DR8801-CN 880824CITY OF COPPEL, L
APPROVED FOR GENERAl.
MANCE ¥0 'rile CITY Of CFI~'PELL
STANDARDS
THE GEi~iERAt ~,PPROVAL ~()ES
RELtEV~ TH[ OWNER t~N~I~[TEF
CONTRAOTO~ FR{.I~ CO~P~ ~INg WITH
ALi SPECIFK R[~UiR[~'NT~
C!T~' ~ COPPELL SUBUIVlSION OR'
t
CITY OF COPPELL
Contract Documents and Specifications
for the Construction of
DRAINAGE IMPROVEMENTS ON BETHEL ROAD
from Postal Site to Freeport Parkway
Prepared by
DeShazo, Starek & Tang, Inc.
Dallas, Texas
August 1988
TABLE OF CONTENTS
Cover Page
Table of Contents
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
00020 - Advertisement for Bids
00100 - Instructions to Bidders
00110 - General Instructions for Bonds
00300 - Proposal and Bid Form
00q00 - Bid Bond
00500 - General Conditions of Agreement (GC-1 thru GC-I~)
00510 - Standard Form of Agreement (SF-1 thru SF-2_
00600 - Performance Bond - PB-1 thru PB-2)
00610 - Payment Bond (PB-3 thru PB-~)
00630 - Certificate of Insurance
00650 - Special Conditions (Supplementary Conditions)
07000 - Standard Specifications
07500 - Special Provisions
DeShazo, Starek & Tang, Inc.
Engineers · Planners
330 Union Station · Dallas, Texas 75202 · 214/748-6740
October 19, 1988
Mr. Russell Doyle, P.E.
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
Re: Bethel Road Drainage Improvements
88157.04
Dear Mr. Doyle:
At your instructions, attached are six sets of the following:
1, Contract documents as bid;
2, Engineering plans and details.
Please seal the attached "APPROVED FOR CONSTRUCTION." Two
sets of the sealed contract documents and plans can be forwarded
directly to Steve Morton. The remaining documents and plans
should be directed to DeShazo, Starek & Tang, Inc. for further
handling.
Please do not hesitate to Call if you have any questions.
Sincerely,
~oF.
DiFector, Ci~,[j Engineering
CLS/np
encl
CC:
Alan Ratliff, City of Coppell
Wayne Ginn, Ginn, Inc.
Steve Morton, City of Coppell
SECTION 00020 - ADVERTISEMENT FOR BIDS
Sealed proposals addressed to the CITY OF COPPELL, Texas for
Drainage Improvements from POSTAL SITE TO FREEPORT PARKWAY will
be received by the Office of the City Secretary at the City of Coppell
Town Center Hall, 255 Parkway Boulevard, until 10:00 a.m., August 26,
1988, and the publicly opened and read aloud.
The Instructions to Bidders, Proposal Forms, Forms of Contract,
Plans, Specifications and Forms of Bid Bond, Performance and Payment
Bond, and other contract documents may be examined at the following:
DeShazo, Starek $ Tang, Inc.
330 Union Station
Dallas, Texas 75202
(214) 748-6740
Dodge Reports
1111 W. Mockingbird, #1200
Dallas, Texas 75247
(214) 630-6111
Texas Contractor
2510 National Drive
Garland, Texas 75041
(214) 271-2693
Associated General Contractors
11111 Stemmons Freeway
Dallas, Texas 75229
(214) 358-5357
Copies may be obtained at the office of DeShazo, Starek S Tang,
Inc. for a payment of $35.00 per set, non-refundable.
The Owner reserves the right to waive any informalities or to reject
any or all bids.
Each bidder must submit two Original Bid Proposals and deposit with
his bid, a security in the amount, form and subject to the conditions
provided in the Instructions to Bidders.
PRINCIPAL ITEMS OF WORK INCLUDED IN THIS PROJECT ARE:
Installation of precast or cast-in-place box culvert as shown on
the plans. Work includes lowering of a 16" concrete cylinder
water line, construction of a detour and other miscellaneous
items for a complete-in-place installation.
/Date
Advertisement Date: August 12 and 19, 1988
SECTION 00100 - INSTRUCTIONS TO BIDDERS
PART 1: GENERAL
1.1 GENERAL
A. Defined Terms: Terms used in these Instructions to Bidders
which are in the General Conditions of the Construction
Contract, have the meanings assigned to them in the General
Conditions.
Owner: Wherever the word "OWNER~ is used in the
specifications and Contract Documents, it shall understood
as referring to the city of CoppeII; Coppell, Texas.
Engineer: Wherever the word "ENGINEER" is used in the
specifications and Contract Documents, it shall be under-
stood as referring to DeShazo, Starek & Tang, Inc., 330 Union
Station, Dallas, Texas 75202; phone (214) 748-6740.
I~t~r: The authorized representative of the City ~f
Coppelliiiassigned to observe and inspect any or all parts of
the work and the materials to be used therein.
Bidder: An individual, firm or corporation or any
combination thereof, submitting a proposal.
Contractor: The individual, firm or corporation or any
combination thereof, party of the second part, with which
the contract is made by the City of Coppell,-Texas.
Superintendent:
authorized to
Engineer and
construction.
The representative of the Contractor
receive and fulfill instructions from the
who shall supervise and direct the
Be
~ocuments: Complete sets of the Bidding Documents may
be obtained from the Engineer upon receipt of the required
payment as stated in the Advertisement for Bids. The
payment is non-refundable. No Bidding Documents will be
issued later than two (2) days prior to the date for
receipt of bids. If requested, Bidding Documents will be
mailed upon receipt of the required payment, plus a
$5.00 handling and shipping charge.
Plans and specifications may be examined at DeShazo, Starek &
Tang, Inc. and copies may be obtained upon providing the
required payment. No partial sets of plans, specifications
or proposal forms will be issued.
Sec. 00100
1
Complete sets of Bidding Documents shall be used in
preparing Bids; neither Owner nor Engineer assume any
responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
De
Discrepancies: should a Bidder find any discrepancy,
ambiguity, inconsistency, error or omission from the
drawings, specifications or project manual or of the site
and local conditions, or be in doubt as to their written
meaning, it is requested that the Bidder promptly notify the
Engineer who then will send a written instruction or
interpretation to all known holders of the documents.
Neither the Owner nor the Engineer will be responsible for
any oral instructions.
Addenda: Any addenda to the drawings, specifications, or
project manual issued before or during the time of bidding
shal~ be included in the proposal and become a part of the
contract.
Addenda will be mailed or delivered to all Bidders receiving
a complete set of Bidding Documents.
No Addenda will be issued later than four (4) days prior to
the date for receipt of bids except an Addendum, if
necessary, postponing the date for receipt of bids or
withdrawing the request for bids.
Each Bidder shall acknowledge on bid proposal that he has
received all Addenda issued.
Substitutions: The materials, products and equipment
described in the specifications and/or shown on the drawings
establish a standard or required function, dimension,
appearance and quality as required by the Engineer. NO
SUBSTITUTIONS WILL BE CONSIDERED DURING BIDDING.
.~DING
Method of Bi~4ing: The proposal provides for quotation of a
price, or prices, for one or more bid items, which may be
lump sum bid prices, alternate bid prices, or a combination
thereof. No payment will be made for items not set up on
the proposal, unless otherwise provided by contract
amendment. All Bidders are cautioned that they should
include in the prices quoted for the various bid items all
necessary allowances for the performance of all work
required for the satisfactory completion of the project.
Sec. 00100
2
Subcontracts: The bidder is specifically advised that any
person, firm or other party to whom it is proposed to award
a subcontract under this contract must be acceptable to the
Owner. It is further required that the name of the
mechanical and electrical subcontractors and any other
listed subcontractor be noted on the proposal form in the
blank space provided. Failure to list these will be
sufficient grounds to reject the proposal.
1.3 BID SECURITY
Ae
Bid Security shall be made payable to the City of Coppell in
an amount of five percent (5%) of the Bidder's maximum Bid
price and in the form of certified or bank check or a Bid
Bond issued by a Surety Company holding a permit from The
State of Texas to act as surety.
The Bid Security of the Successful Bidder will be. retained
until such Bidder has executed the Agreement and furnished
the required Contract Security, whereupon it will be
returned; if the Successful Bidder fails to execute and
deliver the Agreement and furnish the required Contract
Security within fifteen (15) days of the Notice of Award,
Owner may annul the Notice of Award and the Bid Security of
that Bidder will be forfeited. The Bid Security of any
Bidder whom Owner believes to have a reasonable chance of
receiving the award may be retained by Owner until the
sixty-first day after the Bid Opening or until a contract is
awarded. Bid security of other Bidders will be returned
within thirty (30) days of the Bid Opening.
1.4 OUALIFICATION OF BIDDERS
A®
To demonstrate qualifications to perform the Work, each
Bidder must be prepared to submit within five days of
Owner's request written evidence of the types set forth in
the Supplementary Conditions, such as financial data,
previous experience and evidence of Bidder's qualification
to do business in The State of Texas or covenant to obtain
such qualification prior to award of the contract.
Be
Additionally, all Bidders shall be prepared to show that
they are skilled, experienced in, and have been reqularly
engaged in the type of construction involved and that they
have the necessary financial resources to finish the Work in
a proper and satisfactory manner in the time specified.
The Engineer and Owner reserve the right to require
documented evidence of the foregoing from the Contractor
prior to award of the contract.
Sec. 00100
3
1.5
EXAMINATION OF CONTRACT DOCUMENTS AND SITE
Conditions of Work: Each Bidder must fully inform himself
of the conditions relating to construction of the project
and employment of labor thereon. Failure to do so will not
relieve a Successful Bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
his contract. Insofar as possible, the Contractor must
employ methods or means to cause no interruption of or
interference with the work of any other contractor.
Be
Examination of Site: All Bidders, including the general
Contractor and subcontractors shall examine carefully the
site of the Work to acquaint himself with working conditions
and all difficulties that may be involved therein, and shall
examine carefully all drawings, specifications and other
Contract Documents to familiarize himself with all of the
requirements, terms and conditions thereof. Any information
relating to the Work furnished by the Owner or others, or
failure to make these examinations shall in no way relieve
any Bidder from the responsibility of fulfilling all of the
terms of the contract, if awarded a contract. Also, failure
to visit the site will in no way relieve the Successful
Bidder from furnishing any materials or performing any work
required to complete Work in accordance with drawings and
project manual without additional cost to the Owner.
Ce
Laws, Regulations, Permits and Taxes: The Bidder's
attention is directed to the fact that all applicable state
laws, municipal ordinances, rules and regulations of all
authorities having jurisdiction over construction of the
project shall apply to the contract throughout, and they
shall be deemed to be included in the contract the same as
though herein written out in full as a part of these
documents.
Contractor shall secure, and include compensation for, in
his proposal, all permits and all required taxes which are
levied by governing bodies and which are assessable upon
labor and materials entering into this Work.
De
Before submitting his Bid each Bidder may, at his own
expense, make such investigations and tests of the sight as
the Bidder may deem necessary to determine his. Bid for
performance of the Work in accordance with the time, price
and other terms and conditions of the Contract Documents
On request, Owner will provide each Bidder access to the
site to conduct such investigations and tests as each Bidder
deems necessary for submission of his Bid.
The lands upon which the Work is to be performed, rights-of-
way for access thereto and other lands designated for use by
Contractor in performing the Work are identified in the
Supplementary Conditions, General Requirements or Drawings.
Sec. 00100
4
1.6
Go
ae
Ce
The quantities of work or materials as set forth in the
proposal form or on the plans are a calculated approximation
and are for the ~ose of comparing the Bids on a uniform
basis, to the Contractor
only for the a~ performed or
materials furnished in accordance with the contract. The
quantity of work to be done and materials to be furnished
may be increased or decreased as hereinafter provided.
Obligation of Bidder: At the time of opening of bids, each
Bidder will be presumed to have inspected the site and to
have read and be thoroughly familiar with the drawings,
specifications and the project manual, including all
addenda.
