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DR9601-CS 960520 (3) HAL.FF ASSOCIATES INC. FAX DALLAS FAX No.. (214) 739-0095 DALLAS. FoR~ WORTH; ARLIN~1ON~ HOU~TON~ MCALLEN~ Fax to numben I ~O~/ - ..... . .......... From: ~. M. ORISTINA GONZALEZ-CRIADO, BT Number of ~g~: ] ~ (Including ~is Page) {AVO Hard Copy to ! ~'~~ FollowbyMail? ,i. DALLAS FAX! Halff Associ ares, Inc. NOTE: T'nis corm' shccl, and its a['.ackmcn'.$ arc inta'dcd ['or th= ~s= of $: ~dd..-==s~c. ~.~d Engineers. Architects, Surveyors. may e_anb~in i~romtafioe. I~ac is p~vcl~. ~nf~fi~[ ~d c~t Eom ~scl~e ~dcr Planners and Scientists. =ppli~l= law You ~ ~er~y notifl~ ~a[ ~y ~au~o~ diss~fioa, dis~budon ~16 Noffhwest Plaza Drive, or ~n~ of~ F~ is s~cLly pro~bi~. I~u ~w r~i~ ~is F~ in ~or. ~1~= ~las, Texas, 75225. n~fy HalffAss~a[cs im~iate',y ~' t=l~phon¢. ~ m[~ ~ o~Jnal ~ ~ by ma[L ~one (214) 739-0094. Thank you. '~214 739 0095 K~LFF ASSOCIATES ~002/024 TABLE OF CoNrrI~lx~S BIDDING AND CONTRACT DOCUMENTS 00100 Notice to Bidders 00110 Insauction to Bidders 00140 Proposal Form Bid Form Peffor,~ance Bond Payment Bond Certificate of Insurance General Conditions 00232 Supplementary.' Conditions 00640 Labor Classification and Minimum Wage Scale GENERAl. REQUIREM-ENTS 01001 General Proj oct Requh-ements 01104 Pnxection of the Environmem 01300 Submittals 01401 Testing LaboratoD' Services 01501 Survey SITE WORK 02110 Clearing and Cu'ubbing 02210 Excavation, Backfill and Grading 02270 Grass Seeding for Slope Protection and Erosion Control 02720 Storm Sewer TRENCH EXCAVATION PROTECTION 03001 Trench Sa.feW Systems SPECIAL PROVISIONS TO ST.,MND.4AI~D SPECIFICATIONS FOP, CONSTRUCTION A - Soil Investigation Data B - Change Order, Pay Request,. and Lien Release Forms C - Comract Addenda D - Construction DrawSngs (Attached Separately) 08:25 ~'214 739 0095 ~tLFF ASSOCIATES ~0037024 ~VlSlON 0 - BIDDLNG AND CONTRACT DOCL,WIENTS ~TION 001il0 - NOTICE TO BIDDERS S~mled bids addressed to the P~rchasing Agar, City' of Coppcll; Texas, for Ston~n Drainage lml~overnents, Lot IR, Block _9, Gateway BusLness Park, Coppel], Texas will be received in the lhsrehasing Office at the City- of Coppell Ciw Hall, 255 Park'x~%v Bouleva~d, P.O. Box 478, Cogl~ell, Texas 75019, until 10:0_0 AM on June 10, 1996, and the~ publicly opened and read aloud. Each Bidder shall submit ~-wo identical copies of this bid wifla the Cir,' of Coppell Bid No. O05-96-02 designated clearly on the exterior of the bid envelope. ~idders must submit, with their bids, a cashier's, or certified check ,_'n the amount of five percent (5%) of the maximum amount bid: payable without recourse to ~'~e Ci13' of Coppell.. Texas, or a Bid ~md in the same amount fxom an approved Surety' Company (aecox~llng to the latest :ist of companies holding certificates of approval by the State Board of Insurance under 7.19-1 of the Texas Insurancc Code) as g-a~antee that the Bidder will enter into a contract and execute bond and samrantee forms provided within tburteen (l 4) days af~"r award of contract to him. -i~ successful Bidder must furni~;h Performance and Payaaaent Bonds each in the amount of 100% of the contract price from an approved Sure~' Company holding a perm. it fi~om the State of Texas, to act as Surety and acceptable according to the late~ llst of companies holding certificates of approval from the State Board of Insurance under 7.19-1 of the Texas Insurance Code. The sueeessfial bidder must also be able to show evidence that it is authorized to do business in the $~e of Texas prior to executing the contract. I~struetions to Bidders, Proposal Forms, Specifications, Plans and Contract Documents may be obtained at the office of Fialff Associates: Inc., 8616 North~est Plaza Drive, Dallas, Texas 75225~ for a $50.00 non-refundable fee. All malt prices must be stated in both script and figures. The Owner reserves the right to reject any or all bids and to waive formalities. In ease of ambiguity or lack of clearness in stating the price in ~ bids the O,~er reserves the right to consider the most advantageous construction thereof, or to mj~ct the bid. Unreasonable or unbalanced unit price will be considered sufficient cause of mj~'~ion of any bid or bids. NO BID TR.~NSMITTED BY FAX WILL BE ACCEPTED. l~iclders are expected to inspect the site of the work and to in'form themselves regarding local conditions and conditions under which the v~ork is to be done, Anemion is called to the provisions of the Acts of the 43rd Legislature of the State of Texas and subsequent amendments concerning :he wage scale and payment of prevailing wages specified. Prevailing ,,~age rate will be established by the CiW of Coppell for this project_ Ali b~.dders must comply with the rules and reg~a~ions for the Americans with Disabilities Act o£ 1990. Complete sets of bidding documents must be used :.n preparing Bids; r. either the Cits' of Coppell or the preparer, Halff Associates, Inc., assume any responsibili~' for erro~ or misinterpretations r,suking from the use of incomplete sets of Bidding Documents. SECTION 00100 -NOTICE TO BIDDERS PAGE 1 08:26 ~214 73~.0095 ~LFF ASSOCIATES ~00~024 ~ 0 - BIDDING AND CONTRACT DOCUMENTS ~I'ION O0110 - INSTRUCTIONS 1~O BIDDERS 1. ]l~t~ed Terms. 1.1 Te,~s used in these Instructions to Bidders which are defined in the Standard General Conditions of the Comu-uction Conu-act (E$CDC No. 1910-8, 1983 ed.) have the meanings ~s~i~,,ed to th~m in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct fi'om a sub-bidder, who submits a bid to a Bidder. The term "$~.cessful Bidder" means thc lowest, qualified, responsible and responsive Bidder to whom Owmr (on the basis of Owner's evaluation and recommendation by the Engineer as hereinafter l~vided) makes an award. The ':-c~,i; "Bidding Documents" includes the in~fitation to Bid, Im~t~ctions to Bidders, the Bid Form, and the proposed Contract Documents (including all Adi~da issued prior to receipt o£Bids). 1.2 Owner: Wherever the word "O~'ER" is used in the specifications and contract ~bcuments, it shall be understood as referring to the Ci~, of Coppell, Texas. 1.3 Engineer: Wherever the word "ENGINEER" is used in the specifications and contract ~locuments: it shall be tmderstood as referring to the CITY ENOINEER or his authorized representative, City. ofCoppell, P.O. Box 478, Coppell, Texas 75019. 1.4 Project Engineer: Vfnerever the word "Project Engineer" is used in the specifications and commct documents, it shall be undemtood as referring to "HALFF ASSOCIATES, INC." 1.5 Inspector: The authorized representative of the Ci~' of Coppell assigned to observe and i~l~ct any or all parts of the work and the materials to be used therein. N<m-Compensated Contract Admini:,'u-ator: Catellus Development Corporation, 4545 Fuller Drive~ Sure 100, Irving, Texas 75038. 