten notIce of all conflIcts, errors or dIscrepanCIes that he has dIscovered In the Contract Documents and the wntten resolutIOn thereof by ENGINEER IS acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents whIch compnse the entIre agreement between OWNER and CONTRACTOR concernIng the Work consIst of the followmg 8 1 ThIs Agreement (pages 2-2 thru 2-7, mcluslve) 82 CertIficate of Insurance and Bonds (pages 2-8 thru 2-15, InclusIve) 8.3 NotIce of Award. 8 4 Part 1 General ProVISIons of the Standard SpeCIficatIons for PublIc Works ConstructIOn, NCTCOG. thIrd editIon 85 Supplementary ConditIons to the NCTCOG, Part 1 General PrOVIsIOns (pages 3-2 thru 3-10, InclusIve) 8 6 SpeCIficatIOns beanng the tItle "ConstructIOn SpeCIficatIons and Contract Documents for the "MacArthur Blvd. / Cnbbs Dr DraInage Project # DR 06-01 for the CIty ofCoppell" 8 7 DraWIng entitled DR 06-01 2-5 Contract Documents 8 8 The followmg lIsted and numbered addenda. 8 9 CONTRACTOR's BId Proposal and BId Schedule of SectIOn 1 - BIddIng Documents. 8 10 DocumentatIon submItted by CONTRACTOR pnor to NotIce of Award. 8 11 The folloWIng whIch may be delIvered or Issued after the EffectIve Date of the Agreement and are not attached hereto All Wntten Amendments and other documents amendIng, modIfYIng, or supplementmg the Contract Documents pursuant to Items 1 37 and 1 38 of the General ProvIsions. 8 12 The documents lIsted m paragraphs 8.2 et seq above are attached to thIS Agreement (except as expressly noted otherwIse above) The Contract Documents may only be amended, modIfied, or supplemented as provIded In Items 1 37 and 1 38 of the General ProvIsIOns Article 9. MISCELLANEOUS. 9 1 Terms used In thIS Agreement whIch are defined In Item 1 0 of the General ProvIsIons wIll have the meanIngs IndIcated In the General ProvIsIOns 9 2 No assIgnment by a party hereto of any nghts under or Interests In the Contract Documents wIll be bIndIng on another party hereto wIthout the wntten 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 restnctlOn may be lImIted by law), and unless specIfically stated to the contrary In any wntten consent to an assIgnment no assIgnment wIll release or dIscharge the assIgnor from any duty or responsibIlIty under the Contract Documents. 9 3 OWNER and CONTRACTOR each bInds Itself, ItS partners, successors, assIgns and legal representatives to the other party hereto, ItS partners, successors, assIgns and legal representatIves In respect of all covenants, agreements and oblIgatIOns contaIned In the Contract Documents 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have sIgned thIs Agreement m tnplIcate 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 ~~ \:1. \ ~ ,2006 O\VNER CIty ofCoppell 255 Parkw8Y Rn111pv;ml Coppell, TX 75019 CONTRACTOR. Ed A WIIson,Inc 2526 \V Pafford St. Fort Worth, TX 76110 BY i /; ~ V" BY / ~~!/)v--- TITLE / .)-' TITLE Secretary , F.,F' ./ ATTEST ATTEST ~ALr f~ Address for glvmg notices Address for glvmg notIces POBox 9478 Coppell, Texas 75019 Attn Ken Gnffin, P E Dlr ofEngmeennglPublIc Works 2526 ~ Pafford St. Fort Worth, TX 76110 (If OWNER IS a publIc body, attach eVIdence of authonty to Sign and resolutIOn or other documents authonzmg executIOn of Agreement.) (If CONTRACTOR IS a corporatIOn, attach eVidence of authonty to SIgn.) 2-7 Contract Documents Local 8171923-6400 Fax' 817/923-6242 E-mail offlce@edawilson.com Webslte edawllson com ro~Wl~~~D 2526 W Pafford St Fort Worth Texas 76110 Civil Division Billing Address PO Box 11423 Fort Worth TX 76110-0423 CORPORATE RESOLUTION As the President of Ed A. Wilson, Inc., I attest that Knox Ross is the Secretary of the firm and is hereby authonzed to execute all bidding and contract documents for Ed A. Wilson, Inc. NAME OF ORGANIZATION By. DATE' June 6. 2000 Mr Ed A. Wilson, being dully sworn deposes and says the information provided herein is true. 00 Subscribed and sworn before me this 6 Notary Public. My Commission Expires' Julv 29, 2003 Contractor of the Year 2002 American Public Works Association / North Central Texas Chapter Certificate of Insurance A.fter award of contract, Contractor wIll provlde Owner wIth CertIficate of Insurance whIch will be executed and hound here wIth final documents 2-8 Contract Docum~nts General Instructions For Bonds ,\ The surety on each bond must be a rcsponslble surety company whIch IS qualIfied to do buslncss m Texas and satisfactory to the Ov.mer B Thc name, and reSIdence of each mdl\ Idual party to the bond shall be mserted m the body thereof. and each such party shall Sib'll the bond \vlth hIS usual signature on the lme opposite the scroll seal, and If slb'11cd m Mame, Massachusetts or Ne\\ Hampshire, an adheslvc seal shall he affi"ed OppOSItC the sIgnature l' If the pnnclpals are partners, theIr ll1dlvldual names WIll appear m the body of the bond, ,\, !th the fee!t:!! th.1t they :lre p'"~rtr1ers C'8rnpo~ln; ~ firm, naiJling It, and all tIle i11e.irdJcfs u[ the firm shall execute the bond as mdlVlduals o Thc sIgnature of a wItness shall appear m the appropnate place, attestmg the sIgnature of each mdlVldual party to the bond, E If the pnnclpal or surcty IS a corporatIOn, the name of the State m which Incorporated shall be ll1serted m the appropnate place m the body of the bond, and saId mstrument shall be executed and attested under the corporate seal, the fact shall be stated, 111 whIch case a scroll or adheSive seal shall appcar followmg the corporatc name F The offiCIal character and authonty of the person or persons executmg the bond for the pnnclpal, If a corporatIOn shall be certIfied by the secretary or assIstant secretary accordmg to the form attached hereto In heu of such certificate, records of the corporatIOn as wIll sho\\ the offiCIal character and authonty of the officer slgmng, duly certIfied by the secretary or assIstant secretary, under the corporate scal, to be true copIes G The date of thIS bond must not be pnor to the date of the contract 111 connectIOn WIth whIch It IS gl\ en. 2-9 Contract Documents Bond #0110327 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Ed A. Wilson, Inc. \\< hose address IS PO Box 11423, Fort Worth, TX 76110 heremafter called Pnnclpal, and Carolina Casualty Insurance Company , a corporation organIzed and eXlstmg under the laws of the State of Florida , 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 eXlstmg under the laws of the State of Texas, heremafter called "BeneficIary", m the penal sum of FORTI SEVEN THOUSAND EIGHT HUNDRED Th1ENIY AND 00/100------ DOLLARS ~ -- -.- .---- ($ 47, 820.00 ) 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, vye bmd ourselves, our heIrs, executors, admInIstrators and successors JOIntly and severally, firmly by these presents. ThIS Bond shall automatIcally be Increased by the amount of any Change Order or Supplemental Agreement whIch mcreases the Contract pnce, but m no event shall a Change Order or Supplemental Agreement WhICh reduces the Contract pnce decrease the penal sum of thIs Bond. THE OBLIGATION TO PAY SAME IS condItIoned as follows Whereas, the PnncIpal entered mto a certaIn Contract wIth the CIty of Coppell, the BeneficIary, dated the of , A.D 2006, whIch IS made a part hereof by reference, for the constructIOn of certaIn publIc Improvements that are generally described as follows Construction of the: MacArthur Blvd. / Cribbs Dr. Drainage Project No. DR 06-01 Bid No. Q-0406-01 NOW, THEREFORE, If the PnncIpal shall well, truly and faIthfully perform and fulfill all of the undertakmgs, covenants, terms, condItIOns and agreements of saId Contract In accordance With the plans, speCIficatIOns and Contract documents dunng the ongmal term thereof and any extensIOn thereof WhICh may be granted by the BeneficIary, WIth or WIthout notIce to the Surety, and dunng 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 authonzed modIficatIOns of saId Contract that may hereafter be made, notIce of whIch modIficatIOns to the Surety bemg hereby waIved, and, If the PnncIpal shall repaIr and/or replace all defects due to faulty matenals and workmanshIp that appear WIthIn a penod of one (1) year from the date of final completIOn and final acceptance of the Work by Owner; and, If the Pnnclpal shall fully IndemnIfy and save harmless the BenefiCIary from all costs and damages whIch BenefiCIary may suffer by reason of fmlure to so perform herem and shall fully reimburse and repay BenefiCIary all outlay and expense WhICh the BenefiCIary may mcur m makmg good any default or defiCIency, then thIS oblIgatIOn shall be VOId, otherwIse, It shall remam In full force and effect. 