The submission of Bid will constitute an incontrovertible
representation by the Bidder that he has complied with every
requirement of this section, and that the Contract Documents
are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance
of the Work.
BID PROPOSALS
General: The Bidder shall submit two Original Bi~
Proposals based exactly on the documents as issued. No
substitutions, revisions or omissions from the plans
and/or specifications will be accepted unless authorized in
writing by the Engineer.
The proposal form is attached hereto; additional copies may
be obtained from the Engineer.
Bid proposals must be completed in ink or by typewriter.
The' Bid price of each item on the form must be stated in
words and numerals; in case of a conflict, words will
take precedence.
The Bid proposal must be signed with the full name of the
Contractor and his address; if a partnership, by a member of
the firm with the name and address of each member; if a
corporation, by an officer thereof, the corporate name, and
have a corporate seal affixed.
Form: Make all proposals on forms provided and fill all
~pplicable Blank spaces without interlineation, alteration
or erasure and must not contain recapitulation of the Work
to be done. No oral, telegraphic, or telephonic proposals
will be considered. Any addenda issued during the bidding
shall be noted on the proposal form.
Submittal: Each Bidder shall submit his Bid completely and
properly on proposal forms provided. Each Bid, without
the "Specifications and Contract Documents", shall be
Sec. 00100
5
enclosed in a separate sealed envelope, with the words "Bid
for" followed by the project title and the Bidder's name and
address, and accompanied by the Bid Security and other
required documents. If the Bid is sent through the mail or
other delivery system, the sealed envelope shall be enclosed
in a separate envelope with the notation "BID ENCLOSED" on
the face thereof.
Specifications and Contract Documents shall not be returned
with the Bids.
Telegraphic Modifications: Any Bidder may modify his Bid by
telegraphic communication at any time provided such
communication is received by the Owner prior to the
scheduled closing time. Written confirmation must be
received within two days from the closiDg time or no
consideration will be given the telegraph modifications.
Withdrawal: If, within twenty-four hours after Bids a~e
opened, any Bidder files a duly signed written notice with
Owner and promptly thereafter demonstra~ces to the reasonable
satisfaction of Owner that' there was a' material and
substantial mistake in the preparation of his Bid, that
Bidder may withdraw his Bid and the Bid Security will be
returned. Thereafter, that Bidder will be.disqualified from
further bidding on the Work.
1.7 OPENING OF BIDS
A®
The City of Coppell, Texas (herein called the "Owner")
invites all Bids on the form attached hereto, all blanks of
which must be appropriately filled in. Bids will be received
by the Owner at 10:00 a.m., Friday, August 26, 1988, at City
of CoDDell Town Center, 255 Parkway Blvd., P. O. Box 478),
and then at said location publicly opened and read aloud.
The envelopes containing the Bids must be sealed, addressed
to the City of Coppell, and desingated as ~"Bid for Drainage
Improvements on Bethel Road from Postal Site to Freeport
Parkway." (Request for Proposal No. 0028).-
When Bids are opened publicly they will be read aloud,
an abstract of the amounts of the base Bids and major
alternates (if any) will be made available after the opening
of Bids on a bid tabulation sheet sent to all bidders.
1.8
BIDS TO REMAIN OPEN
All Bids shall remain open for ninety (90) days after the
· day of Bid Opening, but Owner may, in his sole discretio~,
release any Bid and return the Bid Security prior to that
· date.
Sec. 00100
6
CONTRACT AWARD
aJ
Owner reserves the right to reject any and all Bids, to
waive any and all informalities and to negotiate contract
terms with the Successful Bidder, and the right to disregard
all nonconforming, nonresponsive or conditional Bids.
Discrepancies between words and figures will be resolved in
favor of words. Discrepancies between the indicated sum of
any column of figures and the correct sum thereof will be
resolved in favor of the correct sum.
In evaluating Bids, Owner shall consider the qualifications
of the Bidders, whether or not the Bids comply with the
prescribed requirements, and alternates and unit prices if
requested in the Bid forms. It is the Owner's intent to
accept alternates (if any are accepted) in the order in
which they are listed in the Bid form, but Owner may accept
them in any order or combination.
Ce
Owner may consider the qualifications and experience of
subcontractors and other persons and organizations
· (including those who are to furnish the principal items of
material or equipment) proposed for those portions of the
Work as to which the identity of subcontractors and other
persons and organizations must be submitted as provided in
the Supplementary Conditions. Operating costs, maintenance
considerations, performance data and guarantees of materials'
and equipment may also be considered by Owner.
De
Owner may conduct such investigations as he deems necessary
to assist in the evaluation of any Bid and to establish
the responsibility, qualifications and financial ability of
Bidders, proposed subcontractors and other persons and
organizations to do the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed
time.
Owner reserves the right to reject the Bid of any Bidder who
does not pass any such evaluation to Owner's satisfaction.
If the contract is to be awarded it will be awarded to the
lowest Bidder whose evaluation by Owner indicated to Owner
that the award will be in the best interests of the project.
Ge
If the contract is to be awarded, Owner will give the
Successful Bidder a Notice of Award within ninety (90) days
after the day of the Bid opening.
After award of contract to Successful Bidder, the Contractor
shall agree~ to begin work within ten (10) calendar days
after the date of "Notice to Proceed" of the Owner and to
fully complete the project within the stated number of
consecutive calendar days thereafter as stipulated on the
Sec. 00100
7
bid proposal and agreement between Owner and Contractor.
1.10 LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
In the event the Bidder's proposal is accepted, and he fails
or refuses to enter into the contract and furnish the
required Performance and Payment Bonds within fifteen (15)
days after he has received notice of the acceptance of his
Bid, unless given a written extension of time by the Owner,
then the Bidder will be considered as having abandoned his
proposal and his Bid Security will be retained by the Owner
as liquidated damages, IT NOW BEING AGREED that the
specified sum of the Bid Security is a fair estimate of the
amount of damages that the Owner will sustain in case the
Bidder fails to enter into the contract and furnish the
Performance and Payment Bonds within the time stated in the
proposal.
1.1i CONTRACT TIME
A. The number of days within which, or the date by which, the
Work is to be completed (the Contract Time) is set forth
in the Bid Form and will be included in the Agreement. The
Contract Time for this project is:
B. Extension of
time of
accordance with Section
Agreement.
1.12 LIOUIDATED DAMAGES
completion will be permissible in
4.02 of General Conditions of
Provisions for liquidated damages are set forth in the
Proposal. Li~uidated damages for this project are:_
TWO HUNDRED FIPTYDOLLARS ($250.00) PEI:tCAT--ENDARDAY
1,13 SUBCONTRACTORS. ETC.
A.
(incl~ding those who are to furni: ~incipal items of
material and equipment) proposed f?r those portions of th?
Work as to which such identificatLon is so required. S~cn
list shall be accompanied by an experience statement wxth
pertinent information as to similar projects and other
evidence of qualification for each such Subcontractor,
person.and organization if requested by the Owner. If Owner
or Engineer after due investigation has reasonable objection
to any proposed Subcontractor,'other person or organization,
either may before giving the Notice of Award request the
Sec. 00100
8
apparent Successful Bidder to submit an acceptable
substitute without an increase to Bid price. If the
apparent Successful Bidder declines to make any such
substitution, the Contract shall not be awarded to such
Bidder, but his declining to make any such substitution will
not constitute grounds for sacrificing his Bid Security.
Any Subcontractor, other person or organization so listed
and to whom Owner or Engineer does not make written
objection prior to the giving of the Notice of Award will
be deemed acceptable to Owner and Engineer.
In contracts where the Contract Price is on the basis of
Cost-of-the-Work Plus a Fee, the apparent Successful Bidder,
prior to the Notice of Award, shall identify in writing to
Owner those portions of the Work that such Bidder proposes
to subcontract and after the Notice of Award may only
subcontract other portions of the Work with Owner's written
consent.
Co
No Contractor shall be required to employ any Subcontractor,
other person or organization against whom he has reasonable
objection.
1.14 pERFORMANCE AND OTHER BONDS
ae
Security for Faithful Performance: Simultaneously with his
delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful
performance of this contract and for the payment of all
persons performing labor on the project under the contract
and furnish materials in connection with this contract. The
surety on such bond or bonds shall be by a duly authorized
surety company, satisfactory to the Owner, if requested by
the Bidder.
1.1~ SIGNING OF AGREEMENT
When Owner gives a Notice of Award to the Successful Bidder,
it will be accompanied by at least six unsigned counterparts
of the Agreement and all other Contract Documents. Within
fifteen (15) days thereafter, Contractor shall sign and
deliver at least six counterparts of the Agreement to Owner
with all other Contract Documents attached. Within ten (10)
days thereafter, Owner will deliver all fully signed
counterparts to Contractor. Engineer will identify those
portions of the Contract Documents not fully signed by Owner
and Contractor and such identification shall be binding on
all parties.
Sec. 00100
9
SECTION 00110 - GENERAL INSTRUCTIONS FOR BONDS
PART 1: GENERAL
1.1 GENERAL
ae
The surety on each bond must be a responsible surety
company which is qualified to do business in Texas and
satisfactory to the Owner.
The name, including full Christian name, and residence of
each individual party to the bond shall be inserted in
the body thereof, and each such party shall sign the bond
with his usual signature on the line opposite the scroll
seal, and if signed in Maine, Massachusetts or New
Hampshire, an adhesive seal shall be affixed opposite the
signature.
Cg
If the principals are partners, their individual names
will appear in the body of the bond, with the recital
that they are partners composing a firm, naming it, and
all the members of the firm shall execute the bond as
individuals.
The signature of a witness
appropriate place, attesting
individual party to the bond.
shall appear in the
the signature of each
Ee
If the principal or surety is a corporation, the name of-
the state in which incorporated shall be inserted in the
appropriate place in the body of the bond, and said
instrument shall be executed and attested under the
corporate seal, the fact shall be stated, in which case a
scroll or adhesive seal shall appear following the
corporate name.
The official character and authority of the person or
persons executing the bond for the principal, if a
corporation, shall be certified by the secretary or
assistant secretary according to the form attached
hereto.. In lieu of such certificate, records of the
corporation as will show the official character and
authority of the officer signing, duly certified by the
secretary or assistant secretary, under the corporate
seal, to be true copies.
Ge
The date of this bond must not be prior to the date of
the contract in connection with which it is given.
Amounts of bonds shall be as set forth in Paragraph 3.10
of the General Conditions.
END OF SECTION
Sec. 00110
1
SECTION 00305 - PRC2CiAL A~D BiD FO~H
FOR: DRAINAGE IMPROVEMENTS ON BETHEL ROAD FROM POSTAL SITE
TO FREEPORT PARKWAY
COPPELL, TEXAS
(Request for Proposal No. O02a.)
TO:
CITY OF COPPELL (hereinafter called "OWNER")
c/o CITY SECRETARY'S OFFICE
P. O. BOX 478
255 PARKWAY BOULEV~D
COPPELL, TEXAS 75019
Gentlemen:
' The BIDDER, in compliance with your invitation for bids for the
above referenced project, having examined the plans and specifi-
cations with related documents and the site of the proposed work,
-- and being familiar with all of the' conditions surrounding the
construction of the proposed project including the availability
of materials and labor, hereby proposes to furnish all labor,'
_ materials, and supplies, and to construct the project in
accordance with the Contract Documents, of which this proposal
is a part.
-- The undersigned, as BIDDER, declares that the only person or
parties interested in this proposal as principals are those named
herein, that this proposal, is made without 'collusion ~ith any
-- other person, firm or corporation; that he has carefully examined
the form'of Contract, Notice to Bidders, Specifications, and the
"'-Plans herein referred .to and has carefully' examined the
.._ .locations, conditions and classes of materials called for in the
nl ~Contract and Specifications in the manner prescribed an4
-'~.--iaccording to the requirements of the Owner as herein set forth.