1. $eol~e of Work. This project is located w~ithLn and adjacent to Gateway Business Park in the Ciw of Coppell, T~. Perform Drainage Improvements as sho~aa on the consuucfion drawings and described in thee construction specifications anti contract documents including amendments, addendums and m~et~aents. Cop~ of ~idtling Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the Engineer at the offices of Halff Associates: Inc., 8616 Northwest Plaza Drive, Dallas, Texas. Complete se-ts of plans and ~l~ci~ications may be examined without charge in the offices of the Ci~' Engineer, Ci~' of Coppell, 2~5 l~arkway Boulevard, Coppell, Texas. A deposit will be required for each set of drawings and ~ll~ei~lcations as follo~: A) Bidders ma3' purchase sets of Bidding Documents for a $50.00 per set, non- refundable_ B) After awed of the contract? the Successful Bidder will be furnished five (5) sets of Contract Doeumems. Additional sets over five (5) ~II be furnished for $50.00 per set,. non-refundable. C) Subcontractors and Suppliers ma)' purchase Bidding Documents for $50.00 per set: .e,~aCTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 1 05,'2~/~ 08:26 '~211 739..0095 It~.LFF .t. SS0ClATI~$ ~]005/02-1 14. Fsfimates ~f Qua~fifies. ]'he quantities li~ed in the Bid Fom~ will be considered as approximate and w~i[l be ~sed for comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or ma'cerials f~nished in accordance with the contract. The quantity of work l~rformed and the materials required may be increased or decreased as provided for in the Contract Documents. I$. Sabmission of Bids. Sealed Bids shall be addressed to the Purchasing Agent, City. of Coppell, Texas and shall be r~:eived in the Purchasing Office at the CiB' of Coppell, CiD' Hall, 255 Parkway Boulevard, P.O. · ox 478, Coppell, Texas 75019. Bids shall be submitted at the time and place indicated in the Notice to Bidders and shall be enclosed in an opaque sealed envelope (enclosed), marked with the Project tide, the Cio of Coppell Bid No. indicated in the Notice to Bidders, and name and address ofd~ Bidder and accompanied by die Bid security and other required document& If the Bid is sent th,mush the mail or other delivex~' system the sealed envelope shall be enclosed in a separate ~v~lope with the notation "BID ENCLOSED" on the face of it. 1~. Modification and Withdrawal of Bids. 16.1 Bids may be modified or ~Mthdxavm by an appropriate document duly executed (in the m~am~ that a Bid must be executed) and delivered to the place where Bids are to be submitted at a~' ~ prior to the opening of Bids. 16.2 If, within ~,enw-four hours after Bids are opened, an>' Bidder files a duly signed, a~itten ao~ic~ with O~mer and promptly thereafter demonstrates to the reasonable satisfaction of O~-ner ~ there vms a material and substantial mistake in the preparation of its Bid, that Bidder may · ~hdmw its Bid and the Bid seem'ky will be returned. Thereafter, ti~t Bidder xdll be disqualified ~ fia-ther bidding on the Work to be provided under the Contract Documents. 17. Ibjection of BMs, Bids ma5' be rejected if they show alterations of form, additions not called for, conditional bi~, incomplete bids, erasures or irregularities of an>' kind. Bids containing any condition which p,ovides for changes in the stat~-J Bid prices due to increase or decrease in the costs of mate~als, la, or or other items required for this project, may be rejected and returned to the Bidder without ~ considered. The Or*ncr reserves the right to wa/ye any irregularities in the bids as received ami to reject any and all Bids without qualifieation(s). Ivloro than one Bid from an i~dividual, firm or partnership, corporation or association, under the same or different names, w5ll not be eoaaidered. Reasonable grounds for believing that a Bidder is interested in more than one such Bid ~ cause the reject/on of all Bids in which said Bidder is interested. Bids in which prices are o~iously unbalanced may be rejected. · ECTION 00110 - INSTRUCTIONS TO BIDDERS PAGE 7 05/20/94 08:27 ~214 739__0095 ~LFF ASSOCIATES ~006/021 l~. Olmning of Bids. Bids will be publicly opened and read aloud. An abstract of the amounts of the base Bids · nd major alternates (if any) will be made available to Bidders after the opening of Bids, and ma)' be obtained from uhe office of Halff Associates. 19. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance Ibr ninety (90) days after the day' of the Bid oimening, but Owaaer may', in its sole discretion= release any' Bid and return the Bid securi¢' prior to date. Award of Contract. 20.1 Owner reserves thc right to reject any and all Bids, to waive any and all informalities and to n~otiate contract terms with the Successful Bidder, Owner also reserves the right to reject all noncoeforming; nonresponsive, unbalanced or conditional Bids_ Also, Owner rescues the right to rejoct thc Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is u~qualified or ban doubtful £maneial ability or fails to meet any other pertinent standard or criteria e~mblished by' Owner. Discrepancies in the multiplication or ,.nits of' Work and unit prices will be r~olved in favor of the unit prices. Discrepancies between thc indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct stun. This Contract and all obligations hereunder ma)' be assigned, without recourse, to another O~r. Upon sue. ah assignment, the Ciw- oF Coppell shall be forever released from any further obli~tion under this Contact and the Contractor shall look solely t~o the new Owner for any and all obli~tions then remaining under the CoP. tract. Assignment shall not be made unless and until the new Owner has demonstrated its abiJity to assume the financial obligations ofthe Cit~ of Coppe]l under this Contract. 20.2 In evaluating Bids, Ov~aer will cov. s'ider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, mad such alternates, unit prices, completion time, ~ o~er data, as ma)' be requested in the Bid Form or prior to the Notice of Award. 20.3 O~ner rna), consider the qualifications and exper,.enee of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the ider, ti~ of Subcontractors= Suppliers, and other persons and organizmtions must be submitted as requested by ~i~ O~ater. Owner also may consider the operating costs, maintenance requirements, perfom~ance ~ ~d guarantees of major items of materials and equipment proposed for incorporation in thc Work when such data is required to be submitted prior to the Notice of Award. 20.4 Owner may conduct such investigations as Oxy. ncr deems necessal3' to assist in the ev~kmtion of any Bid and to establish the respousibili~', qualifications and financial stabili~' of ~m's, proposed Subcontractors, Suppliers and other uersons and organizations to perform and ~i~ the Work in accordance whh the Contract Documents to Owner's satisfaction within the ~_L2TION 00110 - rNSTRUCTIONS TO BIDDERS PAGE 8 05,'20:98 08:28 '~'2~.4 73! 0095 H.a. LFF ASSOCIATES ~]007,*'024 - ! l~,~cribed time. 20.5 If contract is to be awarded, it x~fill be awarded to the lowest and best quslified Bidder wt~ose evalua6.on by Ox~ner indicates to Ownet that the award ',~411 be in the best interests of the 20.6 If the co,~tmct is to be awarded, Owner ~11 give the Successful Bidder a Notice of Award ~4~hin fort?five days after the date of the Bid opening. ]1. Contract Security. Paragraph ~.1 of the General Conditions and the Supplementary Conditions set forth ~'s requirements as to Perfo{manee and Payment Bonds. When the Successful Bidder delivers the executed Aga~een-,en~ to Owner, it must be accompanied by the required Performance and Payment Bond~, each in the full amount of the contract price, naming the Ciw of Coppell as A Maintenance Bond or Bonds acceptable to the City of Coppe!l in the amount of fifty (20) p~vcent of the total contract price x~dll be provided to the Cit3' of Coppell by the Contractor and shall remain in effect un'dl two (2) years after the da~e of completion. The cost of all Bonds shall bc i~cluded in the conu'act stun. 22. Execution of Agreement When O~v~ner gives Notice ¢,f Award to the