2-10 Contract Documents PROVIDED FURTHER, that If any legal actIOn be filed on thIs Bond, exclusIve Venue shall he ITI Dallas County, Texas AND PROVIDED FURTHER, that the saId Surety, for value receIved, hereby stlpulates and agrees that no change, extensIon oftIrne, alteratIOn or addItIon to the terms of the Contract or to the Work to be performed thereunder or the speCIficatIOns accompanymg the same shall m anyway affect ItS oblIgatIOn on thIs Bond, and It does hereby Waive notIce of any such change, extensIon of tune, alteratIon or addItion to the tern1S 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. TIIC UlIJCl::>lbllCJ dUJ JC::>lblldlcJ dbClIl I::> l1cH:by JC::>lblldku by the SurelY herem a~ lhe ReSIdent Agent m Dallas County or Denton County to whom any requIsIte notIces may be delIvered and on whom servIce of process may be had m matters ansmg out of such suretyshIp, as proVided by ArtIcle 7 19-1 of the Insurance Code, Vernon's Annotated CIvIl Statutes of the State of Texas IN WITNESS WHEREOF, thIS mstrument IS executed In 3 copIes, each one ofvvhlch shall be deemed an ongmal, thIS the day of ,2006 PRINCIPAL SURETY Ed A. Wilson, Inc. )~ Carolina Casualty Insurance Company By TItle Secretary By Title , /,.{ jt.c,; ( " L Attornpy-in-Fact ATTEST: ~ r{)J!N~_ ReSIdent Agent of the Surety ill Dallas or Denton County, Texas, for delivery of notIce and servIce of the process ]S ATTEST: CO~.t' ~~>- NAME Moni tor Surety Managers, Inc. ADDRESS PO Box 152180, Irving, TX 75015 ,VOTE Date of Pcrjormance Bond must be date of Contract. If Resident 4gent is not c01poration, gIve persoll 's name 2-// Contract Documents Bond #0110327 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS Kt~OW ALL MEN BY THESE PRESENTS: That Ed A. Wilson, Inc. whose address IS "PO Rox 1147'1, Fort Worth, TX 76110 hereinafter called Pnnclpal, and Carolina Casualty Insurance Company corporatIon organIzed and eXIstIng under the laws of the State of Florida ,a , and fully Itcensed to transact busIness m the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a mumclpal corporatIOn organIzed and eXIstIng under the laws of the State of Texas, heremafter called "BeneficIary", In the penal sum of FORTI SEVEN THOUSAND EIGHT HUNDRED TWENTY AND NO/l00----- DOLLARS (S 47 R)O no ) m lawful money of the Umted States, to be paId In Dallas County, , Texas, for the payment of WhICh sum well and truly to be made, we bInd ourselves, our heirs, executors, admInIstrators and successors JOIntly and severally, firmly by these presents. ThIs Bond shall automatIcally be mcreased by the amount of any Change Order or Supplernental Agreement which mcreases the Contract pnce, but In no event shall a Change Order or Supplemental Agreement 'Nhlch reduces the Contract pnce decrease the penal sum of thIs Bond THE OBLIGATION TO PAY SAME IS condItIoned as follows \Vhereas, the PnncIpal entered Into a certam Contract wIth the CIty of Coppell, dated the of , 2006, whIch IS made a part hereof by reference, for the constructIon of certaIn publIc Improvements that are generally descnbed as follows Construction of the: MacArthur Blvd. / Cribbs Dr. Drainage Project No. DR 06-01 Bid No. Q-0406-01 NO\V, THEREFORE, If the Pnnclpal shall well, truly and faithfully perform ItS dutIes and make prompt payment to all persons, firms, subcontractors, corporatIOns and claimants supplYIng labor and/or matenal In the prosecutIOn of the Work provIded for In SaId Contract and any and all duly authonzed 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 sha1l remam In full force and effect. PROVIDED FURTHER, that If any legal actIOn be filed on thIS Bond, exclUSIve Venue shall he In Dallas County, Texas. 2-12 Contract Documents 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 , accompanymg 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 to be perfonned thereunder ThiS Bond IS gIven pursuant to the provIsIons of ArtIcle 5160 of Vernon's Annotated CIvIl Statutes, and any other applIcable statutes ofthe State of Texas The undersIgned and desIgnated agent IS hereby desIgnated by the Surety hereIn as the ReSIdent Agent m Dallas County or Denton County to whom any reqUIsIte notIces may be delIvered and on whom servIce of process may be had In matters ansIng out of such suretyshIp. as provIded by ArtIcle 7 19-1 of the msurance Code, Vernon's Annotated CIvIl Statutes of the State of Texas IN WITNESS WHEREOF, thIS Instrument IS executed m one of whIch shall be deemed an ongmal, thIS the day of 3 copIes, each ,2006 PRINCIPAL SURETY ::Ao Wi~ -do x ass Carolina Casualty Insurance Company By' , , 11 ~'i. <! c-' _ tL-~ -ij TItle Secretary TItle At torney-in-Fac t ATTEST: ATTEST: ~~r~ The ReSIdent Agent of the Surety m Dallas or Denton Coun , Texas, for delIvery of notIce and servIce of the process IS NAME Monitor Surety Managers, Inc. ADDRESS PO Box 152180, Irving, TX 75015 NOTE Date of Performance Bond must be date of Contract. If Resident Agent is not a cOIporation, give a person's name 2-/3 Contract Documents Bond #0110327 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Ed A. Wilson, Inc. as Pnnclpal, , a corporatIOn organIzed under and Carolina Casualty Insurance Company the la\Vs of Florida ' as suretIes, do hereby expressly acknowledge themselves to be held and bound to pay unto the Ci ty of Coppel] a MUnIcIpal CorporatIOn, Texas, the sum of FORlY SEVEN TIIOUSAND EIGHI' HUNDRED Th'ENIY AND NO/l00---------- Dollars and Cents ($ 47 820 00 ) , for the payment of whIch sum , wIll and truly be made unto saId Ci ty of College Station , and ItS successors, saId pnnclpal and suretIes do hereby bmd themselves, theIr assIgns and successors Jomtly and severally THIS oblIgatIOn IS condItIOned, however, that whereas, the said Ed A. Wilson, Inc. has thIS day entered mto a wntten contract WIth the saId C'.i ty of Coppell to buIld and construct Construction of the: MacArthur Blvd. /Cribbs Dr. Drainage Proj€ct No. D~ 06-01, Bid No,. Q-O~Oh-01 plans and specIficatIOns thereIn mentIOned, adopted by the WhICh contract and the Ci ty of Coppell are hereby expressly made a part thereof as through the same were wntten and embodIed hereIn. WHEREAS, under the plans, specIficatIOns, and contract, It IS proVIded that the Contractor wIll mamtam and keep m good repaIr, the work herem contracted to be done and performed, for a penod 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 m part of saId Improvements that should be occasIOned by settlement of foundatIOn, defectIve workmanshIp or matenals furnIshed m the constructIOn or any part thereof or any ofthe accessones thereto constructed by the Contractor It bemg understood that the purpose of thIS sectIOn IS to cover all defectIve condItIons ansmg by reason of defectIve matenal and charge the same agaInst the saId Contractor, and suretIes on thIS oblIgatIOn, and the saId Contractor and suretIes hereon shall be subJect to the lIqUIdatIOn damages mentIOned In SaId contract for each day's faIlure on ItS' part to comply WIth the terms of SaId proVIsIOns of SaId contract. Now, therefore, If the SaId Contractor shall keep and perform ItS' SaId agreement to 2-14 Contract Documents maIntaIn saId work and keep the same In repaIr for the saId maIntenance penod 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 m the performance of Its' contract to so maIntaIn and repaIr saId work, then these presents shall have full force and effect, and saId Ci ty of Coppell shall have and receIve from the saId Contractor and ItS' pnnClpal and sureties damages In the premIses, as provIded, and It IS further agreed