· --,~:It is understo°d 'that the foll°Winq quantities of work to be done
~ .~atunit prices are approximate only, and are intended principally
· ."~".--.to serve as a guide in evaluating bids..Payments for such items
----will be made on the basis of the actual quantity incorporated in"
"the work.
_ It is further aqreed that the quantities 'of Work to be done at
'.unit prices and material to be furnished may be increased or
diminished as may be considered necessary to complete the work
-- fully as planned and contemplated, and that all quantities of
work whether increased or decreased are to be performed at the
unit prices set forth below, except as provided for in the
Specifications.
Plans or required by the Specifications,
provisions of the General Conditions.
'It is further agreed that lump sum prices may be increased to
cover additional work ordered by the OWNER, but not shown on the
in accordance with the
Similarly, they may be
decreased to cover deletion of work so ordered.
BIDDER hereby agrees to commence work under this Contract on or
before a date to be specified in written "Notice to Proceed" by
the OWNER and to fully complete the project within 230 consecutive
calendar days thereafter as stipulated in the
Specifications. BIDDER further agrees to pay as liquidated
'damages, the sum of $2,5/k~00 for each consecutive calendar day
thereafter as hereinafter provided in Paragraph !.41E of the
Special Conditions.
Accompanying this proposal is a Certified or Cashier's Check
payable to the City of Coppell (Bid Bond) in the amount of
($ ), which is five percent (5%) of the greatest amount
bid.
BIDDER acknowledges receipt of the following
addendum: (If non-issued, indicate N/A)
ADDENDA # DATE
ADDENDA # DATE
ADDENDA # DATE
ADDENDA # DATE
SUBCONTRACTORS:
BIDDER shall list below
use on this project:
principal
subcontractors
proposed for
BIDDER agrees to perform all the work described in the
Specifications as shown on the Plans for the following
unit prices:
(Amounts are to be shown in both words and figures. In case of
discrepancy, the amount shown in words will govern.)
Sec. 00300
2
Item
Estimated
Quantity
Unit
BID SCHEDULE
for Construction of
BETHEL ROAD DRAINAGE INPROVENENTS
from Postal Site to Freeport Parkway
Description and Price in Words
Unit
Price
Amount
1
160
C,Vo
Unclassified Street Excavation,
Complete in Place
dollars
& cents
Per Cubic Yard
2
87O
S.Vo
10" Reinforced Concrete Pave-
ment, 3000 psi, Complete in
Place
dollars
& cents
Per Square Yard
3
435
L.Fo
6" Integral Curb, 3000 psi,
Complete in Place
dollars
& cents
Per Linear Foot
4
2O0
S.V.
Hot Mix Asphaltic Concrete
Pavement, Type "B", 4" Thick
Complete in Place
dollars
& cents
Per Square Yard
5
200
S.V.
Hot Mix Asphaltic Concrete Pave-
ment, Type "D", 2" Thick
Complete in Place
dollars
& cents
Per Square Yard
Sec. 00300
3
Item
No.
Estimated
Quantity
BZD SCHEDULE
for Construction of
BETHEL RORO DRAINAGE IMPROVEMENTS
from Postal Site to Freeport Parkway
Unit Description and Price in Words
Unit
Price
Amount
395
L.F.
Sawed BreakOut Groove,
Complete in Place
&
Per Linear Foot
dollars
cents
$, $
48
EoF.
Reinforced Concrete Street
Header, 3000 psi, Complete
in place
dollars
& cents
Per Linear Foot
$
8
950
S.Vo
Remove Existing Concrete Pave-
ment, Complete in Place
dollars
& cents
Per Square Yard
$ $
506
L.F.
Remove Existing Concrete Pipe,
Complete in Place
dollars
cents $ $
Per Linear Foot
10
11
Each
Remove Existing Pipe Headwall,
Complete in Place
dollars
& cents
Per Each
Each
lO-Foot Recessed Inlet, Complete
in Place
dollars
& cents
Per Each
$, $
$.
Sec. 00300
4
[rem
.- No.
Estimated
Ouanti ty
Unit
BID SCHEDULE
for Construction of
BETHEL ROAD DRAINAGE IHPROVE]NENTS
from Postal Site to Freeport Parkway
Description and Price in Words
Unit
Price
Amount
12
Each
Remove & Reset Sprinkler Heads,
Complete in Place
dollars
& cents
Per Each
87
S.Y.
6" Reinforced Concrete Pavement,
3000 psi, Complete in Place
dollars
& cents
Per Square Yard
~4
1,300
CoY.
Reinforced Concrete Single Box Culvert
SC-NA, 3600 psi, Complete in Place
dollars
& cents $.
Per Cubic Yard
--5
7 C.Y.
Concrete for Structures, (Reinf.
Conc. Wingwall & Aprons), 3600
psi, Complete in Place
dollars
& cents
Per Cubic Yard
.6
230
L.F.
Reinforced Concrete Single Box
Culvert - C850, Complete in Place
dollars
& cents
Per Linear Foot
~7
51
L.F.
21" Reinforced Concrete Pipe,
C1. III, with Embedment and
Backfill, Complete in Place
dollars
& cents
Per Linear Foot
Sec. 00300
5
Item
No.
Estimated
Quantity
Unit
BID SCHEDULE
for Construction of
BETHEL ROAD DRAINAGE INPROVENENTS
from Postal Site to Freeport Parkway
Description and Price in Words
Unit
Price
Amount
.. 18
1
Each
Remove Existing Inlet, Complete
in Place
dollars
& cents
Per Each
-- 19
4
Each
Standard "Y" Inlet, Complete in
Place
dollars
& cents $
Per Each
"2O
5
Each
Pipe-to-Structure Connection,
Complete in Place
dollars
& cents
Per Each
21
255
L.F.
10" Ductile Iron Pipe (Class 50)
with Fittings, Polywrap, Embedment,
and Backfill, Complete in Place
dollars
& cents
Per Linear Foot
22
Each
16" x 10" Tapping Sleeve & Valve,-~
Complete in Place
dollars
& cents
Per Each
23
Each
10" x 8" Tapping Sleeve & Valve,
Complete in Place
dollars
& cents
Per Each
Sec. 00300
6
[tem
No.
Estimated
Quantity
Unit
BID SCHEDULE
for Construction of
BEll4EL ROAD DEAINAGE INPROVBNENTS
from Postal Site to Freeport Parkway
Description and Price in Words
Unit
Price
Amount
24
35
L.Fo
Boring of 10" DI Water Pipe
with Encasement Pipe, Complete
in Place
dollars
& cents
Per Linear Foot
25
4O
L.Fo
Double 4" PVC Electrical Conduit,
Complete in Place
dollars
& cents
Per Linear Foot
26
LoS.
Trench Safety, Complete
in Place
dollars
& cents $,
Per Lump Sum
27
C.Vo
Modified Reinforced Concrete
Wingwall, 3600 psi, Complete
in Place
dollars
& cents
Per Cubic Yard
28
Each
Access Manhole, Complete in
Place
dollars
& cents
Per Each
29
L.S.
Detour, ComPlete in Place
do l 1 ars
& cents
Per Lump Sum
Sec. 00300
7
Item
No.
Estimated
quantity
Unit
BIO SCHEDULE
for Construction of
BETHEL ROAD DRAINAGE IMPROVEMENTS
from Postal Site to Freeport Parkway
Description and Price in Words
Unit
Price
Amount
3O
L.So
Stripping, Respread of Stripping,
& Disposal of Surplus Excavation,
Complete in Place
dollars
& cents
Per Lump Sum
31
96
t.F,
Lower 16" Concrete Cylinder
Line, Complete in Place
dollars
& cents $
Per Linear Foot
32
500
SoF.
Remove Existing Concrete Median
Pavement
dollars
& cents
Per Square Foot
33
500
S.F.
4" 2000 psi Concrete Median
Pavement, Complete in Place
dollars
& cents
Per Square Foot
TOTAL BID (ITE]qS Z - 33)
Sec. 00300
8
The above unit prices shall include all labor, materials, bailing,
shoring, removal, overhead, profit, insurance, etc., to cover the
finished work of the several kinds called for.
BIDDER understands that the OWNER reserves the right to reject
any or all bids and to waive any informalities in the bidding.
The BIDDER agrees that this bid shall be good and may not be
withdrawn for a period of ninety (90) calendar days after the
scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid,
BIDDER will execute the formal Contract attached within ~ten (10)
days and deliver a Surety Bond or Bonds as required by the General
Conditions. The Bid Security attached in the sum of
($ )
is to become the property of the OWNER in the event the Contract
and Bond are not executed within the time above set forth, as
liquidated damages for the delay and additional expense to the
OWNER caused thereby.
Respectfully submitted,
(Firm)
By:
Title:
(Business Address)
(Telephone Number)
(SEAL-if bid is by a
corporation)
END OF PROPOSAL
Sec. 00300
9
SECTION 00400 - BID BOND
KNOW ALL MEN BY THESE PRESENTS,
that we,
the undersigned,
as Principal,
as Surety, are
penal sum of
and
hereby held and
firmly bound unto
as Owner in the
SIGNED, this
The Condition
the Principal has
for payment of which,
jointly and severally bind ourselves,
administrators, successors and assigns.
day of
of the above obligation
submitted to
certain Bid, attached hereto and hereby
enter into a contract in
well and truly to be made,
our heirs,
we hereby
executors,
, 19 .
is such that whereas
a
made a part hereof to
writing, for the
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
If said Bid shall be accepted and the Principal
shall execute and deliver a contract in the Form
of Contract attached hereto (Properly completed in
accordance with said Bid) and shall furnish a bond
for the payment of all persons performing labor or
furnishing materials in connection therewith, and
shall in all other respects perform the agreement
created by the acceptance'of said Bid,
then this obligation shall be void, otherwiseand same shall
remain in force and effect; it being expressly understood and
agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
Sec. 00400
1
The Surety, for value received, hereby stipulates and agrees
that the obligations of said Surety and its bond shall .be in no
way impaired or affected by any extension of the time within
which the Owner may accept such Bid; and said Surety does
hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have
hereunto set their hands and seals, and such of them as are
corporations have caused their corporate seals to be hereto
affixed and these presents to be signed by their proper officers,
the day and year first set forth above.
Principal
(L.S.)
Date:
Surety
By:
IMPORTANT - Surety companies executing bonds must appear
on the Treasury Department's most current list
(Circular 570, as amended) and be authorized to
transact business in the state where the project
is located.
END OF SECTION
Sec. 00400
2
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER. The OV~ER, the CONTRACTOR and
the ENGINEER are those persons or organizations identified as such in the Agreement and are
referred to throughout the Contract Documents as if singular in number and masculine in gender.
The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI.
.NEER shall be understood to be the ENGINEER of the' OWNER, and nothing contained in the
Contract Documents shall create any contractual or agencv relationship between the ENGINEER
and the CONTRACTOR. '
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to
Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed
Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof
incorporated in any of the documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be as
binding as if called for by ail. In case of conflict between any of the Contract Documents, priority
of interpretation shall be in the following order: Signed Agreement, Performance and Payment
Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors,
Technical Specifications,'Plans, and General Conditions of Agreement.
-.. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only
those having a direct contract with the CONTRACTOR and it includes one who furnishes material
. ._ ..worked to a special design according to the plans or specifications of this work, but does not
..... include one who merely furnishes material not so worked. ' ..... ' ........_._
-_ ..._:.: : 1.04 ._ WRITTEN NOTICE. Written notice shall be 'deem,~ i~o-'have been duly served if
delivered in l~erson to the individual or to a member of the firm or to an Officer of the-c~h:l~iatio'n
.......... 'for whom it is intended, or if delivered at Or sent by i'egistered mail to the last business address "
~ ~ .....known to h.im,..w, h6_gives the notice. - ...... ' .......