Successful Bidder~ it w'ill be accompanied by- tlae five (5) copies of unsigned eotmter parts of ;he Agreement w~th all other wriuen Contract Documents AUached. Within fourteen (14) days there~ter the Successful Bidder shall execute and furnish to the Owner five (~) original signed contracts, the required Bonds, and Certificate of I~marmace. If. vAthin fourteen (14) days after Notice of Award of thc contract to the Su¢~ssful Wielder by the Owner thc Successful Bidder has no~ prov-ided the five (5) copies of the executed eon~raet documents, the Owner ma),. at its sole discretion, declare the award of the contract null and void and upon such declaration, such award 5hall be null and void, and 'the contract may be awm, ded to the ne_x't lowest responsible bidder. The Performance Bond; Payment Bond and Maintenance Bond ~e ~o be furnishad as a IZum'~tee of the faithful perl~ormance of the work, for the protection of the claimants for labor and martials, and maintenance of work for two (2))'ears a~¢r a¢cepuuace by' the Owner. The Certificate o~' Insurance is to be furnished ~-~ a guarantee that the Bidder is covered by insurance as required by the Contract Documents. A#idavlt of Biffs Paid. The Contractor shall submit a fully' executed Wai~er of Lien - Partial, with each payment mq~est and prior to final acceptance of this project by the O~wmer~ the Conu'actor shall execute ~ a~lidavi~ that all bil]s for labor, rc, a~crials, and incidentals incurred i.'~ ~he project construction have {Mmm paid in full, and that there are ~.o claims pending. M~CTION 00110 - i-NSTRUCTIONS TO BIDDERS PAGE 9 0S.'1~,'~ 05:28 '~214 739 0095 ~LFF ASSOCIATES ~008/024 GATEWAY BUSL~,'ESS PARK PART II - GENERAL UNIT PI{ICl:. $CIiEBULE ~ ~tmatecl Unit Der, erip~on and Pfi~e in Words Price ~n Total Ko. QtmntiW Figures Amount I I L.S. Provide EroSion Control During Construction. Co~pler. e Ma!ct{al: Dollar.~ Cents $ pet' L;nit. ' Labor.' Dollars Cents $ $ per Un it. Total Bid Item #1 $ S 2 ! L.$. C¢.n:~truction Surveying, and Testing. Complete. Dollars per UniL Labor: Dollar~ Cents $ per Unit. Total Bid Item #2 TOT,LLP.t~la, TU(1THRU3) $ TOTALN£ATERIALS' $ TOTALLABOR: $ ~CTiON ~0140 - BID FOP~M PAGE 12 05.,'~0,'~ 08:28 '~'214 73{~0095 ~LFF ASSOCIATES~ ~ 009.'024 EJCDC STAND.~[~J) FORM OF BETWEEN OWNER .~u'~'D CONTRACTOR ON THE BASIS OF A STIPL'LATED PRICE TI,lIS AGREEMENT is dated as oflhe day of in ~e year 1996 by' and between the ~kv ofCuou~ll (h~r~inafler ca]l~l OX'v.,'NE~.) and 0m~inaf~r call~i CONTRACTOR). OWNER and CO]v'TRACTOI~ in consideration of the mutual covenants hereinafter ~ct f~urrh, agree as fol}ows: Ar~k.,~ I. WORK. CO.~.~'R^CTOR shall complcu-~ al} Work a.~ specified or indicau~d in the Contrac~ Docun'lcut$, Thc Work [s 8~crib,d ms follows: STORM DP.~INAOE 1MPROYEMEN'F$ Tkz l~ojcct for which {he Wo~ under ~he Conu'a~ Doom'hertz may be ~.he whole or only a p~ is -~eneraily dcsuribe, d ~ follows: GATEWAY BUSINESS PARK~ LOCATED IN THE CITY OF COPPELL, TEXAS Time l'Voj~ct h~ b~n d~migned by: Ha}ff^ssociat~, Inc. 8616 Northwest P{-~:, Drive Da{las, Texas 7522S T~ Projmct has been reviewed and a~prov~i by: Tl~e Cily Engineer, Cit~, of Coppell P.O. Box a?$ CoppeI1, Texas ?$019 who is hercinafmzr calllxl ElqGL-'CEER and v'ho is to act as O'~,q'qEP,'s representative, assume al! duties and ~msibiliticm and have the rights and authority, assigned to ENGINEER in the Contract DocurnenU; in connexion v,-i'J,. c~m~li~mion of the Work in ,,,'_~rdance with the ConUmct Documents. ~ 3. CONTRACT TIME. 3. I. The Work will Ix: comp{emed v~i~in working days from the date when :lie Conu'ac~ Time commences to run as provided in paragraph 2.3 of the General Condigons, and completed and ready for final payment in accordance with paragraph { 4.1.~ o,~ the General Conditions within ~ working days fi.on', the date when the Conu'act Time commence~ ~o run. 3.2. ~lquida{~ Do~,~ges. OW.'N[~R alld CONTR.~CTOI~ recogrii~ that time is of the essence of this agre~nen; and ri,at OWNER will suffer financial loss if the Work is nOt completed within the times ~e¢ified in paragraph 3.1 above, plus any ~-xtensious r.hcreo.~ allowed in accordance v,.ilt~ Article 12 oi' cbc General Conditions. They also ~-~o~nize the delays, expense and difficulties involved in proving in a legal or arbiu-ation proceeding thc actual }oss suffered by OV, q',IER {f the Work is nol completed on time. Acc~ordingly, instead of r~qui.~ng any such proof.. OWNER and CONTRACTOR agree that as {iciuidated damages for delay' (but not as a l~nal~') CONTRACTOR shall pa), OV~q~-ER Two I-lundrcd and lror~· and No/100 do{lars ($ :240.00) .tbr each day- that expil'~,~ at, er thc lime specified in paragraph 3.{ for Complexion until ~he Work is complete. 05~20.'95 08:29 '~214 73 0095 ~LFF ASSOCIATES ~010:024 ~ 4. CONTRACT PRICE. 4.1. OW.'NER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds m accordance with the unit prices listed in Section 00140 - Bid Form. Thc Contract Sum shall be ~e amount of $ A~i~ $. PAYMENT PROCEDURES. CONTRACTOK sh~.[1 submk App]icarions for Payment in accordance with Article 14 of the Gener~[ Conditions. .~4~l~licadons for Pa,,ffnent will be process~:l by ENGINEER as provided in thc General Conditions. 5.1. Frogr~'$ ~a3,rnct~$. O%VNER shail make progress payments on accoLtu! of the CoRWact l~ce on the basis of CONTRACTOR's Applications for Payment ~ reCottumended by ENGINEEP% on or about th~ day of each month during construction as provided below. All pro§ress payment~ will b~ on the basis of the pro§res~ of the Work me~ured by the schadu~:e of v~lucs established in paragraph 2.9 of th~ ~CnCra[ Conditions (and in the ca~ of Unit Price Work baze~d on the number of units comple~d) or, in the event there is no schedule of va[uaz, az provided in the General Rgquircments. ~.1.1. Prior to Cotuplet~on, progres~ payments will bc made in ~ amount equal to the percen~e indicated below, buL in each czse~ less the aggregate of payments prcvlons[y made and ]ess such amounts ~ ENOINEI~P, shah determine, or OWNER may withhold, in accordance with 14.7 of the ~n~ral Condkions. 95 % of Work completed. 9.5 % of materials and equipment not incorpo~a~ in the Work (but d~livcred, suitably ~.ored .nd .cc~mp"n~¢d by documentation ~a~i~['actery to OWNER ~ p~evide, d in par'~,mph 14._9 ofth~ General Con~tifiom). 5.2. F~,~I P~,t.~,~. Upon final completion and acceptance of~e Work in accordm]ce with pamgr~h ~h¢ General Co~itions, OWrNER sh~ll pray the r~maindcr of ~he Contract Pric~ az r~eomtueud~d by ENGINEER as l)~vid~d in said paragraph ~4.13. ~ 6. INTEr,EST. No in,~re~t sh~,ll ever b~ due on I~,te paymc'n'~. A~,~ 7. CONTRACTOR'S REPRESENTATIONS. I, or~r to ~duce OWNER to enter into thi'~ A~reement CONTRACTOR makes the following 7.1. CONTRACTOR haz familiarized i~eif with the am~r~ ~nd extent of the Contr~t Docum~m~ Worlc. loeali~,.