that thIS oblIgatIOn shall be a contmumg one agaInst the pnnClpal and suretIes, hereon, and that successIve recovenes may be and had hereon for SLcceSSlve 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 penod, and the same shall not be changed, dummshed or In any manner affected from any cause dunng saId tIme IN WITNESS WHEREOF, the saId Ed A. Wilson, Inc. has c?t!sed these presents to be executed by and the saId C.::lrol inR C.R~l1R] ty Tn~l1rRnce. Company be executed by ItS Attorney In fact and the saId Attorney In fact has caused these presents to Staci Gross has hereunto set hIs hand, the day of ,2006 PRINCIPAL SURETY F.ci A. Wi 1 ~on, Tnc. Carolina Casualty Insurance Company / ~ Knox Ross TItle Secretary By" By' < - jf L U ( " ~J Li L) TItle At tnrnpy-in-F<'lC" t WITNESS: ~~ raMhrt ATTEST: ,---- NOTE Date of Maintenance Bond must not be pnor to date of Contract 2-J 5 Contract Documents POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No 381 KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: Donal Boley, Steve Deal or Staci Gross of Boley-Featherston-Huffman & Deal Co dba Boley-Featherston Insurance of Wichita Falls, TX its true and lawful Agent and Attorney-in-Fact, With the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds and undertakings providing that no single obligation shall exceed Ten Million and 00/100 Dollars ($10,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney IS granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOL VED' "That the followmg Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authonzed to execute on behalf of Carolma Casualty Insurance Company, Powers of Attorney authonzmg and qualIfying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the Said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto" RESOLVED FURTHER, thiS Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except In the manner and to the extent therem stated, RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certificatIOn thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3rd day of Maroh , 2005 ::"~~ Betty C u erland Vice President and Secretary WARNING THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) 55 COUNTY OF DUVAL) On this 3J::d..... day of MFlrcch , 2005, before me personally came Betty C. Sutherland to me known, who, being by me duly sworn, did depose and saY' that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and that:m.tshe knows the seal of said Corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation and tha~she signed hislher name thereto by like order IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written, "",,,.~ Sharon P Francis <;~ fJ '~ t~ ~ My Commission DD156722 Notary Public, State of Florida at Large "~"" Expires November 23 2006 CERTIFICATE I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and the seal of the Company, this day of IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT Yf)lJ may contact the Texas Department of Insurance to obtain Information on companies, coverage's, Ilgilts or complaInts at 1-800-252-3439 You may write the Texas Department of Insurance: PO BOX 149104 Austin, Texa178714-9104 Fax (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning you premIum or about a claim. you should contact the company first. If the dispute Is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice Is for informatIon only and does not become a part or condition of the attached document. CSR DJ I DATE (MM/DD/YYYY) WILSE-1 05/19/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlm ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lN5RllffiU't ~-- ---~ - ----- TPOLlCY EFFECTIVE POLICY EXPIRATION LiidN-S-R[ TYPE OF INSURANCE POLICY NUMBER I 'DATE tMMIDDIY'il' DATE'rMMID~IYY\ AI ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Boley Featherston Insurance P. 0 Box 97513 wichita Falls TX 76307-7513 Phone 940-723-7111 Fax:940-322-9549 I INSURERS AFFORDING COVERAGE INSURED jNSURE~_~___ Tra_~!lers Lloyds ~. Insurance Co _._ : INSURER B: Travelers Property Casualty Co Ed A. Wilson Inc. P. 0 Box 11423 Fort Worth TX 76110-0423 INSURER C American_Guarantee ~ Liability Texas Mutual Ins Co INSURER D' INSURER E COVERAGES GENERAL LIABILITY EACH OCCURRENCE ~~~~;S~~ (E~ca~~~r~nce) MED EXP (Anyone pelsan) X COMMERCIAL GENERAL LIABILITY -r - CLAIMS MADE I~ OCCUR !- C05460B518TLC 05/10/06 05/10/07 j J_~ PERSONAL & ADV INJURY GENERAL AGGREGATE ~, PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT BA4738C217TIL 05/10/06 05/10/07 (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accidenl) PROPERTY DAMAGE (Per accident) AUTO ONLY EA ACCIDENT i OTHER THAN EA ACC AUTO ONLY AGG EACH OCCURRENCE AUC534647901 05/10/06 05/10/07 AGGREGATE e-- , GEN'L AGGREGATE LIMIT APPLIES PER ! ----, PRO- n I POLIO X i JECT LOC AUTOMOBILE LIABILITY t~ :~'::~:~ :~;: Lj HIRED AUTOS I -J NON-OWNED AUTOS I --1-- ---- B GARAGE LIABILITY i ANY AUTO i I C EXCESS/UMBRELLA LIABILITY }{I OCCUR I"] CLAIMS MADE I DEDUCTIBLE ~ X I RETENTION $ 0 NAIC# 41262 -- -- i 26247__ LIMITS $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 ~- $ $ $ $10,000,000 $10,000,000 $ $ $ -- D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 12/28/05 12/28/06 X ITO'k/U~I'T't I UJ~- E.LEACHACCIDENT $1,000,000 E.L.DISEASE-EAEMPLOYEI $1,000,000 E.L, DISEASE - POLICY LIMIT I $ 1, 000 , 000 TSFOOOl164246 I I A I REPT FORM I QT6605378B584TLC06 I 05/10/06 I I i i BLDR RISK I i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: MacArthur Blvd/Cribbs Dr Drainage Project If yes. describe under SPECIAL PROVISIONS below OTHER 05/10/07 I MAX JOB MAX CATAS CERTIFICATE HOLDER CANCELLATION SEE ATTACHD 15,000,000 COPPCO 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU R CITY OF COPPELL POBOX 9478 COPPELL TX 75019 ACORD 25 (2001/08) @ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) NOTEPAO: DATE 05/19/06 BUILDERS RISK LIMITS: INSURED'S NAME Ed A. Wilson Inc. WILSE-l CSR DJ $15,000,000 $ 500,000 $ 500,000 $ 500,000 $ 1,500,000 $ 2,000,000 $ 3,000,000 $ 6,000,000 $ 100,000 $ 100,000 Per Disaster anyone "loss" Anyone existing structure Anyone construction site - Class 1 - Frame construction Interior/Exterior remodel projects - Frame construction Interior/Exterior remodel projects - other than Frame construe Anyone construction site - Class 2 - Joisted Masonry Anyone construction site - Class 3 - ICM/Non-Combustible Anyone construction site - Classes 4, 5, or 6 MNC, SFR or Fir Resistive Temporary Locations While in Transit , , SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS THE CITY OF COPPELL CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CO'\fDITIO'\JS AME)\,'D THE STANDARD GENERAL PROVISIONS OF THE ST '\ "-UARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF (JO\ ERNMENTS '\S INDIC A TED BELOW ALL PROVISIONS WHICH ARE NOT AMENDED OR ~liPPLEi\lEl\iTED REMAIN IN FULL FORCE AND EFFECT '\LL PROVISIONS A \t1ENDED RFM A.l'\f IN Fl n 1 FORCE AND EFFECT ,\5 'V-.1EI\TIED PART I GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1 0 - DEFINITIONS SC -1.0 Engmeer The \\cord "Engmeer" 111 these contract documents and speCIficatIOns shall be understood as refemng to CITY ENGINEER, CIty of Coppell, POBox 9478, Coppell, TX 75019, Engmeer of the Owner, or such other representatives as may be authonzed by said owner to act m any partIcular positIon Owner The word "O\vner" m these contract documents and specificatIOns refers to the CITY OF COPPELL actmg through Its authonzed representatIves Calendar Dav' Add the followmg sentence to the end of the workmg days definItIOns "Hours \\orked before 8 00 a.m after 5 00 p.m, all weekends and holIdays are subJect to overtlme OvertIme request must be made m wntmg and approved by the CIty of Coppell. Seventy-two hours notice reqUJred. All overtIme mcurred by the CIty for mspectlOn servIces shall be paId by the Contractor Ifnot paId, such cost may be deducted from partIal payments" All other terms used 111 these Supplementary CondItIOns whIch are defined m the General ProVISIOns shall have the same meanmgs used m the General ProvIsIons ITEM 1 15 - SURETY BONDS SC-l 15 Add followmg sentence to Item 1 15 (A) ":Y1amtenance Bond shall he requIred In the amount of 50% of the cost of the publIc Improvements f()r a :2 year penod." 