..... ~ .... _2'C_~2_- .... ' ........ -' : .... x_.~ .: :.. -:,._ :q.. :..::~'~ -':~'~".:-C?~' '/.-:.:';'~,,,~:';:':;.--~ 7 , . .:': . . ¥: "':="--.~-
-~:'--:~'~'~'.~-:' 5--:r :,::,~W~gR_,K.: The.CONTRACTOR shaii'l~...r:'~<~ ~/t"'~,'~F~r ~ill ~fi'ii~'.~)laI_s-~..~;/J-PPli~/s,:i~'~hii/:-'__-_£'-:- ~
....... ~ ............................ ~ ~. ...... p ore covereo
· ~-.r~-~ .the co ..................... ,
..~__._. Y.. ntrac~ itocumenks Unless o~herw ..... - ~: .... -- -~-.---~-------=--.
. ........... ... . s c neit, ail-mall/haig if/all be' new .........
.... ........ . . .,.-,,;~-.- ....,~..s,~_~ ................. and [~th · ? .......
- ...--~-.z--w,work.mansh,p and materials shall be 'of 'a gob"~ 'q/&tl~ -Thb--(JONTR~'CT~h'~: :~.-z,, '_,,a_,~- ~- --., ·
'-' --:~ '~; :'-'.-~m' ~vok~r~ "~'t'~"~ac'tg'ry2e'v-~d-e'-n-ce' '~' to. th.e kind and. quality..or__ma, tera[~. M~ate.r,~ls or work..described
- ' ..... 9:'::--. °rds"iVhjieh's~'appli/~d ha~r:$"i"~'ell}kfib~Vn'te'cli[~ii:al'~6Y:tra~ n~}~anihii'~hall b~":held {~0'r~fer to ' ~!'!'
1.06 'EXTRA WORK. The terrti "'Extr~ Work" as' used; ir/"th'i~' a0fft'/h-ct-ih'all be understood
to mean and include all work that may be required by the ENGINEER or OWNER to be done by ......
.... _the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the .....
' -plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S .
...Proposal, except as provided under "Changes and Alterations", herein.
1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays,
Sundays or any legal holidays, in which weather or other conditions, not under the control of
the CONTRACTOR, will permit construction of the principal units of the work for a period of
not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being
excepted.
1.09 SUBSTANTIALLy COMPLETED. By the' term "substantially completed" is meant
.... that the structure has been made suitable-for'.~ise. 0r'occupancy oF'the facilitY'ls'l~'~'~'fi~R{o~"t-o-
- --=~-~ serve its intended purpose, but still may requlr~"minbr-rniseellaneouk work :a"n~I-*adj~/stment.
'~. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR
2.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER will be the O~,~.~ER'S
representative during construction. The duties, responsibilities and limitatio~:s of authority of the
ENGINEER as the OWNER'S representative during construction are as set forth in the Contract,
Documents and shall not be extended or limited without written consent of the OWNER and
ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S
instructions to the CONTRACTOR shall be issued through the ENGINEER.
2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make
periodic visits to the site to familiarize himself generally with the progress of the executed work
and t,o determine if such work generally meets the essential performance and design features and
the technical and functional engineering requirements of the Contract Documents; provided and
except, however, that the ENGINEER shall not be responsible for making any detailed, exhaus-
tive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in
any way responsible, directly or indirectly, for the construction means, methods, techniques, se-
quences, quality, procedures, programs, safety precautions or lack of same incident thereto or in
connection therewith. Notwithstanding any other provision of this agreement or any other Contract
Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors,
omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S
or subcontractor's agents, servants or employees or ahy other person, firm or corporation perform-
ing or attempting to perform any of the work.
2.03 PAYMENTS FOR WORK. The ENGINEER shah review CONTRACTOR'S applications
: for payment and supporting data, determine the amount owed to the CONTRACTOR and approve,
in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRAC-
"' TOR constitutes a representation to the OWNER of ENGINEER'S professional judgment that the
~.. work has progressed to the point indicated to the best of his knowledge, information and belief,
but such approval of an application for payment to CONTRACTOR shall not be deemed as a
representation by' ENGINEER that ENGINEER has made any examination to determine how or
for what purpose CONTRACTOR has used the' moneys paid'on at'Count of tho"contract price.
............. ' 2.04 INITIAL DETERMINATIONS. The ENGINEER:"ia'i~iallY 'shall determine ail 'claims,
~::~-::-?~:'-disputes i-nd other, matters in question between the CONTRA.CTOR and the OWNER re.!ating to'
:'~ ~h~ 'eXbchi:'i-t~t~'~8~'-p-~)-~S
:'--:~~-ENGINEER'S 'decisiOn. sh~ll'~l~
----.~.~.~'.EER fail to make sucli decision within a re~izonable t~me, appeal to arbatrat~on may be tek
,-' ::"~-':.'~:~S'if hm dec~s~oa had been rendered against tI~e party appeahng. -
- ' :~-;: ' .2.05 :. OBJECTIONS,
':.':Z/~0pinion of'either party he/-~°:'~s'b,-dt'ifi"aC~:'dMgnde with' th'$ ~gaSinfl ~rid'intent of'this '~onti'act,
either party may file with the ENGINEER within thirty days his written objection to the decision,
and by such action may reserve the right to submit the question so raised:to arbitration as
· -- hereinafter provided.
2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be
..... furnished by the ENGINEER or his representative. Whenever necessary, construction work shall
be suspended to permit performance of this work, but such suspension will be as brief as practicable
and the CO~ITRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR
shall give the ENGINEER ample notice of the time and place where lines and grades will be needed.
All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless
destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the
CONTRACTOR'S expense.
2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give
adequate attention to the faithful prosecution and completion of this contract and shall keep on
-the work, during its progress, a competent superintendent and any necessary assistants. The
-- -=~.-_.-.superintendent shall represent the CONTRACT_OR .in ...his. :absence'and all directi0nsgivea.' to him
- _..shall be as binding as if gi~en.t..o...t.h.~_CON: _TR_A .CT:OR: G-2
The CONTRACTOR is and at all times shall remain an independent contractor, solely
responsible for the manner and method of completing his work under this contract, with full
power and authority to select the means, method and manner of performing such work. so long as
such methods do not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and con£ormity of such completed improvements to
the plans, specifications and contract.
~ir~ the CONTRACTOR shall be solely responsible for the safety of himself, his employ-
ees and other persons, as well as for the protection of the safety of the improvements being erected
and the property of himself or any other person, as a result of his operations hereunder. Engineer-
ing construction drawings and specifications as well as any additional information concerning the
work to be performed passing from or through the ENGINEER shall not be interpreted as
requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of
such drawings, specifications and any other such instructions being to define with particularity the
agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be
fully and completely liable, at his own expense, for design, construction, installation and use, or
non-use, of all items and methods incident to performance of the contract, and for all loss, damage
or injury incident thereto, either to person or property, including, without limitation, the adequacy
of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau-
tions or devices, and similar items or devices used by him during construction.
Any review of work in process, or any visit or observation during construction, or any
clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen-
tative of either of them, whether through personal observation on the project site or by means of
approval of shop drawings for temporary construction or construction processes, or by other means
or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and
· nature of work completed or being performed, as measured against the drawings and specifications
.... constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand ·
the plans and specifications so that the completed construction work will conform thereto, and
- : -shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper
--performance of his work on the project, including but without limitation the propriety'of means
'and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, "'
plans 'or other faCilities for accomplis.hing such performance. Deviation by the CONTRACTOR .
from 'plans "and specifications that may have been in evidence during-ar/~"§iidh-"visitation or ........
-- ':'-"::-'_~.~-ob~e~-ation by the ENGINEER, or any of his representatives, whether called to the CONTRAC-
-_~..:-::~.~-~3'i~'S'a't'tentioh or not shall in no waY r~licie CONTRACTOR from his responsibility to complete ::7:~
:=~'~ ~::~"'~5:TRA,~OR Jaas, by careful ~xamination, satisfied himself as to the nature and.location of the work,
_ -. _J~. :': ~ -~-the c~6aformation of the ground, the character; quality and quantity of the materials to b~ encoun. '~ ~..'-.
.... - .'_: ~tered, the character of equipmefit and facilities needed preliminary to and during the prosecution of
...... -~.the Work, the general and lo,hi conditions, and all Other matters which can ;.n any way affect the''':~''v':: ::: :;'.:'
" '.'work under this contract. No verbal agreement or conversation with any off!cer, agent or employee
· of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained. -- -
. .. 2.09 CHARACTER OF WORI~MEN. The CONTRACTOR agrees to employ only orderly
and competent men, skillful in the performance of the type of work required under this contract, "
to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man
or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men
shall be discharged from the work and shall not again be employed on the work without the
ENGINEER'S written consent.
2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the
erection of tents or other forms of protection, will be permitted only at such places as the
ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures
shall at all times be maintained in a manner sat: actory to the ENGINEER.
'2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work.
properly secluded from public obser~iation, shill be constructed and maintained bv the CONTRAC-
TOR in such manner and at such points as shall be approved bv the ENGINEI~R, and their use
shall be strictly enforced. '
2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to th~ENGINEER, with such
promptne~ as to cause no delay in his own work or in that of any other~ontractor, four checked
copies, unless otherwise specified, of all shop and,'or setting dra~,'ines and schedules required for
the work of' the various trades, and the ENGINEER shall pass upon them with reasonable prompt-
ness, making desired corrections. The CONTRACTOR shall make any corrections required by the
ENGINEER, file with him two corrected copies and furnish such other copies as may be needed.
The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR
from responsibility for deviations from drawings or specifications, unless he has in writing called
the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him
from responsibility for errors of any sort in shop drawings or schedules. It shall be the CON'TRAC-
TOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on
his ability to perform the required contract work in accordance with the plans and specifications
and within the contract time.
Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency
of said drawings or schedules to result in finished improvements in conformity with the plans and
specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor
as previously set forth, it being expressly understood and agreed that the ENGINEER does not
assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or
any means or methods reflected thereby, in relation to the safety of either person or property
during CONTRACTOR'S performance hereunder. . .
2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the
obligations of this contract for the furnishing by the CONTRACTOR of good material, ~ad of
-::his performing good work as herein described, and in full accordance with the plans and speeifica-
· t, ions. No failure or omission of the ENGINEER to discover, object to or condemn any defective
work or material shall release the CONTRACTOR from the obligations to fully, and .properly
i_:_r_lperform the contract, including without limitations, the obligation to at once tear out, remo,e and ' - '
...~.}i~l-~_-}roperly.....~:.: ....._ replace the same at any time prior, to ;.final acceptance .upon the discovery ~f said defective '
-~.. ~n¥. ShOWn ma~ SUCh material ..furnished'idges. :_not: meet. the. specifications, for this work.'
~}!-~-'~-'questi°ned"W°rk-may' be ordered 'titki/n!.uP..-or::remibved for re-examinatk;n, by the
~,- NGINEER, prior to final-acdeptance,-and :if found n°t in accordance with the SpecifiCations for ·
-,~;~,; d work, all expense of removing, re-examination':and.-.replacement shall be .borne by the
'"~i::i~CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and ....
-;'shall be paid for by the OWNER; provided that, where inspection or approval is specific, ally ·
required by the specifications prior to performance of certain work, should the CONTRAffrOR
proceed with such work without requesting prior inspection or approval he shall bear all expense of '" ': '.'
taking up, removing, and replacing this work if so directed by the ENGINEER. · ....
2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or anlr part -
thereof, or any material brought on the site of the work for use in the work or selected for the
same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the ~ped-
fications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINF~R,
forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in
full accordance with this contract.
2.15 CHANGES AND ALTERXTIONS. The CONTRACTOR further agrees that the OWNER
may make such changes and alterations as the OWNER may see fit, in the line, grade, form,
dimensions, plans or materials for the work herein contemplated, or any part thereof, either before
or after the beginning of the construction, without affecting the validity of this contract and the
- _--7~ accompanying Performance and Payment Bonds. '"'-
G4
..--~- ~'~.~.-.,-,,.