~ and all loci conditions and Laws and R~gulations flint in an~' manner may affect cost, progress, p¢~fotmm~ce, or fumishin~ of the Work. 7.2. CONTRACTOR has studied carefully ~]1 ~eq)ort~ of explorations ~nd tests of subsurface condkien~ and drawings of phFsical condkions which are identified in the Supplementary Conditions as providzd in p~ralNmDh 4.2 of the General Condition% ~nd accepts ~he dm~,~uin~tion s~t fort]', in pm-as3mph SC-~.2 of the Supplementary.' Conditions of the exi~nt of ~he t~chnical dam conmine~ in such reports and dmwin§s ,,pon which CONTRACTOR is ontitled to 7.3. CONTRACTOR has oDtmi~ed and c~refuU¥ mudi~l (or a~umes re~pon~ib:.lity fu~ obminin~ and cm~fu[ly studying) all ~uch ~..,n'.'nations. ,.'nvesti~a6On~. cxplara~ion% ~$ts, repons, and studk~ (in addit'on ~upp[etuen! t~.o$¢ ,"~f-~.d to in psmgraph 7.2 a~.ov¢) which pertain to the ~,,b~urf,,c~ ar physical conditions at or conti~,,ou~ to lhe ~ite or oth~r~i~ may aff~c~ the co~t` pro§r~% p~rf~rmauce, or fumi~hln§ of the Work as CONTRACTOR consid~r~ n~c~sar~- for the per[orm~,c~ or fumishin~ of ih~ %;ark at th~ Contract Pric~, within the Contrac~ Time ~nd ~n acc~dan¢c with thc other tcrm~ and conditions of thc Conumct Docutuen~$, 05.,'20/96 08:29 ~214 739 0095 IL~LFF ASSOCIATES [~011/024 including specifically the provisions of pa~'aph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, repo~ts, studies, or similar infcrmation or data are or will be required by CONTRACTOR for such purposes_ 7.4. CONTRACTOR has reviewed and checked a. ll i~lforrnation and data shoxw or indicated on the Conlxact Documents with respect to exisling Under~round Facilities at or contiguous to :he sim and assumes responsibility.' for thc accurate [ocafion of said Unde~,_round Facilities. No additional examinations, investigations, explorations, ms]s, reports, studies= or similar information or data in respect of said Underground Facilities are or will 1lo required by CONTRACTOR in order to perform and ftwa[sh the Work at the Contract Price, within the Conlz-act Time and in accordance with the other terms and conditions of the Contract Documents, L,~cluc[ing si~ciflca]ly the provisions of paragraph 4.3 of the General Condk~ons. 7.2. CONTRACTOR has correlated the results of ail such observations, examinations, investigations explorations, tests, reports, and stu~Jies with the terms and conditions et'the Contract Documents. 7.6 CONTR_~CTOR ['~as given ENGI3~EER writ'ten notice of all conflicts, offers or discrepancies that he has discovered L,1 the Contract Documents and the wr".tten resolution thereof b.',' ENGI'NEE_R. is acceptab[e to CONTRACTOR. A~liele 8. CONTRACT DOCUMEN'I'S. '['ke Contrtl~t Documents which comprise the entire agreement bet~'eet] OVv%'ER and CONTRACTOR conccmin~ the ~voi, k con$i~ of the following: 8.1. This A~ecmcnt (pages I to _4, inclusive~. 8.2. ExJ}.ib[ts ~o this A~ment (,o~,§es _ to .~ inclusive) bearin~ thc .f'olIowing general rifle. 8.3. Performance, Payment and Maintenance Bonds and Ccrtificate o$ Insurance, identified as Exhibits ~ C and D and coasistin~ of __ pages. ~.4. Notice et'Award. ii.3. General Conditicw_s (pages i_to 33, inclusive). 8.6. Supplementa~r Conditions (p.'l~es _] to ~. k~clusive). 8.7. Specifications bearing thc title Consffucdon Specifications and Contract Docum~ts for the Conswuction of Storm Drainage [mproverncnls, Gateway Business Park, Coppell, Texas, for thc Ci_ty of' Coppell and consisting of Divisions 0 thru Diw. sions 4 and Appendix ,-%. thru D as listed in the Table of Contents thereof. ii.l~. Drawings, con sis]lng et' a co,,er sheet and sheets numbered _FP- I through EC- 1, inclusive with each sheet bearing, the following general title: Coppell Gateway Publ/c !mprovcment Disa-ict, Gateway BusJ. ness Park, Cit~' of Coppelt, Texas. 8.9 The following listed and numbered Addenda. 8.10. CONTP, ACTOR'$ Bid (pages [ to __, inclusive) m,'u-ked Division O-B[ckfixtg and Contract Documanlz, Section 00140-Bid Form. 8.1 I. Documentation submitted by CONTR,~.CTOR prior to Notice of Award (pages __ to __, inclusive) bearing the follow[ns genera3 title: 8.12. The f'ol]mvin§ which may be delivered or issued afl`er the Effective Date of the .a~'eement end are nct attached hereto: Ali Written Amendments and other documents amendin§, modify'lng, or supplemcntin~ the Contract Documents pursuant to para~aphs 3_4 and 3.5 &the General Conditions. 05.'~,'~ 08:.30 ~214 739 009.5 tLaxLFF ASSOCIATES ~012,'024 S. 13. The do~ments lis~ed h pa~g~phs 8.2 ~ ~. above ~ ~t~hed to this A~t (except ~ exp~s~ly n~ o~e~'~e abovc). ~ ~ no Con~act Doc~ents other ~ ~ose I~sted abo~e in :his A~icle g ~e Con,ct Documems m~y' only be ~. modi~ed, or ~upplem~nted ~ provided in p~grap~ 3.4 md 3.5 of~e G~eml Conditions. A~ ~. MI~ELLAN~OUS. 9.1. T~s u~d in fids Agreement which m~ de~ned in A~icle 1 of ~e General Conditions will have ~e meanic~ indi~t~ ~ the General Condit[o~. 9.2. No ~si~m~t by a p~ hermo of ~y fi~ under or intc~sm ~ ~e Con.act Documents will be b~ding on ano~er p~' hereto wi~out thc wTitzen consent of the p~y sou~t to be b~nd; and spastically but wi~ou[ l~i~on moneys ~ may become duc ~d moneys that ~e duc may not be ~si~ withou[ such con~nt (except to the e~ertt ~at ~e effect of ~[s ms~ic~ may be I~i~ ~' law), ~d uniess specifically stated ~ the con~' L~ any wriEe~ consent :o ~ a~i~n~t no ~sig~ent wili rele~e or disch~ [he ~s~or fi~m ~y duty or tesponsibili~' under the Con.ct Do~amen~. 9.3- OglER ~d CONTRACTOR ~ch bLnds kself, its p~crs, successors, ~si~s ~d legal ~pm~mtives to the other ~ h~to, i~s pa~ers, successo~ assigns ~6 legal ~presentatives ~ r~ect or all covenant, ~met~ and obligations contain~ in ~c Conwa~ ~ments. A~ 10. OTHER PROVISIONS. ~ WI~SS ~'~E~OF, O~'ER ~d C ONT~CTO~ have si~cd [his Agreement in ~pticate. One counte~ ~h h~ been deIiv~d ~ O~R, COh~'~CTOR and ENG~EER. AIl portions of~c Coast Documents have ~ si~ed or identified by O~ER ~d CONTI~CTOR or by ENG~E~R on their ~half. T~s ~eement ~ill b~ e~ve on , 19 ~R: CITY OF COPPELL CONTraCTOR: P.O, BOX 409, 255 P~EWAY BLVD. COP~LL. TE~S 75019 · Y: 8Y: T~LE: TITLE; A~ST: AT.ST: A~s for givhg aoti~s: Address ~r giv~g notices: if O%'NER is a public body, attach evideace of au:ho~fity to (If Contractor is a Coq~oration attach evi~ncc of aud~ori~,.' si~ and resolution or other documents authorizing to Sign.) e~'ecution of Agreement,) / 08:30 '~214 739 0095 KtLFF ASSOCIATES ~013..'021 EXHIBIT D BID NO. Q-05-96-02 INSUR_AN CE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT I, 8~e undersigned agent, penifi., that the insurance requirements contained in this bid document Imve been reviewed by me with the below identified bidder. If the below identified bidder is ~d this contract by City of Coppell, I will be able, within ten (10) days after bidder is m~ift~l of such award, to furnish a valid insurance certificate to the City meeting all of the r~l~irements contained in this IFB. .~t (Signmure) Agent (Print) .Nlm, ne of Insurance Carrier Add~ess of Agency City/State/Zip ~e Number Where Agent May Be Contacted Bi&l~r's Name (Print or Type) SUBSCRIBED ANrD SWOF~N- to l~'fore me by the above named on this the day of ,19 Notary Public in and for the State of NOTE TO AGENT: lit Sl~ time requirement is not met, the Ci~' reserves the right to declare this bidder non- r-~ illsibk aud award the contract to the next lowest bidder meeting the specifications. If l~ I~ve any questions eoncernkng these requirements, please contact the Purchasing ~ ~ (214) $04-3643. 