3-2 Standard Specificatiuns Supplementary ConditIOns lTE!\I 1.16 - NOTICE TO PROCEED SC-116 Add folloWIng sentence to end ofItem I 16 "Before Contractor starts the Work at the sIte, a conference attended by Contractor, Engmeer and others as appropnate \vIll be held to dIscuss the schedules referred to m Itcms 1 22 5, 1.28 and I 51 I, to diSCUSS procedures for handlmg Shop Orawmgs and other submIttals and for processmg ApplIcatIOns for Payment, and to establIsh a workIng understandmg among the partIes as to the \Vork" ITEM 1 19 - PRIQRIIY OF CO~TR4.CT DOCUMENTS SC-1.19 Add the fo II 0\\ 109 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 pro\ ISIOns 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-l 20.1 Amend the first sentence of Item 1 20 1 by changIng "such copIes" to be "five copIes" Add the follo\vmg 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 bonngs at the site to satIsfY hImself as to subsurface condItIOns." SC-1.20.5 Add the followmg ne\\ Item 1 20 5 ImmedIately after Item 1 204 "1 205 EXlstlOg UtIlItIes and Sewer LInes The Contractor shall be responSIble for the protectIOn of all eXlstmg 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 ongmal constructIOn, or better, at hIS own cost and expense ThIs Includes any and all ImgatIOn systems, whether or not they are Identlficd on the plans 3-3 Standard SpecifiultlOllS Supplementan Condltiol15 If It IS necessary to change or move the property of any O\vner or of a publIc utIlIty, such property shall not be ,mO\ ed or mterfered with untIl authonzed by the ENGINEER. The nght IS reserved to the owner of any publIc utllIty to enter upon the lImIts of the project for the purpose of makmg 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 <\mend the first sentence of Item 1 22 5 by addmg the followmg at the begmnmg of the sentence "If requested by O"vner, Engmeer or Contractor" ITEM 1.24 - PROTECTION OF \\ORK AND OF PERSONS AND PROPERTY SC-l 242.1 <\dd the followmg nc\\ Item 1 242 1 ImmedIately after Itcm 1.24 2 "l 24 2 1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site or should any claIm ansIng out of CONTRt\CTOR'S, O\VNER, ENGINEER, Consultmg Engmeer or any other person, CONTRACTOR shall promptly attempt to scttle with such other Contractor by agreement, or to otherwIse resolve the dIspute by arbItratIOn or at law CONTRACTOR shall, to the fullest extent penmtted by Laws and RegulatIOns, mdemmfy and hold OWNER, ENGINEER and Consultmg Engmcer harnlless trom and agamst all claims, damages, losses and expenses (mcludmg, but not lImIted to, fecs of engmeers, archItects, attorneys and other professIOnals and court and arbItratIOn costs) ansmg dIrectly, mdlrectly or consequentially out of any actIOn, legal or eqLlltable, brought by any separate Contractor agamst OWNER, ENGINEER or Consultmg Engmeer to the extent based on a claIm ansmg out of CONTRACTOR'S perfornlance of the Work Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the perfornlance of ",ork be any separate Contractor at the sIte gIve nse to any other claIm, CONTRACTOR shall not InstItute any actIOn, legal or eqUltable, agamst O\\'NER, ENGINEER or Consultmg EngIneer or permit any actIOn agamst any of them to be mamtamed and contmued m Its name or for Its benefit m any court or before any arbiter whIch seeks to Impose lIabIlIty on or to recO\ cr damages from OWNER, ENGINEER or Consultmg Engmeer on account of any such damage or claIm If CONTRACTOR IS delayed at any tIme m perform1l1g or furnlshmg 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 111 Contract TIme attnbutable thereto, CONTRACTOR may make a claIm for an extensIOn of tIme m accordance WIth Item 1 36 An extensIOn of the Contract Time shall be CONTRACTOR's exclUSIve remedy WIth respect to OV/NER, ENGINEER and Consultmg Eng1l1eer for any delay, dIsruptIOn, 1l1terference or hmdrance caused by any separate Contractor" 1-4 Stundard SpecificatIOns Supplementan ConditIOns ITEM 1.26 - INSURANCE SC -1.26.6 ,\dd the followmg new Item "1266 If O\VNER requests In \\Tltmg that other special Insurance be Included m the propcrty Insurance polIcy, CONTRACTOR shall, If possible, Include such Insurance, and the cost thereof wIll be charged to OWNER by appropnate Change Order or Wntten Amendment. Pnor to commencement of the WorK at the sIte, CONTRACTOR shall In wntmg advIse O'vVNER \\ hether or not such other msurance has been procured by CONTRACTOR." Sf' -1.26. 7 Add the followmg ne\\ Item "1 267 CONTRACTOR mtends that any polICIes provided m response to Item 1 26 shall protect all of the parties' Insured and proVIde coverage for all losses and damages caused by the penIs covered thereby AccordIngly, all such polICIes shall contaIn provIsIons to the effect that m the e\ ent of payment of any loss or damage the msurer wIll have no nghts of reco\ ery agaInst an) of the partIes named as Insured or addItIOnal Insured, and If such \\ al\ er fon11S are rcqulred of an) Subcontractor, CONTRACTOR Will obtam the same" ITEM 1.27 - 1\1 A TERlALS AND '\lORKMANSHIP~ W ARR;\NTIES AND GUARANTEES SC-1.27.4 Amend the first sentence ofItem I 27 4 to change the words "one year" to "two years" ITE:\1 1.32 - WORKING AREA~ COORDINATION '\lITH OTHER CONTRACTORS~ FINAL CLEANUP SC-1.32.1 Delete Item I 321m ItS entirety and msert the followmg In lieu thereof "ConstructIOn stakes/surveymg shall be proVIded by the CONTRACTOR. Vertical control has been establIshed as shown on the construction plans Honzontal control can be establIshed from eXlstmg Inlets, street mtersectlons or other utilItIes mdlcated 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 venfy 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 checkmg by the Engmeer shall not relIeve the Contractor of hIS responsiblllty to perform all WorK m connectIOn WIth Contract Drawmgs and SpeCIficatIOns and the lInes and grades gIven therem." 3-5 Standard Specifications Supplementarv Conditions ITE'I1.33 - OTHER CONTR4.CTORS; OBLIGATION TO COOPER4.TE 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 workmg tIme only for unavOIdable delays venfied by the EngIneers, as proVIded In Item 1 36, however, no Increase m the contract pnce shall be due the Contractor" Insert the fol1owmg sentence at the end of the second paragraph of Item 1 33 "The E"JGI~EER shaH coordInate such other \\ork With the CONTRACTOR and schedule events to mlllInllZe delay caused to the CONTRACTOR. ~o addItIonal time shall be gIVen to the CONTR ~CTOR of such related work except as prOVided m Item I 36 " ITEM 1.36 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC -1.36 t\dd the follO\v lllg at the end of the last paragraph m Item 1 36 "No extensIOn of the contract tlme shall be aHowed unless the CONTRACTOR can demonstrate the delay caused an adverse Impact to the cnucal path and that loss of tIme can not be made up by revlsmg the sequence of the work of the proJect" ITE'I 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC-1.37 1 37 1 Amend the last sentence m Paragraph two of Item 1 37 1 to delete the followmg "except as prOVIded belo\\ " Add the fol1oWIng sentence to the end of paragraph two m Item 1 37 1 "The umt pnce of an Item of Umt Pnce Work shall he subJect to re-evaluahon and adJustment under the followmg condItIOns ITEM 1.42 - INSPECTION AND TEST SC-1.42 1 42 3 Amend the first paragraph to delete "dIrectIOn and expense of the Owner" and add the fol1owmg "dIrectIOn of the Ovmer and expense ofthe Contractor" Amend the last paragraph, first sentence by changmg "Contractor" to "Owner" 3-0 Standard Speedl'wtlOns Supplementary Conditions ITEM 1.49 - O\VNER'S, EMPLOYEES OR AGENTS SC -1.49-2 Replace Item 1 49 2 wIth the followll1g ne\v paragraph "I 49 2 ConflIct 0 f Interest City Charter states that no officer of the City shall have a finanClalll1terest, dIrect or Il1dlrect, m any contract wIth the CIty, nor shall be financially mterested, directly or IndIrectly, m the sale to the City of