If such changes or alterations diminish the quantity of the work to be done. they shall not
constitute the basis for a claim for damages, or anticipated profits on the work that may be
dispensed with, except as provided for unit price items under Section 5 "Measurement and Pay-
ment.'' If the amount of work is increased, and the work can fairly be classified under the speci-
fications, such increase shall be paid for according to the quantity actually done and at the unit
price, if any, established for such work under this contract, except as provided for unit price
items under Section 5 "Measurement and Payment;" otherwise, such additional work shall be paid
for as provided under Extra Work. In case the OWNER shall make such changes or alterations as
shall make useless any work already done or material already furnished or used in said work,
then the OWNER shall recompense the CONTRACTOR for any material or labor so used,
and for any actual loss occasioned by such change, due to actual expenses incurred in preparation
for the work as originally planned.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and
specifications without expense to him, and the CONTRACTOR shall keep one copy of the sa,.~e
constantly accessible on the work, with the latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished
by the ENGINEER shall not be reused on other work, and, with the exception of the signed
contract sets, are to be returned to him on request, at the completion of the work. All models are
the property of the OWNER.
3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed
competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for
the adequacy of the design, sufficiency of the Contract Documents, the safety of the strUctUre and .-
the practicability of the operations of the completed project; provided the CONTRACTOR has
-complied with the requirements of the said Contract Documents, 'all approved modifications
..... thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of .... ':"'- ..... "
: .... proof of such compliance shall be upon the CONTRACTOR to show th_at he_ has ~ompIiedWith the
:f :-~aid requirements of the Contract Documents, approved modifications thereof and all'approved ~%~.'-~:'
:._~.. :-: -. -3.04 RIGHT OF ENTRY. The OWNER reserves the right to eh,er the property or location .-£---.~,~, .~-.~'--
-- :' L on WhiCh the'works herein contracted for are to be constructed or installed, by SUch agent or agents .
...... as he may elect, for the pur~6~e'-df insPecting the w6/k;' o~. for the purpose of ~/onstructing or' :~:~:'--.-~-~:~ :?~:~' ~.'
3.05 COLLATERAL CONTRACTS. The OWNER agrees-t6'provide by separate contract
otherwise, all labor and material essential to the completion of the work specifically excluded from
this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC-
TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in accordance with the
generally accepted practice, and in the event of any discrepancies between the separate contract
documents, the priority of interpretation defined under "Contract Documents" shall govern. In
the event that there is still any doubt as to the meaning and intent of any portion of the contract,
specifications or drawings, the ENGINEER shall define which is intended to apply to the work.
3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR
shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of. con_~t_ruc_t, ion,_. . - .: ' '
and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not .... -- ~-7~'5-~¥~ "-
paid for such work, until the entire work is-c6mpleted' and accepted. -'- ' .............. "": '~:~-'-'-~-'?'"~-~'"/-"-'~';" .....
...... _ ....- ~.-~.::~.....* _..
3':~:I~A'~i~AGES. tn the event the CONTRACTOR is damaged in the course of the comple-
tion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the
ENGINEER. or of any other CON"I'RACTOR employed by the OWNER upon the work. thereby
causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR
for such loss. tn the event the OWNER is damaged in the course of the work by the act, negligence,
omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably
delay the progress of the work being done by others on the job so as to cause loss for which the
OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss.
3.09 'llROTE~'TION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The
CONTRACTOR shall at all times exercise reasonable precautions t'or the safety of employees and
others on or near the work and shall comply with all applicable provisions of Federal, State, and
Municipal safety laws and building and construction codes. All machinery and equipment and
other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of the Associated General Contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery
guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions
actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at
his discretion as an independent contractor.
3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further
agreed by the parties to this Contract that the CONTRACTOR will execute separate performance
and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in
.... standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment
of any guarantees required, and further guaranteeing payment to all persons supplying labor and
-' materials or furnishing him any equipment in the execution of the Contract, and it is agreed that
this Contract shall not be in effect until such performance and payment bonds are furnished and
- approved by the OWNER ....
. --. ..... --~.7:- Unless otherwise approved in writing by the OWNER, the surety company underwriting the
bonds shall be acceptable according to the latest list of companies holding certificates of authority
-' ~from the Secretary.of the .Tr. easUr~'-of the United States. ' ' . '" . . :...
-:- :'--~::~:~_" .~.Unless otherwise Specified, the cost Of the premium for the performance and payment bonds .
~ ~j_~;yi_-:_-: ......3:11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified,'all.loss or damage
~[:"-:-:::the CONTRACTOR arising Out of the- -ria[ure .of the work to be done, or frOm the action of the
--.:~:~? ~~%-elements, .or from any unforeseen cir.cu.m.sta_n.c.e._m the prosecutmn of the. same, or from unUSual
'~:- ~~0bstructions °r'd~l~c~'l'~ie-~"~,'~i~h '~_~ be encountered in the prosecution of the work, shall be--:E~·
?-.:-~.~z'sustained and .b. or.n_e~Sy:the CONTRACTOR at his own cost and expense. : :~_:i .... ,'~ -:.:.:~ - ...... ~::? .-...-.~
· -.:::-..~,:'.": a.~2 PROTECTION OF 'Ai~JoINING 'PROPERTY. The said CONTRACTOR shall 'hke ..........
.--.. . . proper means to protect the adjacent or adjoining property or properties, in any way encountered, '.-'
which might be iniured or seriously affected by any process of Construction to be undertaken under
this Agreement, from any damage or injury by reason of said process of construction; and he shall
" be liable for any and all claims for such damage on account of his failure to fully protect all
adioining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER
'and ENGINEER against any claim or claims for damages due to any injury to any adjacent or
adjoining property, arising or growing out of the performance of the contract; but any such
indemnity shall not apply to any claim of any kind arising out of the existence or character
of the work.
3A3 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER-
IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRAC-
TOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims
growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen
and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including
commissary, incurred ia the .furtherance of the performance of. this' contract. When so desired by
· the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails
so to do, then the OWNER may at the option of the CONTRACTOR either pay directly any
unpaid bills, of which the OWNfiR has written notice, or withhold from the CONTRACTOR'S
unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such
lawful claims until satisfactory evidence is furnished that all [labilities have been fully discharged,
whereupon payments to the CONTRACTOR shall he resumed in full, in accordance with the terms
of this contract, but in no event shall the provisions of this sentence be construed to impose any
obligation upon the OWNER hy either the CONTRACTOR or his Surety.
3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON-
TRACTOR shall pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letters patent or copyright by suitable legal agreement
with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of
any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless
from any loss on account thereof, except that the OViNER shall defend all such suits and claims
and :shall be responsible for all such loss when a particular design, device, material or process or
the product of a particular manufacturer or manufacturers is specified or required by the OWNER;
provided, however, if choice of alternate design, device, material or process is allowed! to the
CONTRACTOR, then CONTRACTOR shall indemnity and save OWNER harmless from any loss
on account thereof. It t,:e material or process specified or required by the OWNER is an infringe-
ment, the CONTRACTOR shall be responsible for such loss unless he promptly gives such
information to the OWNER.
3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply
with all Federal, State and local laws, ordinances and regulations, which in any manner affect the
contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER
any claim arising from the violation of any such laws, ordinances, and regulations whether by the
..... -CONTRACTOR or his employees, except where such violations are called for by the provisions
of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are
at variance therewith, he shall promptly notify the ENGINEER in w~..it!ng,..and any necessary
' . changes shall be adjusted as provided in the contract for changes in the work. If the CONTRAC-
'~"---~ TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations,
~':?:::~-~and without such notice to the ENGINEER, he shall bear all costs arising therefrom~ In ease e
i.Z ~O_WNER is a~body politic and corporate; the.law from. which it de. rives i~..p, owers; ~of,ar.~'~ the '
· ;~;-~.-[zame regulates the obiects for which, or.the[ manner.in which, Or the conumons unaer wmcn the'.
-'-.-.:£-:k.~':3.1OViNER may enter into contract, shall be 'controlling, and shall be considered ~ part of
:-; ~i-contract,..to.the same effect as though embodied herein. ~ ....... ~.;. :-~; _/~:...;-~'~:~::;~.: .. -'
~:--~.~- 3.16 ASSIGNMENT AND SUBLETTING. The'CONTRACTOR further a/ree~ that he w/Il
- "'-~:'~-~ retain personal control and will/ive his personal atten{ion to the fulfillment of this contract and
--' that he will not amign by Power of Attorney, or otherwise, or sublet said contract without the
written consent of the ENGINEER, and that no part or feature of the work will be sublet to
anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees
that the subletting of any portion or feature of the work, or materials required in the performance
of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as
provided by this Agreement.
3.17 INDEMNWICATION. The CONTRACTOR shall defend, indemnify and hold harmless
the OWNER and the ENGINEER and their resnective officers, agents and employees, from and
against all damages, claims, losses, demands, suits, judgments and costs, including reasonable
attorneys' fees and expenses, arising out of or resulting from the performance of the'work,
provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:
(1)
Is attributable to bodily injury, sickness, disease or death or to injury ....
to or destruction of tangible property (other than the work itself)
including the loss Of use resulting therefrom; and,' ...... ":'' ' ..... '-""-'~-"-:'
. . .....__-..: ~.~.: _~ .~ · - ~.'~ :" --'~ .......... ~- '" ~ ":' ' '7 _2"~ -~ ..::
' '----U'I ~V """ ~"'~ ~s sm_ L~:~=:- ~-- ............
t2)
Is caused in whole or in par[ by any negligen[ ac[ or omission of the
Con[fac[or, any Subcontractor, anyone directly or indirectly employed
by any one of them or anyone for whose acts any or' them may be
liable, regardless of whe[her or no[ it is caused in part by a party
indemnified hereunder.
The obligation of the CONTRACTOR under this Paragraph shall no[ extend to the liability
of the ENGINEER, his agents or employees arising out of the preparation or approval of maps,
drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the
failure to give directions or instructions by the ENGINEER, his agents or employees, provided
such giving or failure to give is the primary cause of [he injury or damage.
3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and
keep in force such insurance as will protect him from claims set forth below which may arise out
of or result from the CONTRACTOR'S operations under the Contract, whether such operations
be by himself or b'Y any Subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable:
(1) Workmen'a ~:ompensation claims, disability benefits and other similar
employee benefit acts;
(2) Claims for damages because of bodily injury, occupational sickness or
.. disease, or death of his employees, and claims insured by usual bodily
iniury liability coverages;
(3) Claims for damages because of bodily injury, sickness or disease, or death
· . of any person other than his employees, and claim~ insured by usual
· .:...-~:-- bodily injury liability coverages; and
-..'.?..~ (4)---Claims for damages because of injury to or destruction of tangible
"~--~"--~:. - property, including loss of use resulting therefrom.
_.. ' ~-_::':Y.-:'_:'-_L-."!
,:-:-: :¢,-'5:rL..~i~.~:~_~_$.18.1 CERTIFICATE OF INSURANCE. Before dd~$ri'~ing any of
=: shall t'de with the OWNER valid Certificates of Insurance acceptable to the'OWSER.ana.the"----'. -i -.-
~.:_..:.~~GINEER. Such Certificates shall contain-a-provision that cOverages afforded undei the POlicies
¢~i:~'¢~:~.~iI1 not be cancelled until at least fifteen days' prior written notice has been given, to the OWNER.
...... ~..,,, . .... . · --_-'~ ----_..~_-7"'_---.75
~~5.iThe CONTRACTOR shall also file with the' OWNER valid Certificates of Insurance covering
.... .::..-i~'all sub-contractom. ..... -'- ' ~.-' '.~:,-- :
· " '- - ': {. PROSECUTION AND PROGRESS " '-
TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract,
unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute
his work at such times and seasons, in such order of precedence, and in such manner as shall be -
most conducive to economy of construction: provided, however, that the order and the time of
prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contract, the plans and specifications, and within the time of completion
designated in the Proposal; provided, also, that when the OWNER is having other work done, either
by contract or by his own force, the ENGINEER may direct the time and manner of constructing
the work done under this contract, so that conflict will be avoided and the constructioa of the
various works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested by the
ENGINEER, schedules which shall show the order in which the .CONTRACTOR propose~ to.
carry on the work, with dates at which the CONTRACTOR will start the ~everal parts of the work, ~.