1 08,20,'96 0&:31 ~214 739 0095 ~LFF ASSOCIATES ~014/024 ~TICLE 5 - BONDS AND INSURANCE Add the following after *.he second senw. ncc as follows: "Conlractor shall also furnish a rasintenance bond in an amount at least equal to $0% of the Contract Price at the time of Final Acceptance of the work. The maimenance bond shall remain in effect until two (2) years after the ~ of final acceptance." Amend t_he fourth sentence of the first para,apb by deleting "as are named in the current li~ of "companies holding certificates . . . and substituting "holding a permit from the State of Tex~s, to act as Surety and acceptable according to the latest list of companies holding certificates of ~t0roval from the State Board of Insurance under 7.19-1 oft. he Texas insurance code. ~-$.3 ~rough SC-5.5. Delete sections 5.3 through 5.5 in their entiret).' and substitute the following in lieu thereof: 5.3. Insurance Req~dred. The Contractor shall not commence work under this contract until he has obtained ail insurance required under this para,apb and Item 1.26 of the North Central T~vas Standard Specifications for Public Works Construction as amended August 23, 1990, and ~ inst~rance has been approved by the Civ.,, nor shall the Contractor allow' any subcontractor to commetace work on tiffs subcontract until al! similar insurance of the subcontractor has beer. so obt~ed and approved. 5.3.1. Condensation Instmmce. The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for ail of his employees at the site of the project ~ad in case any w~rk is sublet, the Contractor shall require the subcontractors similarly to provide '~'-o~ker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor.' In case any class of employee engaged in l~u~edous ~'ork under this con~racz at the site of the project is not protected under the Worker's Coml0eaxsation statute, the Conu-a~or shall provide and shall eanse each subcontractor to provide .~t*~[uate and suitable insurance for the protection of his employees not other~ise protected. The om~'nurn amount of insurance shall be as follows: Each Accident $ 100,000 Disease Each Employee $100,000 Disease Policy Limiz S500,000 5.3.2. Commercial General Liabiliw Insurance. Contractor shall take out and maintain d~ing the life of this conuact such General Liability Insurance (including explosion, collapses and ~und damage coverage) as shall protect him and any subcontractor perfosssaing work coved by this contract, from claims for damages for personal injury, including accidental death, as well as [zorn claims ['or property damages~ which may arise from operations under this Contract, il~ek~eling blasting: when blasting is done on or in cotmection wi~h the work of the project, whether such operations be by himself or by any subconu'actor or by any one directly or indirectly employed by eiO~er of them. The minimum araount of insurance shall be as follows: General Aggregate $1:000,000 Products - Components/ Operations Aggregate $1 ~000,000 Personal and Advertising Injus3' $600,000 Each Occurrence $600;000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) S5,000 S£CTION 00232 - SUPPLEMENTARY CONDITIONS PAGE 3 l 05~20.'96 08:31 ~214 73 0095 ~LFF ASSOCIATES ~015:024 I~nv'l~ON 1 - GE,N-EIL4~L REQUIRE,'VI[EWI'S ~TION 01001 - Gg. NERAL PROJECT REOUIREMENTS ]~i~T I - GENERAL 1.1 ~maeral: The provisions of this section of the Specifications shall govern in thc event of aay cordlict between them and the "General Conditions of Agreement" or "Supplemental General Coml~fions". 1.2 ~y.j~: The "Owacr" as ~?n~, to in these Specifications is the City of Coppell, 255 Pmio~ay Boulevard. P.O. Box 478, Coppcl], Texas 75019. 1.3 N4m-Camne.~ted Proiect Manager: The "Project Manager" for t_his project shall bc Cm~llus Development Corporation: 4545 Fuller Drive, Suite 100, Irving, Texas 75038 and their Proj~cx Engineer HalffAssociates, Inc., 8616 North~vest Plaza Drive, Dallas, Texas, 75225. I~ is understood and agreed that City and Catellus will be working closely in connection w~h ~kis project, however, to the cxmn~ this section calls, contracts or approves, any mat~er; such sl~ll be required of City only to flue extent and in the manner authorized by law. The follox~ng sh~ll define thc scope of the non-compensated project manager. A. Bidding Phase: In compliance with standard municipal requixemants, thc City shall advertise the Project for bidding. Catcllus: representing the City, will diswibu~e bid packages (including Contract Documents, Plans and Specifications) from thc offices of Halff Associates, Inc. Bids will be received in a public opening, at Coppell City Hall, by Catellus and City sta~. After the public opening of bids~ Catellus and the CiW will, ~n closed meetings, simultaneously review the bids and viii mutually select the Conuactor to whom the Project will be av,~xcled. Catellus will work with the successful Contractor and will review Conuract Documents wifl~ the successful Contractor, in compliance with all municipal requirements. Upon ['mai approval and award of the Conuacts by the City, the Project x~511 be ready for constmetion. B. Consiruction Phase: Cateilus sball employ Halff Associates, Inc. to serve as Project Engineer for the Project, as required, for the Project. Catellus shall schedule · and manage precom;truction and v, eekly eonstmctior, progress meetings between Project Engineer and Contractor. Catellus shall provide written progress reports to · ,he City on a bi-we~y basis. Catellus shall obtain all progress lien v, aivers from Contractor and shall review and approve all progress pay requests submitted by the Contractor and Project Engineer and shall submit these requests for payment by thc City_ P~'ment checks shall be forwarded to Catellus for deliveo, to the Project Engineer and Contractor. Catellus shall review and approve any requested change orders or field changes and shall submit them for approval and payment by the Ci~'. Upon completion of construction of the Project, Catcllus shall approve Project construction, shall obtain final lien waivers from the Contractor, shall obtain final pay requests and shall submit pa)' requests to t~e City, for approval and payment. C. The C:.ty's obligations and responsibilities, a_q related to the Project, are as follows: 1. Desitn Phase: The City shall review and approve Project Design Plans and Specifications, as submitted by Catellus. ~CTION 0 ] 001 - GENERAl. PROJECT REQUIREMENTS PAGE 1 / 05.,'20.'98 08:32 ~'214 739 0095 K~LFF ASSOCIATES ~015,'024 2. Biddin_~ Phase: The CiD' shall accompany Catellus in the receiving, opening and recording of bids and shall review the bid submittals and select the successful Contractors with Catellus. 3. Construction Phasic: The City, shall accept, review and file all Project progress reports, inspection reports and tezting results. The City shall r~4ew and approve all progress payment requests and shall submit payment approval to NafionsBank Trust Department for payment in a timely manner. The City shall review and approve change orders or field changes submitted for approval by Catellus. An}, change orders or field changes up to $15,000.00 will be approved by City Staff. Any change orders or field changes exceeding $15,000.00 will require the approval of City Council. The Ci~' ,hall review and approve the final pay requests and obtain, in a timely manner, the City Council's approval of thc final payment and shall then submit payment approval to NationsBank for payment in a timely manner. The Cil~' may, at any time, attend construction meetings or inspect the work, but the City shall not without muse, delay the progress of the Project. 1.4 Ih'~et Engin~r: The "Project Engineer" as referred to in these Specifications is Half[' A,~ociates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas, 75225. 1.~ [~llilll~: The "Engineer" as referred to in these Specifications is the Cits.' of Coppell, 255 l~k'~av l~oulevard, P.O. Box 478, Coppell, Texas 75019. 1.