any land, or nghts or Interest m any land, matenals, supplIes or servIces ThIS prohIbItIOn does not apply \\ hen the Il1terest IS represented by ownershIp of stock 111 a corporatIon mvol\ ed, proVIded such stock O\vnershlp amounts to less than one pf'rrf'nt (10 n) 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 otTrce or positIOn. Any VIolatIOn of thIS prohIbItIOn \\ lth the knowledge, expressed or ImplIed, of the persons or corporatIOns contractmg wIth the CIty shall render the contract \ OIdable by the City Manager or the City CouncIl The Contractor represents that no employee or officer of the CIty has an mterest m the Contractor" ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC-158 Delete Item 1 58 and substItute the followmg In lIeu thereof "1 58 Recent legIslatIOn has removed the sales tax exemptIOn preVIOusly proVIded by SectIOn 151 311 of the Tax Code covenng tangIble personal property purchased by a contractor for use In the performance of a contract for the Improvement of CIty-owned realty It IS stIlI possIble, however, for a contractor to make tax-free purchase of tangible personal property, whIch wIll be mcorporated mto 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 matenals from charges for labor Under such a contract, the contractor becomes a "seller" of those matenals, \vhlCh are mcorporated mto the proJect, such as bncks, lumber, concrete, pamt, etc The contractor Issues a resale certIficate m lIeu of paYlng the sales tax at the tIme such Items are purchased The contractor then receives an exemptIOn certIficate from the City for those matenals (ThIs procedure may not be used, ho\\ e\ er, for matenals, whIch do not become a part of the fimshed product. For example, equipment rentals, forn1 matenals, etc are not considered as becommg "mcorporated" mto the proJect) l'tlllzatlOn of thIS "separated contract" approach elimInates the need for bIdders to figure In sales tax for matenals, \\ hlCh are to be mcorporated Into the proJect. The successful bIdder's bId form wIll be used to develop the "separated contract" and wIll determIne the extent of the tax exemptIOn Upon executIOn of the constructIOn contract, the contractor shall furnIsh a 3-~ Standard SpecificatIOns Supplementary Crmditw/ls breakdown (per Item) of 1 ) matenals mcorporated lI1to the proJect, and 2) labor. equIpment, supervisIon and matcnals not mcorporated mto the proJect" PART II: !VIA TERIALS - DIVISION 2 MATERIALS ITEl\I 2.1 5 - TRENCH BACKFILL: (b) Types "B" and "C" (4) AddItIOnal RequIrements (B) AdditIOnal ReqUIrements for Type "C" backfill 'When used 111 streets Insert the followmg paragraph at the begmnlng of this subsectIOn "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor DensIty as determmed by ASTM 0-698 at, or up to fi\ e (5) pcrcentage pOInts above, optImum mOIsture content, usmg mechanical compactIOn methods unless otherwIse specified m the Plans. Water JettIng may bc used only WIth specIfic wntten permISSion of the Engll1eer " ITEM 2 1 6 - RIPRAP OR STONE MASONRY' (b) Matenals and Dimensions (4) Mortar Rlprap Add the sentence "Mortar or concrete type shall be approved by the Engmeer and shall conform to A.S T M C 387-83 " ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General Amend the first sentence, by stnkIng the words "reqUIrements for earth bcddIng" and replace With "recommendatIOns of the pIpe manufacturer, and shall be approved by the EngIneer" (b) Earth Beddmg Add the followlI1g sentence at the begmmng of thIS paragraph "Earth beddmg wIll not be permItted Without wntten approval of the Engll1eer" ITE\'12.2.2 - CHEMICAL ADMIXTURES: (d) Mmeral AdmIxtures Delete paragraph (d) m ItS entIrety The use of Fly Ash as an admIxture m any Class of concrete IS specifically prohIbited WIthout wntten appro\ al of the Engmeer 3-8 Standard Specifil allans Supplementan, COndllInl1s PART III CONSTRUCTION METHODS DIVISIOl\ 3 - SITE PREPARATION ITEM 3.1 2 - CONSTRUCTION METHODS: Add the folloWIng sentence after the second sentence "The method of protectIOn shall be 2 1l1ch by 4 ll1ch \\ ood ratlll1g unless otherwIse shown on the Plans or dIrected by the EngIneer" ITFYI 3.7.3 - DENSIT\: Stnke the first sentence and replace \\ Ith the follOWIng "Earth embedment and select matenal shall be compacted to bet\\ een 95 percent and lOO percent of Standard Proctor DenSIty as determIned b\ ASTl\l D-698 at, or up to five (5) percentage pomts abo\e optimum mOIsture content, usmg mechanical compactIOn methods, unless othenvlse speCIfied m the Plans or SpecIficatIOns" PART III DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS: (b) CompactIOn Amend the last sentence of the first paragraph, by stnkIng the words "90 percent of the maximum dry denSity of such matenal " and replace \vlth the words "95 percent of the maxImum dry denSIty of such matenal, or as dIrected by Eng1l1eer PART III DIVISION 5 - PAVEMENT/SURFACE COURSES ITEM 5.8.2 - CONSTRUCTION METHODS: (e) JOInts (1) ExpanSIOn Jomts Delete the first paragraph and replace With the follOWIng "ExpansIOn Jomts shall be mstalled perpendIcularly to the surface and centerlIne of the pavement. ExpanSIOn Jomt matenal shall be redwood boards, 3/4-Inch m WIdth, and extended through curbs ExpanSIon Jomts are to be 1l1stalled at each end of radIUS at street mtersectlons ExpanSIon Jomts shall bc equally spaced between IntersectIOns WIth not less than one every 200 Imear feet of pavement, unless otherwIse speCified on the Plans or dlrccted by the Eng1l1eer (C) PrOJdmlty to EXlstmg Structures Engmeer" Add to end of sentence, "or as dIrected by the 1-9 Standard Specifications Supplementary ConditIOns (2) ContractIOn Jomts Delete the first sentence of the first paragraph and Il1sert the folloWIng" "ContractIon or dummy JOll1ts shall be sawed to 1-1/4 Inches m depth, and 1:4 Inch m wIdth, and Il1stalled e\ ery 20 lll1ear feet of pay ement, and extend through curb, unless othen\ Ise dIrected hy the Engmeer " (h) Fmlshmg ( 1 ) MachIne Add the follo\vmg paragraph at the end of thIS subsection "Fog sprays powered by pressure pumps, and capable of covenng the entIre area of freshly placed concrete \Vlth a fine mIst, shall be used If water IS needed for fimshIng operatIOns" (2) Hand Add a ne\\ paragraph after first paragraph whIch reads as follows "Fog sprays po\\ered by pressure pumps, and capable of CO\ienng the entIre area of freshly pldced concrete \\ Ith a fine mist, shall be used If water IS needed for fimshmg operatIOns" PART III DIVISION 6 - UNDERGROU~D CO~DUIT CONSTRUCTION ITEM 6.2 9 - BACKFILL: (b) CompactIOn. (2) DensItIes - Areas Not SubJected to or Influenced by VehIcular Traffic Amend the second sentence by stnkmg the \\ords "to a densIty comparable WIth adJacent undisturbed matenal" and replacmg 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 pomts above, optImum mOIsture content, unless othenvlse speCIfied In the Plans or dIrected by the Engmeer " 3-/0 Standard Spec'llicatlOns Supplementarv CondItIOns ~ THE CITY OF COPPELL ~- ~. ~ Q '* v -',"'4t ~', . () -r ..,.,,"'W I> ') '\ is \ SECTION 4 SPECIFIC PROJECT REQUIREMENTS SPECIFIC PROJECT REQUIREMENTS The constructIOn speCIficatIOns whIch apply to thIs proJect are the Standard SpeCIficatIOns for Puhhc Works ConstructIOn - North Central Texas ThIrd EditIon prepared through the North Central Texas CouncIl of Governments (NCTCOG) The follOWIng SpecIfic ProJect ReqUIrements contam general and specIfic proJect reqUirements apphcable to thIs project m the CIty of Coppe1l These II1dmdual specIficatIOns control for this proJect. AddItIOnal amendments to the NCTCOG Standard SpeCificatIOns are contamed m SectIon 3 - Supplementary CondItIOns to the Standard SpecIficatIOns for ConstmctIOn. In the e\ent that an Item IS not covered In the ProJect Drawmgs and these SpecIficatIOns, then the CIty of Coppell Standard ConstructIOn DetaIls (Ord 2005-1098 92-554), and AppendIx 'C DesIgn Cntena and Standards 111 the City of Coppell SubdIvIsIon Ordmancc (Ord #94-643) sha1l apply In addItIon, reference to the follo\\ II1g shall be considered as refemng to the speCificatIOns