4.01
and estimated dates of completion of the several parts.
4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion
of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either,
or bv other contractors employed by the OWNER, or by changes ordered in the work, or by
strikes, lockouts, fires, and unusual delays bY common carriers, or unavoidable cause or causes
beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies
the delay, then an extension of time shall be allowed for completing the work, sufficient to
compensate for the delay, the amount or' the extension to be determined by the ENGINEER,
provided, however, that ihe CONTRACTOR shall give the ENGINEER prompt notice in writing
of [he cause of such delay.
4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the work is stopped by
order of the OWNER) during the progress of any portion of the work embraced in this contract.
In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment
of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the
CONTRACTOR.
5. MEASUREMENT AND PAYMENT
5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
any kind will be allowed, but the actual measured and/or computed length, area, solid contents,
number and weight only shall be considered, unless otherwise specifically provided.
5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and
estimate, is intended to show elearly all work to be done and material to be furnished hereunder.
Where the estimated quantities are shown for the various classes of work to be done and material .........
to be furnished under this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals offered for the work.
It is understood and agreed that the actual amount of work to be done and material to be furnished -"}
_ _-.under this contract may differ somewhat from these estimates, and that where the basis for .... -
.... }:--payment under this contract is the unit price method, payment shall be for the actual amount of ~,=-~
...... -. ~ -- -_-.-_-_-~.~_L_-.~.~-...~X - .
.--. such work done and the material furnished. ~: d0-N-'~;L~CTOR- agrees that he will -'--'-::~"~.~-~'"~-~';G.'
---_ ::-.':-.__d--_:_? - :Where' payment is based On' the unit':Pfi~*'$~-'~n~liod ~l~e' .._: .... _~-.:.
~) :_::~2:~i~aak~' nb ~}:lairn for' damages," anticipatM' i~i~'f, it£ oF6tI/erwise 'On:account bf any differences wMch
-:-z:i-"~:d--:?-:;-ha~--b~/':found bet~r~ed the' quantitile~"~'f ~,0i:k i/:tually don% the material actually fumislaed
-~ --5"!~fider this' Contract' and the estimated qmintities"c0ntemplated and contained in the proposal;
..-.i:i~P'~ovid~d; howev.er; that in C*:a~e'the actual quantity hr'any major item should beeorrie as much
::~as 20% more than, or 20% less'than the estimated or' cOntemplated quantity for such items, then
-:-:~-'-either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the
portion of the work above or below 20% of the estimated quantity. '
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that
has a-total cost equal to or greater than five (5) per cent of the total contract cost, computed on the
basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, othenvise
by the terms of this Agreement, as provided under "Extra Work."
5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary labor,
equipment and material, and the completion of all work by the CONTRACTOR, and on the
completion of all work and of the delivery of all material embraced in this Contract in full
conformity with the specifications and stipulations herein contained, the OWNER agrees to pay
the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a
part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing
all material and all labor required for the aforesaid work, also for all expense iri~Uired by him, and
tot well and truly performing the same and the whole thereof in the manner and acco_rdin~ to
this Agreement. -- "- - ' '~ ' .....
GO a~ ~ "-'-'-"' ~'
......... ..
-
5.04 PARTIAL PAYMENTS. On or before the 10th day ot' each month, the CONTRACTOR
shall prepare and submit to the ENGINEER for approval or modification a statement showing as
completely as practicable the total value of' the work done by the CONTRACTOR up to and
including 'the last day of the precedin~ month: said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated into the work.
The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current
month the total amount of the approved statement, le~ 10 per cent of' the amount thereof,
which 10 per cent shall be retained until final payment, and further le~ all previous payments
and all further sums that may be retained by. the O~VNER under the terms of' this Agreement.
It is understood, however, thdt in case the whole work be near to completion and some unexpected
and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the
OWNE~ may--upOn written recommendation of' the ENGINEER--pay a reasonable and equitable
portion o~ the retained percentage to the CONTRACTOR, or the CONTRACTO~ at the OWNER'S
option, may be relieved of' the obligation to fu]!v complete the work and, thereupon, the CON-
TRACTO~ shall receive payment of the balance'due him under the contract subject only to the
conditions stated under "Final Payment."
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take po~emion
of and use any completed or partially completed portions of the work, notwithstanding the time
for completing the entire work or such portions ma~ not have expired but such raking po~oi
and u~ shall not be d~m~ an acceptance of any work not completed in accordance wit~ the
Contract Document. If such prior use incre~es the cost of or delays the work, the CONTRACTOR
shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may
determine.
The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opi~on,
the contract ~ "substanti~ly completed" and when so notifying the ENGINEER, the CONTAC:
TOR shall furn~h to the ENG~EER in writing a detailed list of unfinished work. The ENGIN~R
will review the CONTRACTOR'S l~t of unfinished work an~ Will add thereto such items ~ the
CONTRACTOR h~ failed to include. The "substantial completion" of the structure or facility shall
not.excuse the'CONTRA~OR from performing all of the work undertaken,.whether of a minor or ..
....... maior nature, and thereby completing the structure or.~acility in accordance_ w~th the Con~act
:C~C~,~-~i~b~antially compleX, the ~G~EER and the..O~ sh~l mspec?.~e.wor~ ,~a w~,
~'Y~}~ time, ~ the work ~ fou~ to be'CO~plet~ or sub~antially comple~ ~ accoraance w~n
:}:~,~e Con.act Docmen~..the ~GINEER shaH' ~d$'~5 the"O~ER and the CONVAIR ~h - :~:
..... 7?~'.certi/kate of Completi0n~d fl~ereu~n it shall ~e th~ ~u'ty' ~f the O~ER within ten (10)days W:-:'.'.'~
' v)_~[~[}~o ~ue a Certifi~ of A~ept~ce of the work_to th~'CO~~OR or to adv~ the CON~
TOR in writing ~f t~ r~0n for non-a, cceptan~. ·
5.0'~ FIN~ PAYMENT. Upon the i~uance of the Certificate of Completion, the ~GI-
NEER shall proce~ to make final measurements and.prepare final statement of the value of all .....
work performed and materials furnished under the terms of the Agreement and shall certify ~me
to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the
35th day, after the date of the Certificate of Completion, the balance due the CONTRA~OR
under the terms of this A~eement, provided he has fully performed his contractual obligatio~
under the terms of this contract; and said payment shall become due in any event upon ~id
performance by the CONTRA~OR. Neither the Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for
fulfillment of any wa~anty which may be required.
5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discover~
evidence, withhold or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
G-10
(a) Detective work not remedied.
lb) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to sub-
contractors or for material or tabor.
(d) Damage to another contractor.
(e} Reasonable doubt that the work can be completed for the unpaid
balance of the contract amount.
(f) Reasonable indication that the work will not be completed within
the contract time.
When the above grounds are removed or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment
shall be made for amounts withheld because of them.
5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRAC-
TOR of the sum named in any partial or final statement, when payment is due, then the OWNER
shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest
thereon at the rate of six (6) per cent per annum, unless otherwise specified, .from date due as
provided under "Partial Payments" and "Final Payments," until fully paid, which shall fully
liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right
is expressly reserved to the CONTRACTOR in the event payments be not promptly made,
as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned
by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless
such payments are withheld in accordance with the provisions of "Payments Withheld."
- 6. EXTRA WORK AND CLAhMS
" 6.01 CHANGE ORDERS: WithOut invalidating this Agreement, the 0~VNER may, at any
- i-- --:.:~time or from. time to time, order additions, deletions or revisions to the work; sUch changes will
-'?i:'~b~.". authorized by change Order to be prePared.bY ~he',ENG. INE. E~R.fdr 6xecuti°r~ bY
"-~--"-'~i~:~,{di'the CONTRACTOR. The Chari~e Orde-r'"~all '~'et .forth the basis for any cl~e m contract .:
_--.-~::.z.z~fr.o..m_.t.h_e change-..~-,<: :--,,:~v ..:_~:~'~; ,..t ~ ~:::! '-.:,:-"-!,~:~., .k~ :-~._:;-~:~-,~
-'-:"'?:?-'-'-~k~:In' the 'event the CONTB_~GTOR shall refuse to. execute a Change Order wmcn nas neen
-' i/'.'-'.iZ}~truCt the CONTRAGTOR .. to proceed with the worli..as_ser, r.o. rm.m. rne, Un,a~.,ge ~r~ler, ,aha ~I1
". "-':"!iL4~CONTRACTOR may make claim against the OWNER for, ..ly~. tra w0rl~ mvoivea merem, aS..here ..-
V-~'-"~iatter provided. ' -
6.02 MINOR CHANGES: The ENGINEER may authorize minor changes in the work not
-- '-inconsistent with the overall intent of the Contract Documents and not involving an increase in
Contract Price. If the GONTRAGTOR believes that any minor change or alteration authorized
by the ENGINEER involves Extra Work and entitles him to an increase in the Contract Price,
the CONTRAGTOR shall make written request to the ENGINEER, for a written Field Order.
In such case, the CONTRAGTOR by copy of his communication to the ENGINEER or
otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written
Field Order and that the work involved may result in an increase in the Contract Price.
Any request by the CONTRACTOR for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
6.03 EXTRA WORK: It is agreed that the basis or compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra Work is made shall
....... be determined by one or more of the following methods:
-'ddt... ' '.. _
Method IA I--By agreed unit prices: or
Method (BI-By agreed lump sum; or
Method ICl-If neither Method (A) nor Method (BI be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall
be paid the "actual field cost" of the work, plus fifteen (15)
percent.
In the event said Extra Work be pert'ormed and paid for under blechod (C), then the pro-
v~ions of this paragraph shall apply and the "actual field cos~" ~ hereby defined to include the
cost to the CONTRACTOR of all workmen, such a foreman, timekeepers, mechanics and
laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time
actually employed or used on such Extra Work, plus actual transportation charges nece~rily
incurred, together with all power, fuel, lubricants, water and simil~ operating expenses,
nece~ry incidental expends incurred directly on account of such Extra Work, including Social
~curity, Old Age Beneti~ and ocher payroll t~xes, and, a rateable proportion of premiums on
Performance and Payment Bonds and Maintenance Bonds, Public Liability and ~operty Damage
~d Workmen's Compemation, and ~1 other insurance m may be required by any law or ordinate,
or directed by the O~ER, or by them agreed to. The ENG~EER may direct the form ~ which
accounts of the "actu~ field cost" shall be kept and the records of these accounts shall be made
available ~o the ENG~EER. The ENGINEER or OWNER may also specify in writing, be/ore the
work commences,.the method of doing the work and the type and kind of machinery and equip-
m2nt to be used; othe~ these matters shall be determined by the CONTRACTOR.
other(se agreed upon, the prices for the use of machinery ~d equipment shill be deter~ by
~ing 100 per cent, unle~ othe~e specified, of the lates~ schedule of Equipment Owne~hip
~pe~e adopted by th6 ~ciated General Gontracto~ of ~erica. Where practicable the
~rms ~d pric~ for the use 0f mach~ery and equipment sh~l be incorporated in the Written
~tra Work Order. The fifteen (15%) per cent of the "actu~ field cost" ~o be paid the GO~C-
~R sh~l cover ~d compenate him for h~ profit, overhead, general superintendence ~d field
office expense, ~d fll other elements of cost and expend not embraced within the "act~ field
.....~st" ~ herein defied, save ~hat where the CON~OR'S C~p or Field Office must M
-' m~t~ned pr~y on accoun~ of such Extra Work; then th~ cost to maintain ~d. operate the
-'-'~e sh~l be ~clud~ ~ the "actu~ field cost." -' .