$ 8~: The Contractor shall limit bis work to the area shown on the Project DrawSngs as a~hin the street right-of-way and ut(lity easements. Entrance onto private property, shall be at the · ~l~eSS*d approval of the City Engineer only and the Non-Compensated Project Manager. 1.7 l~rll~t ]l)~cripfion: This Contract consists ofcon~hacfion of drainage improvements and other misc~llaneo~ improvements a:; shown in the construction documents. Completion for this project ~ill include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an ot,~l~y manner and appearance, completion of any other work required by the Contract Documents, ~1 acceptance by the City- of Coppe[1, Texas, and the Non-Compensated Project Manager. 1.8 W~'khlg l[hly Count: Working days shall be counted by the Engineer on the basis of the &~[mi~ion ~t out in the General Conditions of Ag~-eement. The working day coum shall be suspended upon receipt by the Engineer of a written request [or ~ inspection. The working da,',' count shall resume upon receipt by the Contractor of a v,,riwn list of items necessary to satisfactorily complete the project. This process shall continue civil such time as the project is accepted by the Engineer and the Non-Compensated Project 1.9 lt~il~re to Comnlete Work on Time.'. The time ~x forth in the Contract for the completion of wot, k is an essential element ofuhc Contract. A Breach of Contract as to completion time of each wori~ng d~y count bid wilI cause damage to the Owner, but such damages cannot be measured and lxhe meertainment will be difficult. Therefore, for each and every cale~dar day any work, or any l~ion thereof, shall rema/n uncompleted after the expiration of the time limit set under this coUrts-'t, or as extended by the Owner, the amount of $240.00 per calendar day (unless otherwise ~m~fied in the General Conditions) will be deducted from the money due or become due to the Co~aact, not as a penalty, but as liquidated damages, and added expense including administrative $1ECTION 01001 - GENERAL PROJECT REQLrlREMENTS PAGE 2 / 05.'20,'95 08:33 '~214 739 0095 K~LFF ASSOCIATES ~017,'024 and inspection costs. 1.1~ ~l~.i Pr~.autions: The Contractor shall comply with all applicable laws including the OcculmUOmd Safety and Health Act of 1970, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safe~' of persons or propert3, to protect them from damage, imjur~', or loss, He shall erect and maintain, as required by existing conditions and progress oft. he work, all reasonable safeguards for safeR' and protection, including posting danger signs and other winnings against hazards, promulgating safety regulations arid noti~'ing owners and users of adjacent utilities. IAI ff~! l,,v~'-ation: A copy of the geotecb, rfical report prepared for the project is included in lt~ Appendix. The Owner does not repre~mt that the available records show completely the existing conditions and does not guarantee any interpretations of these records. The Contractor wumes all responsibility for interpretations of these records and for making conclusions as to the mm~e of materials to be excavated, the difficulties of making and maintaining the required exonerations and of doing other work affected by the geology of the site. 1.12 Iri~i~hed Gr~r~es: The Contractor shall be responsible tbr grading to plus or minus 0.10- f~t to conditions existing prior to beginning construction. 1,1:} C--formit~' with D.r.awinc, s.: All work shall conform to the lives; ~ades, cross-sections, a~l dimensions shown on the Drawings..~ny doviafion fi.om the Drawings which ma)' be required by tl~ exigencies of construction ~s{ll be determined by the Engineer and authorized by him in writi~. 1.14 ~ Work Order: If the work should be stopped or suspended under any order of thc coca't, or other public au-.hority, the O~a~er may at an)' :ime during suspension, upon seven days vtrit,~n notice to the Conu-actor, terminate the Contract. In such an event, the Owner shall be liable c~lv for payment for all work completed plus a reasonable cost for any expenses resulting from the te~mi~tion of the Conwact, but such expenses shall not exceed S5,000. lAS '{g~t'=rnin~, l~evices: The Contractor shall have the responsibility fbr providing and m~taining all warning devices and take all precautionary measures required by law to protect l~$Ons and property, while said persons or property are approaching, leaving or ~4thin the work si~e or any area adjacent to said work site. No separate compensation will be paid te the Contractor for ti~ installation or maintenance oF an)' warning devices, barricades, lights, signs or any other l~mCautionary measures required by law for the protection of persons or property. The Contractor shall assume: all duties owed by the appropriate City to thc general public in cam~ction with the general public's immediate approach to and travel through the work site and ~,~ ~djacem to said work site. Where the work is carried on, in, or adjacent to, an), street, alley-, sidev,alk: public ri[bt-of-~vay or public placo, the Conlractor shall at his own cost and expense provide such flagmen ami watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and o~r precautionary mea.~ures tbr the prowction of persons or property as are required by law. The Contractor's responsibility for providing and ma/ntaining flagmen, watchmen, x~aming devices, berrioadcs, signs, and lights, and other precautionary measures shall not cease until the project shall h~ve be~n accepted. SEC'lION 01001 - GENE1L&L PROJECT REQUIREMENTS PAGE 3 05/20,'96 08:$$ ~214 739 0095 ~LFF ASSOCIATES ~018/024 If the Engineer discovers that the Contractor has failed to comply w/th the applicable f-~lztal and state lam' (by failing to fxtmish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or pwpert.~), the Fa~er may order such additional precautionary, measures as required by law to be taken to l~O~Ct persons and property, and to be reimbursed by the Contractor for any expense incurred in odming such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property, due to the failure oi~ warning devices, barricades, signs, lights, or other l~mm~tiomry measures in pwtecting said property, and whenever evidence is found of such ~l~m~e, the Engineer may order the damaged portion immediately removed and replaced by and at ~he co~t and expense of the Contractor. All of this work is considered incidental and shall not be a ~m'~te pay item. The Contractor and his suret:es shall/ndemm~, defend and save harmless the Ov,~aer and 1/m Non-Compensated Project Manager and all of its officers, agents and employees fiom all suits. ~ctions or elalm~ of any character, name and desca-iption brought for or on account of any injuries or ~es received or sustained by ;my person, persons or property, on account of the operations of ~ Co~tor, his agents, employee:~ or subconWactors; or on account of any negligent act or fault of ~he Comraetor, his agents, employees or subcontractors in the execution of said contract; or on ~ou~ of the failure of the Con~xactor to provide the necessary barricades, warning lights or signs; reel ~b~ll be required to pay any judgment., with cost whid~ may' be obtained again~ the O~er ~d/or the Non-Compensated Project Manager growing out of such injury or damage. l.l& [~bting Utilities. Structures. and Other Property: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas, sewer, electric, telephone, telegraph, television, and other underground utilities and structures. b. A.