or f\lethod of Test as set forth by these orgal1lzatlOns and shall he consIdered as part of the SpeCIficatIOns when referenced. ASA. ASTM A A.S H T 0 Amencan Standards AssoCIatIon ACI AWS A.W W A SSPC Amencan SOCIety of TestIng Matenals Amencan AssocIatIon of State HIghway & TransportatIon OffiCIals Amencan Concrete InstItute Amencan WeldIng SocIety Amencan Water Works AssocIatIOn U.L NEMA. WPCF TX.DOT SSPWCNCT Steel Structures PamtIng CouncIl, Federal SpecIficatIOns Treasury Department Underwnters Laboratones Water PollutIOn Control FederatIon Texas Department of TransportatIOn Standard SpecIficatIOns for Pubhc Works ConstructIOn North Central Texas TCEQ TMUTCD o S H.A T -\ S ADA Texas CommIssIon on EnVIronmental QualIty Texas Manual on Ul1lform Traffic Control DevIces OccupatIOnal Safety and Health AdmmlstratIon Texas AccessIbIlIty Standards Amencans WIth DIsabIlItIes Act 4-2 Specific Project Requirements 1.1 O'VNER: The "Owner" as referred to In these SpecIfications IS the CIty of Coppell, PO Box 9478, CoppelL Texas 57019 1.2 ENGINEER: The "Engmeer" as referred to m these SpecIficatIOns IS the CIty Engmeer, Cl ty of Coppell, EngIneer of the Owner, or such other representatIves as may be authonzed by said o\vncr to act m any partIcular posItion. 1.3 CIT\' OF COPPELL: All Improvements described m thiS Proposal and ConstructIOn Drawmgs shall be done In accordance wIth the Project Drawmgs and SpecIficatIOns In the event that an Item IS not CO\ ered m the ProJect Drawmgs and SpecIficatIOns, then the Standard SpecIficatIOns for ConstructIOn for the CIty ofCoppell, Texas shall apply 1 4 SITE: The Contractor shall limIt IllS work to the area shown on the Project Drawmgs as \'vlthm the street nght-of-\\ay Entrance onto pnvate property shall be at the expressed approval of the ENGINEER, only 1.5 PROJECT DESCRIPTION: ThiS proJect IS mtended to collect nUIsance stormwater that ponds at the mtersectlOn of MacArthur Blvd and Cribbs Dr The \\ ork shall consIst of the mstallatlOn of approxImately 168 Imear feet of 18" slotted dram, one 2-grate mlet, and approxImately 50 lInear feet of 18" RCP along MacArthur Blvd., between Samuel Blvd and Cnbbs Dr Work shall mclude all components necessary for the "turn key" constmctlOn of the draInage proJect as shown In the plans for DR 06-01 1 6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engmeer on the basIs of the defimtlOn set out m the General CondItIons of Agreement The calendar day count shall be suspended upon receIpt by the EngIneer of a wntten request for final mspectlOn. The calendar day count shall resume upon receIpt by the Contractor of a \vntten lIst of Items necessary to satlsfactonly complete the proJect. ThIS process shall contmue untIl such tIme as the project IS accepted by the Engmeer, 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 mc\udmg the OccupatIOnal Safety and Health Act of 1970, ordInances, rules, regulatIons and order of any publIc authonty have Junsdlctlon for the safety of persons or property to protect them from damage, mJury or loss He shall erect and mamtam, as reqUIred by eXlstmg condItIOns and progress of the work, all reasonable safeguards for safety and protectIOn, Inc1udmg postmg danger sIgns and other warnIngs agamst hazards, promulgatmg safety regulatIOns and notifYIng owners and users of adJacent utIlItIes 1.8 SOIL INVESTIGATION: A geotechmcal mvestIgatIon report has not been prepared. The Contractor shall VISIt the site and acquamt hImself wIth the sIte condItIOns. 4-3 Specific Project Requirements 1.9 SURVE) AND FINISHED GRADES: General honzontal and vertIcal alIgnment IS not changmg. The Contractor shall be responsible for layout and stakIng of all grades and lmes for constructIOn to preserve eXlstmg honzontal and vertIcal alIgnment. The Contractor shall preserve all stakes or markmgs untIl authonzed by the Engmeer to remove same The Contractor shall bear the cost of the re-establIshmg any control or constructIOn stakes destroyed by eIther hIm or a thIrd party and shall assume the entIre expense of rectIfYIng vvork Improperly constmctcd due to failure to mamtam established pomts and marks. No separate payment shall be made to the Contractor for constructIOn stakIng whIch shall be consIdered mCldental to the proJect and payments made under speCIfic Pay Items shall be conSIdered as full compensatIOn for these reqUIrements 1.10 CONFORMITY \VITH DR1\. \VINGS: All work shall conform to the lInes, grades, cross- sections, and dm1enslons shown on the Drawmgs Any deViatIOn from the Drawmgs whIch may be reqUIred by the eXIgencIes of constructIOn will be determmed by the EngIneer and authonzed by hIm m wntmg 1 11 TESTING L~BORA TORY SERVICE: The Owner shall make arrangements WIth an II1dependent laboratory acceptable for testIng as reqUIred by the constmctlOn plans and standard speCIficatIons The Contractor shall bear all related costs of retests, or remspectlOns The Contractor shall notIfy the ENGINEER m a tImely manner of when and VI' here tests or mspectlOns are to be made so that they may be present. One copy shall be provIded to the contractor of all reports and laboratory test results Testmg by the CIty does not alleVIate the contractors' responSIbIlIty for hIS own qualIty assurance/qualIty control testmg Contractor shall replace any defiCient constructIOn Items 1.12 SUSPENSION OF \VORK: If the work should be stopped or suspended under any order of the court, or other publIc authonty, the Owner may at any tIme dunng suspensIOn upon se\ en days wntten notIce to the Contractor, term mate 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 resultmg from the termmatlon of the Contract, but such expenses shall not exceed $5,000 1.13 PRESERVATION OF TREES: PermISSIon of the Engmeer must be obtaIned for removal of trees on the property that obstruct the InstallatIon of the Improvements as outlIned m thIS proJect. Penalty for destructIon of a tree WIthout penmssIOn shall be $500 00 each payable to the Owner If damage IS contmuous, tree guards shall be erected when so dIrected by the Engmeer at the Contractor's expense 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the proJect at all tImes, as hIS agent, a competent Supenntendent capable of readIng the plans and speCIficatIOns and thoroughly expenenced In the type of work beIng performed. The Supenntendent shall ha\ e full authonty to execute orders or dIrectIOns and to promptly 4-4 Specific Project Reqwrements supply such matenals, eqUIpment, tools, labor and mCIdentals as may be reqUIred Such supenntendence shall be furnished IrrespectIve ofthe amount of work contracted. The Supenntendent and the Contractor shall be responsIble for supervIsIon of all \\ork performed by the subcontractor at all tImes dunng constructlOn 1 15 \VARNING DEVICES' The Contractor shall have the responsIbIlIty to provide and mamtaIn all \\arnmg deVices In accordance WIth the TMUTCD and take all precautlOnary measures reqUIred by la\\ to protect persons and property \\ hde saId persons or property are approachmg, leaVIng or wlthll1 the vvork sIte or any area adjacent to SaId work sIte CompensatlOn' wIll be paId to the Contractor under Pay Item # 2 1 for the InstallatlOn or mamtenance of any \varnll1g deVIces, bamcades, lIghts, SIgnS or any other precautIOnary measures reqlll ren hy ];JW for thf' rrntf'rtlfHl nf pf'rsoos or propert~! The Contractor shall assume all dutIes owned by the CIty of Coppell to the general public 111 connectIOn WIth the general publIc's ImmedIate approach to and travel through the work sIte and area adJacent to SaId work sIte \Vhere the work IS camed on, 111, or adJacent to, any street, alley, SIdewalk, public nght-of- \\ ay or public place, the Contractor shall at hIS own cost and expense proVIde such flagmen and \\ atchmen and furnIsh, erect and mamtam such warnmg deVIces, bamcades, lIghts, SignS and other precautlOnary measures for the protectlOn of persons or property as are reqUIred by la\'" The Contractor shall submIt a traffic control plan to be reVIewed by the Clt) pnor to the begInnmg of work. No lane shall be bamcaded