;::-'::~: '-'~'.' '.No'cl~m for ~a Work of y' nd will be ~owed unle~ ordered in ~iting'by the
~:'~: ~:~.g~R to involve'~ffa Work for '~hich he "Ah0uld-receke ~0~emation or an aalus~ment m me
=~ ~:t;:~.~Omtmcfion time, he ~ m~e"~t'~' re~Ueg~: to th~ ENG~EER for ~tt
:~.:~::~mch Extra Work. Should a d~ference of option g~ ~ to what does or
:~ ~z.~tra Work, or ~ to the talent therefor, anq.~he ~G~ER ~s~ts Upon--i~
'~ '~the CO~A~R ~ffi proceed with the W~rk ~ter making ~itten request for written o~er
~2:.5~J~'~'~:"'t~d ~all keep ~ acetate account of the "actu~ field cost" thereof, ~ pro~d~ under Method
~: .~::"~(C). The CO~CTOR w~l thereby pr~e~e the r~ht to submit the matter of payment to
'7-: ~Vgbitration, ~ hereinbelow provided.
6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that ali
questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and
filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions,
order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER
shall reply within thirty (30) days to such written ,,xceptions ny the CONTRACTOR and render
his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S
decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in
writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S
final decision. It is further agreed that final acceptance of the work by the OWNER and the
acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either
party, except where noted otherwise in the Contract Documents.
6.05 ARBITRATION. All questions of dispute under this Agreement shall be submitted
-' - to arbitration at the request of either party to the dispute7 The parties may agree upon one
arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen
by the two arbiters so selected; or if the arbiters fail to select a third within ten (10} days,
he shall be chosen by a District Judge serving the County in which the major portion of the
project is located, unless otherwise specified. Should the party demanding arbitration fail to
name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the
decision of the ENGINEER shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter. Should either
party refuse or neglect to supply the arbiters with any papers or information demanded in
writing, the arbiters are empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both
parties to the contract. The decision of the arbiters upon any question submitted to arbitration
under this contract shall be a condition precedent to any right of legal action. The decision of
the arbiter or arbiters may be filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose
contention is sustained, such sums as they deem proper for the time, expense and trouble incident
to the appeal, and if the appeal was taken without reasonable cause, they may award damages for
any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the cost and charges of the arbitration upon either or both
parties. The award of the arbiters must be made in writing.
7. ABANDONMENT OF CONTRACT
7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon
and fail or refuse to resume work 'within ten (10) days after written notification from the OWNER,
or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER,
when such orders are consistent ._with the Contract Documents, then, and in that case, where
performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment the CONTRACTOR shall not remove from the
work any machinery, equipment, tools, materials or .supplies then on the job, but the same,
together with any materials and equipment under contraCt for the work, may be held for use on the
"' work by the OWNER or the Surety on the performance-b0iid, or another contractor in completion
of the'work; and the CONTRACTOR shall not receive anY. rental or credit therefor (except when
:-used in Connection with Extra Work, where Credit shall be allowedas provided fdr Under Section 6,
.._-Ji_.'.~tra Work and Claims),.it ibeing understood thht the-i~'S~.'0f.such.~eqiiipih_-~n-[~iuiRmiterials will "-
~:~;4:~'_-;.:'ultimatelY'~r~luce= th~ cbst't0 ~o~-plete. t.he work and be r.efle, ct~m the _f'_m_,al. '?~.t!~m~n~ii" ~,",~':j'i:~./~!~
~':~,i~,~ere there is no performance _bond pronded or m ease .the Surety shou!d ~fail to commence :~-.
~~o~e with'the ndti~.~'~8~ ~h~'~letiOn 'hereinbefore pro~ided"f%, Within ten (10) days after
;' '?.0L! The' OI I R may ther u 'on employ such force of men and use such machinery, .~;-~. ....
~:;::~f'--" equipment, 'tools, materials and supplies as' said OWNER may deem necessary to complete the
-'-~'--:.~:'~: work and charge the expense of such labor, machinery, equipment, tools, materials and supplies
..... to said CO~U--~OR, and expens~ so charged shall be deducted and paid by the OWNER out
of such moneys as may be due, or that may thereMter at any time become due to the CONTRAC-
TOR under and by virtue of this Agreement. In case such expense is les.s than the sum which would
have been payable under this contract, if the same had been completed by .the CONTP,~CTOR,
then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said
CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such
excess to the OWNER; or
7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more
times in a newspaper having general circulation in the county of the location of the work, may
let the contract for the completion of the work under substantially the same terms and conditions
which are provided in this contract. In case any increase in cost to the OWNER under the new
contract as compared to what would have been the cost under this contract, such increase shall be
char~ed to the CONTRACTOR and the Surety shall be and remain bound therefor. However,
....... should the cost to complete any such new contract prove to be less than what would have been
' the cost to' complete under this contract, the CONTRACTOR and/or his Surety shall be credited
therewith
..... G-13
When the work shall have been substantially completed the CONTRACTOR and his Surety
shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06
hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to
by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR
and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may
be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date
of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is less
than that which would have been the cost to the OWNER had the work been completed by the
CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety
shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR
and/or his Surety. Should the cost to complete the work exceed the contract price, and the
CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies
on the site of the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract, provided, however, that actual written notice given in any manner will
satisfy this condition. After mailing, or other g/ring of such notice, such property shall be held at
the risk of the CONTRACTOR and his Surety subiect' only to the duty of the OWNER to exercise
ordinary care to protect such property. After fifteen (15) days from the date of said notice the
OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum
derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made
at either public or private sale, with or without notice, as the OWNER may elect. The OWNER
shall release any machinery, equipment, tools,~ materials, or supplies, which remain on the work,
and belong to persons other than the CONTR&CTOR or his Surety, to their proper owners.
The books on all operations provided herein shall be open to the CONTRACTOR and his Surety.
7.02 ABANDONMENT BY OWNER. In case the OWNER shall'fail t'o Comply with the
terms of this contract, and should fail or refuse to comply with said terms within ten (10) days
-after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or
.~.._~Wholly abandon the work, 'and may remove therefrom aH machinery, tools and equipment, and
ail materials on the site of work'that ha~,e i~0'~ beeii- included in_'pa~nents t° the CONTRACTOR
--::-~£q~and have not been 'wrought into it~q' W~k."'~'d/thdehp~n' the ENGINEER sh~l make an
---C;':Work actually completed by-ax id'CONTRACTOR-(dr' th~'I~d~'~://tate~l in '~,he at[aCh~ad p~)posa]
'~brice, and the amount of ail Extra'Work pe//'6/%'&i at the i~rices a/reed U~on, 'or provided for
-?c~:;the tetras of this contract, and a reasonable stun to cover the cost of any P~o~io~'made' by the
· '.'::~-. CONT1LACTOR to can7 the whole work to :' eompletion ' and which cannot b~ utilized. The
F, NGINEER shall then make a f'mal statement of the balance due the CONTRACTOR by deducting
from the above estimate all previous payments by the- OViNER and all other sums that may be
retained by the OWNER under the terms of this A~eement and shall certify ~ame to the OWNER
who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification
by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR,
under the terms of this Agreement.
':' ' G-14
STANDARD FORM OF AGREEMENT
As Adopted By
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
October 7, 1971
Revised November 17, 1928
Revised April 15, 1932
Revised October 27, 1934
Revised October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS
COUNTY OF
THIS AGREEMENT, made and entered into this
A. D. 19 , by and between
day oL
of the County of
And State of Texas, acting through
.... Party of the First Part, hereinafter termed OWNER, and
.... thereunto duly authorized so to do,
of the City of. ., County of .....
and State of , Party Of the' Second Part, hereinafter termed
........ : WI~ESSETH: Tliat for and in consideration of the payments and agreements herein
after ~entioned, to be made and performed by the Party of the First Part (OWNER), and under
the conditions expressed in the bond bearing even date herewith, the said Party of the Second
Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to
commence and complete the construction of certain improvements described az follows:
and all extra work in connection therewith, under the terms as stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories
and services necessary to complete the said construction, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefor,, as prepared by
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and
the ENGINEER, together with the CONTRACTOR'S written proposal.~ the General Conditions
of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made
'-'a Part hereof and collectively ·evidence and constitute the entire contract. '
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete the same
calendar days
within working days after the date of the written notice to commence work, subject
to such extensions of time as are provided by the General and Special Conditions.
THE OWNER agrees to pay the CONTRACTOR in cun'ent funds the price or prices shown in
the p~oposal, which fo~ms a part of this contract, such payments to be subject to the General
and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in
the year and day first above written.
Party of the First P~rt (OWNER)
AT]~EST:
l'art7 of the Second Part (CONTRACTOR)
By:
ATTEST:
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF.
KNOW ALL MEN BY THESE PRESENTS: That
. of the City of
County of , and State of
principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto (Owner),
in the penal sum of Dollars ($ )
for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and ~.~igns, joir/tly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the day of. ,19 , to
which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract .and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, and accOrding to-~
the tree intent and meaning of said Contract and the Plans and Specifications hereto annexed,
then this obligation ..shall be void; otherwise to remain in full force and effect; ..... .. ~.
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article ..........
5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci-
fications, or drawings accompanying the same, shall in anyway affect its obligation on this
*Not applicable for federal work. See '~he Miller Act," 40 U.S.C. S270.
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 performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have si~ned and sealed this instru-
ment this .day of ,19.__
TitJe Title
Addres~ Address
The name and address of the Resident Agent of Surety-is:'
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That
of the City of
County of , and State of
principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto (Owner),
in the penal sum of Dollars ($ )
for the payment whereof, the said Principal and Surety bind themselves and their heirs, admi~ia-
trators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has
dated the day of
entered into a certain written contract with the Owuer,
, 19 ,to
"~ which contract is hereby referred to and made a part hereof as fully and to-the same'*extent as
---- ff copied at length hereim .....
-- NOW, THEREFORE, ~ CONDITION OF
...... ~id Prin~' Shidl I~Y all d~,dm~ts sul~lYin~ labor and materhl to lfim or '& sula~~r
In th~ p~o~ution of th~ work prodded for in ~id con~t,_.th-'_~' t_lfis Obll~tion ~ I~ *Old;
,.-. otherwh~ to ~main in full fore and eff~q:;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of
the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent ~s if it were copied at length herein.
Surety, for value received, stipulates and agrees that no chan~, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying th~. same, shah in anywise affect its oblig~tic~ on this
bond, and it does hereby w~ive notice of sny such change, extension of t~me, ~lter~t~on or ~l~t~on
to the terms of the contract, or to the work to ~e performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru-
ment this day of ,19 .
Prtndp~ S~ety
By. By
T~tle T~tle
,. Addreas 'Address
The name and address of the Resident Agent of Surety
SECTION 00630 - CERTIFICATE OF INSURANCE
After award of contract, Contractor will provide Owner with
Certificate of Insurance which will be executed and bound
here with final documents.
Sec. 00630
SECTION 00650 - SPECIAL CONDITIONS
1.1 INDEX TO SPECIAL CONDITIONS
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
GENERAL
--' DEFINITION OF TERMS
MODIFICATIONS OF GENERAL CONDITIONS
OF AGREEMENT
CO~TRACT EXECUTION & ISSUANCE OF
WORK ORDER
STATE & CITY SALES TAX
EXISTING STRUCTURES
PROTECTION & RESTORATION OF PROPERTY
REFERENCE SPECIFICATIONS
SUBSURFACE CONDITIONS
SERVICE OF MANUFACTURER'S
REPRESENTATIVE
PLANS AND SPECIFICATIONS AVAILABILITY
CONTRACTOR'S RESPONSIBILITY FOR
t~ILITIES & SERVICES
MANUFACTURER' S DIRECTIONS
SANITARy FACILITIES
GUARANTEE OF WORK
FINAL INSPECTION
PERMITS & LICENSES
NOTICE OF REQUIREMENT FOR CERTIFICATION
OF NON-SEGREGATED FACILITIES
TESTING
COORDINATION WITH THE RAILROAD
SUGGESTED SEQUENCE OF CONSTRUCTION
GENERAL NOTES
00650-1
00650-1-3
00650-3-9
00650-10
00650-10
00650-10
00650-11
00650-11-12
00650-12
00650-12
00650-12
00650-12
00650-13
00650-13
00650-13
00650-13
00650-14
00650-14
00650-14
00650-14
00650-14
00650-15
00650-15
SECTION 00650 - SPECIAL CONDITIONS
1. ~- GENERAL
Ac
These Special Conditions supplement, modify, change,
delete from and/or add to the Specifications and the
"General Conditions of Agreement". Where any Article of
the General Conditions is modified or any Paragraph,
subparagraph or Clause thereof is modified or deleted by
these supplements, the unaltered provisions of that Arti-
cle, Paragraph, Subparagraph or Clause shall remain
in effect.