~er commencing the work: use every precaution to avoid interferences with existixxg underground and surface utilities and smmtures, and protect them fi, om damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are genea'ally approximate, and all items which ma5' be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. Thc Conu'actor shall repair or pay for all damage caused by his operations to all existing utilities, public propertl,.', and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of his operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate ali utility removals, replacements and construction with the appropriate utility company. 1.17 ]]llll~lag~: The Contractor shall maintain adequate drainage at all times. The Contractor shall not commence work under this Contract until he has insurance required hereunder and such insurance has been filed with and approved by.' x~c Non-Compensated Project Manager and the Owner. Approval of the insurance by the Non- Compeasated Projec~ Manager and the Owner shall not relieve or decrease the liabilit3~ of the ~CTION 01001 - GENERAL PROJECI REQUIRF~MENTS PAGE 4 / 05~20/9~ 05:34 ~214 739 0095 K~LFF ASS0¢IATES ~019:024 Before commencing the work, the Contractor shall furnish the Owner with a Certificate of ln.~r~nce shoving the company or companies carrying the aforesaid coverages with the effective d~e m~d expiration date of said policies. Certificates shall provide that Or,ncr be given not less ~ fifteen (15) days v~riRen notice of any cancellation or changes that affect the coverage. If the exp/r~ion date of such insurance occurs during the term of the Contract, renewal Certificates shall I~ furni~¢d not less than fifteen (15) days before such expiration date. 1.19 ]~lllll~: The Contractor shall, at his expense, secure all permits required for the com~letin8 of*_he improvement under this project, including but not limited to a NPDES permit. Not~: The 2% construction permitting, inspection fee required by the City, of Coppell does not ~l~ly to this project. 1.;l~ ~ In case of ambigai~, or lack of clearness in stating prices in the Proposal, thc Owr~r reserves the right to adopt the most advantageous construction thereof to the O~mer or to ~,~ct/~e Proposal. 1J! G~erni.,~, Documents:. This work shall conform to the requirements of these Slmcifications and the details as shown on the Drawings. These Contract Documents are intended m be complementary. Requirements vf any of the Contract Documents are as binding as if called /or by all. In the event of conflict benveen the Drawings and the Specifications, the Contractor will be ~ed to have assumed the more expensive way of doing the work unless, before submitting a bki, Ihe Contractor shall have asked for and obtained Coy addendm) a decision as to which method or m~rial is intended. All work shall conform to the City of Coppell Standards and Specifications. The North Central Texas Council of Governments (N_C.T.C.O.G.) Stana~,d Specifications for Public Works Cc~amaction are the governing specifications for this conu'act and are applicable in all cases except m neted herein and as amended by the City of Coppel[, Texas, and by HalffAssoeiams, Inc. in the $l~:ial Provisions m Standard Specifications for Public Works Construction contained herein. W'hem N.C.T.C.O.G. Standard Specifications do not adeqv_~*,qy describe mterial methods of construction, ancVor workroan~hip, the appropriate City Standard Specifications ,hall govern. The Contractor shall provide :~ copy of N.C.T.C.O.G. Standard Specifications to be kept on the project site at ali times. 1.12 l~--'":~,',-i 'n~tion: The Contractor shall not discriminate against any employee or ai~plicant for employment because of race, age, color, religion, sex, ancesmy, national origin, or ~ of bi,th. The Contractor shall take affirmatix, e action m ensure that applicants are employed, m~l ~,~ employees are treated during employment,. ~,Sthout regard to ~heir race, age, color, religion, ~x, ancestry, national origin or place of birth. This action shall include, but not be limited to, the fo#owing: employment, upgrading, demotion or termination; rates of pay or other forms of c~s~tion; and selection for training, including apprenticeship. The Contractor agrees to post in coml~icuous places, available to employees and applicants, notices to be provided by the Owner ~i~ forth the conditions of this nondiscrimination clause. The Conlxactor shall in all solleitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for .~. yment wSthom regard to race, color, religion, sex, age, ancesaS', national origin, or place of The Contractor shall furnish ail information and repons required by the Owner or his designee to investigate his payroll ,md personnel records which pertain to current construction SECTION 01001 - GENERAL PROJECT REQUIRE.MENTS PAGE 5 / 05:20.'96 08:$5 ~'214 759 0095 ~LFF ASSOCIATES ~020/024 co. facts with the O~er for purposes of ascertaining compliance v~th this equal employment ol~ort~fiW clause. The Contractor shall £1e compliance repons ~Sth thc ~ngineer as may be requ/red by the No~-Compensatcd Project Manager and/or thc O~,~ner or their agems or assigns. Compliance r~orts must be filed within the time, must contain intbrmation as to the employment practices, policies, progxmns, and statistics of the Contractor, and must be in the form that the Oxx,~er or his cleaignec prescr/bcs. If the Contractor fails to comply w/th thc equal employment opportunity conditions of this co, tract, it is agreed that the O~ner, at its option, m~' do either or both of the following: a. Cancel, terminate, or :;uapcnd thc contract in whole or in part; b. Declare the Contractor ineligible for further contract until he is determined to be in com,qiance. 1.23 .~e~e/~l~rv Wot}t: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans: the General Conditions, Supplemental C_,eem~ Conditions, or these Special Conditions, in which no specific item for bid has been l~rovieled for in the Proposal, shall be considered as a subsidiary item of work, ~he cost of which shall be included in the price bid in the Proposal, for each bid i~em. Surface restoration and cle~e,-up are general items of work which 'fall in thc category, of subsidiaq- work. 1.24 ]{l~/e~e of I,¢~p: Thc Contractor shall be required to execute mechanics and materialmen's li~m relents upon receipt of payments. 1.~ ~ Payment w/ll be made for ~,ork completed on a monthiy basis. The Contractor ~ submi! monthly payment requests .re.--a-d ,e~iled Item by Izem format safisfacto~' !o the E~i~sec Append/x ]3). Ten percem (10%) w{ll be retained until all work under the Contract is com~lctcd and accepted by Engineer, Non-Compensated Project Manager and Ov,~er. Only after f,~al completion and acceptance will the final- estimate be submitZed and final payment be made. l~roj~et Record Documents: =- Description The Conlractor shall moJ~tain at thc site for the Ov,mer's permanent records one copy. of: : ' 1. Drawings 2, Spccification.~ Addenda 4. Change Orders and other Modifications to the Contract 5. Shop Drawings, Product Data and Samples 6. Field Test Records b. ,¥1aintenance of Documents and Samples Documents end samples shall be stored in Con~ractor's field office apart from documents used for construction. 