before 9 00 a.m. or after 4 00 pm except as noted on the plan provIded WIth these speclficatlOns One lane of traffic In each dIrectIon shall be provIded at all tImes The Contractor IS responsible for provldll1g and mamtaInll1g flagmen, watchmen, warnmg deVices, bamcades, SIgnS, and lIghts, and other precautlOnary measures shall not cease untIl the proJect shall have been accepted. If the EngIneer dIscovers that the Contractor has faIled to comply WIth the applIcable federal and state 1m", (by faIlmg to furnIsh the necessary flagmen, warnIng deVices, bamcades, lights, SIgnS or other precautIonary measures for the protectIOn of persons or property), the Engmeer 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 ordenng such addItIonal precautIOnary measures In addItIOn, the Contractor wIll be held responsible for all damages to the \Vork and other public or pnvate property due to the faIlure of warnmg deVIces, bamcades, SIgnS, lIghts, or other precautlOnary measures m protectmg SaId property, and whenever eVIdence IS found of such damage, the Engll1eer may order the damaged portIOn ImmedIately removed and replaced by and at the cost and expense of the Contractor If the damages are not corrected In a tImely fashIon, then the City shall have the nght to repaIr the damage and charge the cost back to the Contractor All of thIS work IS conSIdered mCldental and shall not be separate pay Item 4-5 Specific Project Requirements 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: a. Pnor to any exca\ atron, the Contractor shall determme the locatIOns of all eXlstmg water, gas sewer, e1ectnc, telephone, telegraph, tele\ ISIOn, and other underground utIlItIes and structures b After commencIng the work, use every precautIOn to aVOId mterferences with eXIstmg underground and surface utIlItIes and structures, and protect them from damage c Where the locatIons of eXlstmg underground and surface utIlItIes and structures are Il1dlcated, these locatIOns are generally apprQ\,lmate. and all Items whIch may be encountered dunng the work are not necessanly mdrcated. The Contractor shall detennme the exact locatIOns of all Items mdlcated, and the eXIstence and locatIOns of all Items not mdlcated d The Contractor shall repaIr or pay for all damage caused by hIs operatIOns to all eXlstll1g utIlIties, publIc property, and pnvate property, whether It IS below ground or above ground, and he shall settle m total cost of all damage SllltS whIch may anse as a result of thIS operatIOns e To a\ Old unnecessary mterferences or delays, the Contractor shall coordmate all utIlIty removals, replacements and constructIOn wIth the appropnate utIlIty company 1.17 DRAINAGE: The Contractor shall mamtam adequate dramage at all tImes 1.18 PROJECT MAINTENANCE: The Contractor shall mall1taIn, and keep m good repaIr, the Improvements covered by these plans and speCIficatIOns dunng the lIfe of the contract. 1.19 CLEANUP: Dunng ConstructIOn The contractor shall at all tImes keep the job sIte as free from all matenal, debns and rubbIsh as IS practIcable and shall remove same from any portIOn of the Job sIte when It becomes obJectIOnable or mterferes wlth the progress of the proJect. Fmal Upon completIOn of the work, the Contractor shall remove from the sIte all plant, matenals, tools and eqUIpment belongIng to hIm and leave the sIte WIth an appearance acceptable to the Engmeer and the O\\.l1er The Contractor shall thoroughly clean all eqUipment and matenals Il1stalled by hIm and shall delIver over such matenals and eqlllpment m a bnght, clean, polIshed and new-appeanng conditIOn. 4-6 Specific Project Requirements t 20 I~SPECTION: The vvord "InspectIon" or other forms of the word, as used m 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 m 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 t 21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All pavmg, subgrade, or other debns removed from the sIte as a prehnImary to the constructIOn shall be removed from the property at the sole expense of the Contractor Any reqUIred burnIng and dIsposal pcnmts shall be the sole responsIbIlIty of the Contractor All excavated earth In excess of that reqUIred for backfilhng shall be removed from the Job sIte and disposed of In a satlsfactorv manner 1.22 'VATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for secunng and transportmg all water reqUIred m the constructIon, IncludIng \vater reqUIred for mlxmg of concrete, spnnklmg, testIng, flushmg, floodmg, or Jettmg. The Contractor shall provIde water as reqUIred at hIs own expense 1.23 GUARANTEE: All work shall be guaranteed agaInst defects resultIng from the use of mfenor matenals, eqUIpment or workmanshIp for a penod of two (2) years from the date of final completIOn and acceptance of the proJect. 4_7 Specific Project Requirements SHOP DRA \VINGS, PRODUCT DATA AND SAMPLES 1 1 GENERAL: A Contractor to submIt Shop Drawmgs, Product Data and Samples as reqUired by the Contract Documents and as specIfied m other sectIOns of the speCIficatIons 1.2 SHOP DRA \VINGS: A t\s soon as practicable after contract a\\ ard, submIt to the EngIneer, for reView, the reqUIred number of bound copIes of shop drawIngs of all Items as specified m the ':'::!r!0US sectIons cfthe~e ~peC~fiC:ltlcns, ~CCOriip3nled b:/ letter~ cftransmlttal B Shop drawmgs shall mcludc Manufacturer's catalog sheets and/or descnptlve data for matenals and equIpment, sho\',/]ng dimensIOns, performance charactenstlcs, and capacItIes and other pertment mformatlOn as reqUIred to obtaIn approval of the Items mvolved C No work requmng shop drawmgs wIll be executed untIl reVIeW and acceptance of such drawIngs has been obtamed 1.3 PRODUCT DATA: A PreparatIOn 1 Clearly mark each copy to IdentIfy pertment products or models ') Show performance charactenstlcs and capacItIes 3 Show dImensIOns and clearances reqUIred , 4- Manufacturers standard schematIC drawIng sand dIagrams 1 ModIfy drawmgs and dIagrams to delete InfOilllatlOn whIch IS not applIcable to the work. Supplement standard mformatlOn to provIde InformatIOn speCIfically applIcable to the \Vork B 1.4 SAMPLES: ProvIde samples as mdlcated m other parts of these speCIficatIOns 1.5 CONTRACTOR RESPONSIBILITIES: A RevIew Shop Drawmgs and Product Data pnor to submISSIon. B Determme and venfY' 1 FIeld measurements. 2 FIeld constructIOn cntena. 3 Catalog numbers and SImIlar data. 4-f! Specific Project Requirements 4 Conforn1ance wIth specIficatIOns C Coordmate each submittal with reqlllrements of the work and of the Contract Documents D BegIn no \vork \\ hlch rcqlllres submittals untIl retum of submIttals wIth Engmeer's rCVle\\ E Keep one (I) approved copy of shop drawIngs or product data at job site at all tImes 1 6 S{;BMISSION REQUIREMENTS: A Make submIttals promptly and m such sequence as to cause no delay m the work or m the work of any other contractor B Number of submIttals required 1 For shop draWIngs and product data. Submit the number of COpIeS whIch the contractor reqlllres, plus four whIch wIll be retamed by the EngIneer C SubmIttals shall contam 1 The date of submISSIon and the dates of any prevIOus submissions 2 The proJect tItle 3 The names of a. Contractor b SupplIer c Manufacturer 4 IdentIficatIOn of the product. 5 Field dImenSIOns, clearly IdentIfied as such 6 RelatIOn to adjacent or cntlcal features of the work or matenals. 7 ApplIcable standards, such as ASTM or Federal SpecIficatIOn numbers 8 IdentIficatIon of devIatIOns from Contract Documents. 9 IdentlficatIOn of revIsIons on resubmlttals. 10 Contractor's stamp, ImtIaled or SIgned, certifYIng to reVIeW of submIttal, venficatlOn of products, field measurements and field constructIOn cntena, and a coordInatIon of the InformatIon wIthIn the submittal wIth reqUIrements of the work and of Contract Documents 11 Fabncatlon and erectIOn drawmgs lIsts and schedules 12 BaSIS of deSign and deSIgn calculatIons SIgned and sealed by a regIstered professIOnal engmeer 13 Seal and sIgnature of a regIster engmeer on all structural submIttals 4-9 Specific Project ReqUirements D REVIEW Shop drawmg and product data Il1formatlOn revIew wIll be general Such re\ le\\ wIll not relIve the contractor of any responsIbIlIty and work reqUIred by the Contract 2 Satisfactory shop drawll1gs \\/111 be so designated and all sets, except four (4), retumed to the Contractor ReJected shop drawIngs wIll be so designated and all sets except ffi'o (2) wIll be returned to the Contractor, wIth Il1dlcatlOl1S of the reqUIred correctIOns and changes. 