2. Documents shall be maintained in a clean, d~, legible condition and in good order. Record documems shall not be nscd for construction purposes. SECTION 01001 - GENEtLAL PROJECT REQLqREMENTS PAGE 6 05./20/)~ 08:35 '~21~ 739 0095 EALFF ASSOCIATES ~021,'024 Documents and samples shall be made available at all rimes for inspection by Owner. e. Rseordlng 1. Each document shall be labeled "PROJECT RF. CORD" in nest, large printed l~t~. 2. Infmm,~ shall be mcord~ concutzently wid~ ~on ~. -- No work sludl be concealed until required infor~,,~on is moarded. 3. Drawings shsl! be legibly maxked to ~ actual oonslmotion sa foUows: a. Depths of various elements of foundation in ~b~n,~ to ~nish slab b. Localion of ~ concealed in Ihe coustn~'don, referenced to visibl~ ~nd aeceesible fl~na~ oflhe structure. e. Changes of dimms/ons ~md de~. d. Chan~ made by Chsn~e Order. 4. Each specific~on nnd nddendn section shnll be legibly nmk~ 1o record: a. Ms,~-¢naurer, trade .nme, catalog number and supplier of each product and item of equipment actually instnlled. b. Cha~es made by Field Order or by Chan~e Order. 1. At Contract close-out, Record Documents slmll be delivered to Owner. 2. Sub~;~l.~ skmll be ~c, coml~mied with tnmmitUd letters in duplicate, b. Project title nad number c. Contractors name and ~ d. Title and number of'e~h Reexad Document ·e.Sil~nature of Contzaeior or his authorized rept~,,,ltali~ 12'/ ~: The Project Field Office shall be established at a loc.~ion to be -~ '~'~J :~' "' -~ ~' /~u-~-.- /,~.~.'-' /' l,~ ]~1[~[~ gm' Conatl'~gon: All utilities reqtiired for conslr~tlon will be fumisbed by the J.3~ IEg:ikSLbt-ra-vL l~g,,dtys & gl,rid%rs; When work must be I~rformed on these days tbs Contractor must request permitqinn to work to the F,,$ineer at. least 48 hours in mivance. The Coe~actor shall best the entire cost of inspection (4 hour minimum) for this work with said amount m b~ wilM~d from any monies to be due or to become due io the Comractor upon completion of · is conlract. Any addilional costs associ~_,~d with workin~ on these cl~s ~ be borne by the C~meae~or. No work will be allowed on Sundays. ~gL"TIOl~' 01001 - GENERAL PROSECT REQU[ 'REMENTS PAOE 7 0~/~8./~ 05:$8 ~4 7, 00~$ RALFF ASSOCIATES ~0~/0~4 1..~ ~ ,e,,,,~.,~,: Maledal$ may be stockpiled on site at locations approved by tlxe Owner emi ~ Non-C, omr~tecl Project Managc~. The storage site shell be determined at the prc- e~mst~aclio~ meeting d~cr the award of contract. The Conlracux shall be f~lly and lc/ally responsible for safeguarding materials within ~ sit~. Tbs Conh'aotor and his sureties shall imlemnif-y, defe~l and save harmless the Owner ~ ~e Non-Compeaaai~ Project Ma~qp:r and all oflheir officers, agems and employees from all se/~, acliom or claims of any characler, name and dcscription brought for or on accotmi of any loss al ~his loc~ion. Before any flammable liquids or fueI is ~..trj~.,.rted into die City or s~'ed wiihin ~he City lis/a,/~e Conlrector shall coraact the respective City l:ire Marshall for ~ny N:plicable r~ulsiions. If necessimed, Conlrac~or, at his expense, shall erect a temporary fence and ~wre materials ice/de of~he fenced area. The Conlrac~or shall maintain ~ storage arm in a neat and ordcrly manner. Prior to final escq~snce of the project by fl~e owner ~hc areas used for siorin~ petroleum l~0duc~ on ~ area ~ slgils may have occurred will be i~ by owners r6picscatalive to dele~nine if testing ~ Teml l%a~,le,,,~ Hydrocarbon (T.P.H.) is necessary. · T.P.H. in excess of 100 mi/kg (ppm) ,hs~ be excava~l and disposed of in accordsnce wi~h ~ of ws~c main'his, rubbish, debris, e~c. caused by hl, opemilons. Wsste v~,~,risls, ~ debris, eic. shall be cleaned up daily and removed from the pro~ec~ si~e at least once a ~ No l~ymcni will be made for this work, its cos~ bcin~ subsidiar~ to ~ entire project 1..~ ]~l~sd of Waste sod S,,,'~,,- F.-,'-v-~i,,~: All waste rnsmials removed during ~ including b~ not limited m old pavement, subgrad¢ malerial, Irecs, shrubs and other ~. u~l_~__- otherwise nord will become the peoper~ of the Contractor and be disposed of offsite b~' ~ ~t his own expense. 1.~ ~][~ll~'-'w~-,~fl~.-*-,la[l: No mam'ial which has been used by the Conusctor for any ~be ~r~se whatever ~s to be incoqx, rated in thc completed work without written =sent of ~..~ ~i~of~: Pcrmission of the En~ineer must be ob~ined fc~ mmoval of trees es ~ ~ tha~ obsm~ the ~r,,-din$ or other im.,xovemmts ~s o~t!ined in this project....When. l~ee~seion shall be $500.00 esch, payable ~o ~he Owner. If damage is continuous, tree $~ds shall ~e ~ wh~ so directed by the Bn~ineer at d~e Co~tractm's expense. I.~ ~'~tCom,'ol: A Storm Water Pollution Prevention ~ (SWP3) for this -- -,~[~. un~-r the authority ofth~ Clcaa Wa~r Act. 33 U.$.C. 1251 et seq. This s~tion r~quir~ s p.~nk for condition activities including cleming, Ip-ading and excav~ion ~,,t disturbs five roms or more of total land ar~ or is tmrt of · lar~er development plan. The Contr~r will be Stol,ii, sd to submit ~ Notice of lnten~ (NOD as a co-permitt~ with th~ City of Coppell at least two ('2) ~-ys prior to the ~ent ofcon~hdction. T~ Contractor shall provide on the plan measures to control soil erosion, sediment and ~L'TION 01001 - OENERAL PROJECT REQUIRE~ PAOE $ 08:37 ~'214 7, 0095 BALFF ASSOCIATES ~ pollution crmmd by construction operations during hhe duration of the contract At a ' ' ~he Conh, acior r, lmJl divert off-sile flow3 around the conslnic~ion ~ or construci and msh~ Jmy beles md/or silt f~nces around all erodible stockl~es such as ex~ marmial, Mg~oil stockpiles, sand and ~lbe/hncnt stockpiles. The Conlraclor shall not ~llow petroleum ~ to b~ disch~i onto tlm ground or any surface where it will c'ventually Im washed into J~e storm sewer system. Si~,,, Waler Pollution Prevention means and methods shall conform to thc Mquiremenu of ~he NCTCOG manual ~orm ~at~r ~ualft~ lbsi Maaapr~ Practicf.~ for CoAslructto~ ,~cliviti~s. First Edilion, Febma~ 1993 and ~he Stav_4_,,_,d Specific~ions. No lmyrne~ will be rv,O~ for this work, its cost being subsidiary to the emire project. Tmj~md silt will be removed when i~ reaches a depth of six inches. Msirmman~ of the erosion mmml device includes rephcemem ss directed by the Ensineer st no sdditioml cost to the City. All oquipmenr, ~s and labor necessary to ccamol soil erosion for this contract shall be ~ it': ~,to~hceut~project. Not sppliosble Not 8pplic~bl¢ 4.1 Paymm~ for ~he work described in ~his section shall be mmic only if tiJeir is a specific item md s~l~idiary ~o th~ various bid itemsand~ ms~ untl~ specific pay i~em~ shall be o0o ~,CTION 01001 - GENERAL PROJECT REQUIREMENTS PAOE 9 05/~0/~ 08:37 '~214 0095 RALFF ASSOCIATES ~024/024 ~ 1 - GENERAL REQUIREMENTS ~ m401. T~T~NG L~ORATORY SRR~ ~ O~ CO~ONS. S~PL~~Y CO~ITIONS, ~ ~li~]e 1.1 ~E: ~s ~on ~v~ ~ f~ of ~1 ~r, ~al% ~ ~~ ~ IA ~~ON, ~0~, ~D PA~: ~ i~~ 1~ ~11 ~ ~ ~ ~ ~n~r ~ a~o~ of ~ NON~O~SA~ PRO~ ~AG~ ~ ~ ~ ~O~. ~ C~r ~1 ~ ~1 ~m of~ la~ ~. ~R~t ~ ~ l~)ra~ ~1 ~ copi~ of~ ~ w ~e folly: 1. PRO~T ~GIN~ 1 ~ 2. CON~OR 1 ~ 4. ~0~ 1 ~ ~.C.T.C,O.O. S~ S~ifl~io~ ~ ~bl~ Wor~ Co--on. ~ ~ ~ ~ ~n ~s of ~m ~ ~ ~ ~ to ~ ~ ~ or ~ ~ obl~ ~ ~ m~, ~ ~ ~,~ ~ ~& ~1 ~ ~v~ ~ ~ ~ ~ ~n*ible. ~ ~ ~~ ~1 provid~ a ~n~e ~!~ for ~ ~s ~, ~ ~ ~~e ~, ~1 ~ ~ ~ ~ S~ S~~ f~ ~li~ W~ C,-- ~ ~on f~ N~ Cm~ T~ ~d~ I~ ~.8.6 ~ I~ 7.4.~, ~ml~ ~ ~ ~ ~ CyliM~ ~1 ~ ~ ~ c~ ~ ~d~ ~ AS~ C31-~, ~ ~ ~ ~ by ~ C39-g4, or the 1~ ~sio~ ~f, ~s ~ ~ ~ ~ ~ CO~~OR ~y have o&~ cy~ or ~ ~, ~ h~ ~ m ~e ~ ~ ~r f~ ~ov~. ~ ~L COCA. ION: ~ ~g ~ ~ ~e ~ of ~-p~ d~F in ~ ~& ~ D2922-81, ~ ~in~ ~ by ~ ~NO~ ~ ~ mi~ ~ of ~ ~ ~ ~r ~ I0,~ ~ t~ ~ li~ ~ o~ ~ ~ ~e ~O~ 01401 - TESTING LABORATORY SERVICE PAGE 1