3 ReJected shop drawmgs wIll be corrected and resubmItted to the EngIneer for Acceptance 1. 7 RESUBMISSION REQUIREMENTS: A Make any correctIOns or changes 111 the submIttals reqUIred by the Engmeer and resubmIt untIl accepted Shop DrawIngs and Product Data. 1 Rev]se Initial drawmgs or data, and resubmIt as specIfied for the mltJal submIttal indIcate any changes \\ hlch have been made other than those requested by the Engll1eer ") B 1.8 ENGINEER'S RESPONSIBILITIES: A RevIew submittals wIth reasonable promptness B Affix stamp and mltJals or SIgnature, and Il1dlcate reqUIrements for resubmlttal, or acceptance of submIttal C Return submittals to Contractor for dIstributIOn, or for resubmlsslon. 4-jO Specific Project Requirements .. SECTION 5 DESCRIPTION OF PAY ITEMS THE CITY OF SECTIOI'l 5 - DESCRIPTION OF PAY ITEMS This sectIOn mc\udes comments concernmg \ anous Pay Items so that the contractor can fully understand the scope of work Imohed In the Pay Items Construction No Pay Items: All \\ork necessary for the orderly completIOn of the proJect, but not specIfically Included as a pay Item In the Proposal, shall be consIdered subsIdIary to the Contract and no separate or addItIonal payment wIll be made therefore For example, there shall be no separate payment for the followmg' (a) saw cuttmg, (b) removal of spOIls, (C) water for constructIOn, (d) any pIpe fittmgs, (e) Imgatlon repaIrs, (f) sod repaIr/replacement and (g) any other mCldentals necessary to complete the work The above Items are not meant to be a total and complete lIst of subsIdIary Items but only representatIve of the types of Items that should be mcluded m the vanous pay Items assocIated with this proJect 2. Construction Pa} Items: Pav Items as lIsted m the proposal shall be measured and paId for m accordance wIth the applIcable measurement and payment paragraphs of the North Central Texas CouncIl of GO\ ernments "Standard SpeCIficatIOns for PublIc Works ConstructIOn", latest addItIOn, unless modified by these specIal proVISIons 2.1 Furnish, Install and Maintain Traffic Control Devices: ThiS pay Item shall conSIst of the placement of the reqUIred traffic control deVIces m accordance WIth the TMUTCD, City ofCoppell and NCTCOG Standards and SpeCificatIOns Inclusive WIth thIS pay Item wIll be the reqUirement for the submIttal of a traffic control plan for the proJect. No lane closures wIll be allowed pnor to 9 00 a.m or after 4 00 p.m. Two-way traffic must be mamtamed at all times. Because of the reqUIrement for one lane to be opened at all tImes, It IS conceivable that the trench wIll need to be adequately "plated" to allow for the free passage of vehIcles through the work area. Measurement and Payment shall be made on the baSIS of the pnce bId per lump sum (LS) and shall be total compensation for funllshmg all labor, matenals, tools, traffic control plan and eqLl1pment necessary to complete the work 2.2 Remove and Dispose of Existing Concrete Paving: ThIS pay Item shall consIst of the removal of eXlstmg concrete pavmg to allow for the mstallatlon of the slotted dram, 2-grate mlet and RCP wlthm the lImIts shown on the constructIOn plans All saw cuttmg shall be full depth to prOVIde for a smooth surface Damaged vertIcal sIdes wIll be re-sawed, removed and replaced at the contractor's expense Saw cuttmg IS conSIdered subsIdIary to thIS pay Item Concrete pavIng shall be dIsposed of off-sIte m accordance WIth federal, state and local regulatIOns. 5-2 Description of Pay Items Measuremcnt and Payment shall be made on the basIs of the pnce bId per square yard (SY) and shall be total compensatIon for furnlshmg all labor, matenals, tools, and eqlllpment necessary to complete the work 2.3 Furnish and Install 18" Class IV RCP: Thl s pay Item shall consIst of thc mstallatlOn of 50 linear feet of 18" Class N RCP beneath Cnbbs Dme The RCP \\'111 connect to the proposed 2-grate mlet to the south and to the eXlstlllg 24" RCP to the north The bid pnce shall be Inclusive of all necessary work and matenals to connect the 18" RCP to the proposed 2-grate mlet and to the eXlstlllg 24" RCP The backfill and embedment shall be f10wable fill, mllllmum 2-sacks of cement per cubiC yard t\ll Jomt materIal shall bc Omlll-f1ex JOlllt gaskets Measurement and Payment shall he made on the basIs of the prIce bId per lmear foot (LF) and shall be total compensatIOn for furnlshlllg all labor, materIals, tools, and equIpment necessary to complete the work 2.4. Construct 2-Grate Inlet: ThIs pay Item shall consIst of the constructIOn of one 2-grate mlet on Cribbs Dm e as It approaches MacArthur Boulevard ConstructIOn shall be m accordance WIth the proJect drawIngs and concrete shall be Class "F" (4200 pSI) The mlet shall be cast m place and shall be formed on all SIdes Castmg of walls agamst the trench wIll not be permItted. Measurement and Payment shall be made on the basIs of the pnce bid per each (EA) and shall be total compensatIOn for furnlshmg all labor, matenals, tools, and eqlllpment necessary to complete the work. 2.5. Furnish and Install 18" Slotted Drain: ThIS pay Item shall consIst of the mstallatlOn of 168 linear feet of 18" Slotted Dram and one plug along the southbound gutter Ime of MacArthur Boulevard as shmvn on the project drawIngs. The slotted dram WIll connect to the proposed 2-grate Inlet to the north. The bid pnce shall be mcluslve of all necessary work and matenals to connect the 18" slotted dram to the proposed 2-grate mlet on Cnbbs PIpe and draIn shall be In accordance WIth TxDOT standard detaIls for Roadway Dram DetaIls, Slotted Dram. The backfill and embedment shall be f10wable fill, mInImum 2-sacks of cement per cubiC yard All Jomt matenal shall be per manufacturer's recommendatIOns The construction of a water Ime crossmg wIll be reqUIred at the locatIOn where the proposed 18" slotted dram crosses over the ex Istmg 12" water Ime on MacArthur Boulevard and IS conSIdered SubsIdiary to thIS pay Item Measurement and Payment shall be made on the basIs of the pnce bId per lInear foot (LF) and shall be total compensatIOn for furnlshmg all labor, matenals, tools, and eqlllpment necessary to complete the work. 5-3 Description of Pay Items 2.6. Construct Concrete Pavement with Integral Curb: ThIS pay Item shall consIst of the replacement of the concrete pavmg and mtegral curb that \\ as removed under pay Item 2 2 The calculated pavement repaIr w1l1 be 96 square yards It IS conceIvable that the total square yards mstalled will be more based on the actual removal of the pavmg dunng constructIOn. Payment wIll be based on the calculated quantIty The quantIty IS calculated based on the outsIde dIameter of the RCP, plus 3 feet. ThIS allows for () 5 foot on each side for embedment and two feet at the top for pavement one foot eIther side of the undIsturbed trench The quantIty IS also calculated based on 3 25 feet of Integral curb and pavmg contIguous WIth the slotted dram. Pavmg shall be m accordance WIth the City of Coppell Standard DetaIls, WIth the exceptIon that the concrete used for pavement replacement shall be Class "F" (4200 pSI) The thIckness shall match that of the eXIstIng pavmg and the \\ ork shall be protected untIl final cunng IS attamed All sawed and constructIon Jomts shall be sealed WIth an appro\ ed sIlIcone sealant deSIgned for use as a concrete pavement Jomt sealant. Measurement and Payment shall be made on the baSIS of the pnce bId per square yard (SY) and on the plan quantIty of 96 square yards, regardless of the Width of the removal, and shall be total compensatIOn for fUn1lshmg all labor, matenals, tools, and eqUIpment necessary to complete the work. 5-4 Description of Pay Items