DEFINITION OF TERMS
Wherever the words, forms or phrases defined herein or
pronouns used in their place occur in these Specifications,
in the Contract, in the Bonds, in the advertisement,'or any
other document or instrument herein contemplated, or to which
these Specifications apply or may apply, the intent and
meaning shall be interpreted as follows:
Owner: Wherever the word "OWNER" is used in'the
Specifications and the Contract Documents, it shall be
understood as referring to the City of Coppell.
B. R-gineer: Wherever the word "ENGINEER" is used in the
Specifications and the Contract Documents, it shall be
understood as referring to DeShazo, Starek & Tang, Inc.,
330 Union Station, Dallas, Texas 75202.
C. ~dvertisement~ All of the legal publications pertaining
to the work contemplated or under Contract.
.D. Bi44er: Any person, persons, partnership, company, firm,
association, or corporation acting directly or through a
duly authorized representative submitting a Proposal for
the work contemplated.
E. Contract= The written agreement covering the performance'
of the work. The Contract includes the advertisement,
Proposal, Specifications, including special provisions,
Plans or working drawings and any supplemental changes or
agreements pertaining to the work or materials therefore,
and bonds.
Fo
Contractor: The person, persons, partnership, company,
firm, association, or corporation entering into Contract
for the execution of the work, acting directly or through
a duly authorized representative.
...... sec. 00650
1
Ge
Ke
Le
Me
Payment Bond: The approved form of security furnished by
the Contractor and his surety as a guaranty for the
protection of all claimants supplying labor and material
in the prosecution of the work provided for in this
Contract; said security shall be in accordance with the
provisions of Article 5160, Revised Civil statutes of
Texas, as amended by Acts of the Regular Session of the
Legislature, 1959.
Performance Bond: The approved form of security
furnished by the Contractor and. his surety as a guarantee
of good faith on the part of Contractor to execute the
work in strict accordance with the Plans, Specifications
and terms of the Contract, and that the Contractor will
maintain the work constructed by him in good condition
for the period of time required; said security shall be
in accordance with the provisions of Article 5160,
Revised Civil Statutes of .Texas, as amended by Acts of
the Regular Session of the Legislature, 1959.
Plan or Plans: All the Drawings pertaining to the
Contract and made a part thereof, including any
supplementary drawings or addenda as the Engineer may
issue in order to clarify other drawings, or for the
purpose Of showing changes in the work hereinafter
authorized, or for showing details not shown thereon.
Proposal: The written statement or statements duly filed
with the City of Coppell of the person, persons,
partnership, company, firm, association, or corporation
proposing to do the work contemplated, including the
approved form on which the formal bids for the work are
to be prepared.
Proposal Guaranty: The security designated in the
advertisement and Proposal, to be furnished by each
bidder as a guaranty of good faith to enter into a
Contract with the City of Coppe11 and execute the
required bonds for the work contemplated after the work
is awarded to him, and payment of damages upon his
failure to enter into the Contract.
Special Provisions: The special clauses setting forth
conditions or requirements peculiar to the specific'
project involved, supplementing the standard
Specifications, and taking precedence over any conditions
or requirements of the standard Specifications with which
they are in conflict.
Specifications: The directions, provisions, and
requirements contained herein, together with the special
provisions, supplemental hereto, pertaining to the method
and manner of performing the work or to the qualities or
quantities of the materials to be furnished under the
Contract.
Sec. 00650
2
No
Sureties: The corporate bodies which are bound by such
bonds as are required with and for the Contractor. Said
sureties engaged to be responsible for the entire and
satisfactory fulfillment of the Contract, and for any and
all requirements as set out in the Specifications,
Contract or Plans.
The Work: Ail work, including the furnishing of labor,
materials, tools, equipment, and incidental, to be
performed by the Contractor under the terms of the
Contract.
Working Day: A working day is defined as: a calendar
day including Saturdays, Sundays, or legal holidays in
which weather or other conditions not under the control
of the Contractor will permit the performance of the
principal units of work underway for a continuous period
of not less ~than 7 hours between 8 a.m. and 6 p.m. One
day will be charged against the Contract working time
when weather conditions will permit 7 hours of work as
delineated above. A principal unit of work shall be that
unit which controls the completion time of the Contract.
Nothing in this definition shall be construed as.
prohibiting the Contractor from working on Saturdays if
he so desires and has the approval of the Engineer. Work
on Sundays will not be permitted (except in cases of
extreme emergency and then only with the written
permission of the Engineer).
1.4 MODIFICATIONS OF GENERAL CONDITIONS OF AGREEMENT
The following designated items of the General Conditions
Agreement are modified as follows:
of
Paragraph 2.06 - Lines and Grades is deleted in its
entirety and the following substituted therefore . ·
"The Engine~.~w~ll~.~.~st%blish bench marks and horizontal
control ~ts in close proximity to the Work. From
these control points, the Contractor shall provide all
surveying necessary to lay out the Work. Contractor
shall be responsible for establishing all lines and
grades necessary to control the Work and shall be
responsible for the precise location of all facilities."
"The Engineer may make checks as the Work progresses to
verify lines and grades established by the Contractor to
determine the conformance of the completed work as it
progresses with the requirements of the Contract
Specifications and Drawings. Such checking by the
Engineer shall not relieve the Contractor of his
responsibility to perform all Work in connection with
the Contract Drawings and Specifications and the lines
and grades given therein.
Sec. 00650
3
Paragraph 3.09 - Protection Against Accident to Employees
and the Public is modified by adding the following:
"Contractor's attention is specifically directed to the
Texas Occupational Safety Law."
"The Contractor shall so conduct his operations as to
offer the least possible obstruction and inconvenience to
public traffic. After the "Notice to Proceed" is issued,
the Contractor shall notify the Engineer, at the earliest
possible date, of the starting of hauling of materials
and any construction work which might in any way
inconvenience or endanger traffic."
"The Contractor shall provide and maintain flagmen at ~11
points where his operations interfere in any manner w~h
t~affic fl~w. Flagmen shall be English speaking,
courteous, well informed, physically, and mentally able
effectually to perform their duties in safeguarding and
directing traffic and protecting the Work, and shall be
~eatly attired and groomed at all times when on duty.
Flagmen, when directing traffic, shall use standard
flagging procedures set forth in the 'Instructions to
Flagmen' published by the Texas State Department of~
Highways and Public Transportation."
"The Contractor shall provide, construct and maintain
suitable barricades as shown on the Plans and elsewhere
when directed by the Engineer. The Contractor shall
provide and maintain such standard barricades or special
barricades, signs, lights and flags at points along the
project as may be necessary to protect the Work and
safeguard all traffic. All signs, barricades and working
area layouts shall be provided and maintained in
accordance with requirements of Part VI of the Manual on
Uniform Traffic Control Devices, 'Traffic Controls for
Street and Highway Construction and Maintenance
Operations.' Signs and barricades to facilitate the flow
of traffic will be the responsibility of the Contractor.
The use of sufficient vertical panels with flashers in
conjunction with necessary warning signs and barricades
will be required to direct traffic."
"No direct payment will be made for the work involved in
carrying out the public safety measures herein provided,
the cost thereof being included in the prices paid for
the various Contract items of work and no additional
allowance will be made therefore."
Sec. 00650
4
Ce
De
Paragraph 3.10 - Performance and Payment Bonds is
modified as follows:
1. With the execution and delivery of the Contract, the
Contractor shall execute and furnish separate
Performance and Payment Bonds on the forms provided
as follows:
a. Performance Bond: A Performance Bond in the
amount of one hundred percent (100%) of the
Contract price, or only increases or deletions
therefrom due to Contract modifications,
guaranteeing faithful performance of the work and
fulfillment of the obligations of the Contract.
The Performance Bond shall guarantee that the
Contractor shall repair and/or replace any
defects in the work arising from defective or
inferior workmanship or materials used therein,
for a period of one (1) year from date of final
acceptance of the work by the Owner.
b. Payment Bond: A Payment Bond in the amount of
--~ one hundred percent (100%) of the Contract price,
or any increases or deletions therefrom due to
Contract modifications, guaranteeing payment to
all persons supplying labor and materials or
furnishing equipment in the execution of the
Contract.
2. Performance and Payment bonds shall be from an
approved surety company holding a permit from The
State of Texas to act as surety or other surety or
sureties acceptable to the Owner.
Paragraph 3.18 - Insurance is modified by the addition of
the fQllowing · .
Contractor shall comply with each and every condition
contained herein. The Contractor shall provide and
maintain, until the work covered in the contract is
completed and accepted by the City of Coppell, the
minimum insurance coverages as follows:
1. Commercial General Liability insurance at minimum
combined single limits of $1,000,000 per-occurrence
and $2,000,000 general aggregate for bodily injury
and property damage, which coverage shall include
products/completed operations, and XCU hazards.
Coverage for products/completed operations-must be
maintained for at least two years after the
construction work is completed. Coverage must be-
written on an occurrence form.
Sec. 00650
5
Workers Compensation insurance at statutory limits, including
employers' liability coverage at minimum limits of $500,000.
Co~,~rcial Automobile Liability insurance at minimum combined
single limits of $1,000,000 per-occurrence for bodily injury
and property damage, including owned, non-owned, and hired-car
coverage.
4. All-Risk Builders' Risk insurance at completed value if the
contract is for the construction of a structure or building.
*Note that the general aggregate limit must be at least two times
the per-occurrence limit.
A comprehensive general liability insurance form may be used in
lieu of a commercial general liability insurance form. In this
event, coverage must be written on an occurrence basis, at limits
of $1,000,000 per-occurrence combined single limit, and coverage
must include a broad form comprehensive general liability
endorsement, products/completed operations and XCU hazards.
With reference to the foregoing insurance requirement, Contractor
shall provide the following endorsements:
Name insured wording which includes the Contractor, Minyard's
Food Stores, the City of Coppell and DeShazo, Starek & Tang,
Inc., with respect to General Liability, Automobile Liability,
and Builders' Risk.
®
Ail liability policies shall contain cross
severability of interest clause.
liability and
A waiver of subrogation in favor of the City of Coppell and
DeShazo, Starek & Tang, Inc. with respect to the Builders'
Risk Workers Compensation insurance.
The policy shall be endorsed to require the insurer to
immediately notify the City of Coppell and DeShazo, Starek &
Tang, Inc. of any material change in the insurance coverage.
Ail insurance shall be purchased from an insurance company that
meets the following requirements:
1. A Best financial grading of A:X or better.
2. Licensed and admitted to do business in the State of Texas.
Sec. 00650
6
Ail insurance must be written on forms filed with, and
approved by, the Texas State Board of Insurance.
Certificates of Insurance shall be prepared and executed
by the insurance company or its authorized agent and
shall contain provisions representing and warranting the
following:
1. The company is licensed and admitted to do business
in the State of Texas.
2. The company's forms have been approved by the Texas
State Board of Insurance.
3. Sets forth all endorsements as required above.
4. The City of Coppell and DeShazo, Starek & Tang, Inc.
will receive at least sixty (60) days notice prior
to cancellation or termination of insurance.
Upon request, Contractor, shall furnish the Owner with
certified copies of all insurance policies. The
Contractor shall also file with the Owner valid
Certificates of Insurance covering all subcontractors in
accordance with the insurance requirements set forth
herein for Contractor.'
Section 4 ~ PROSECUTION AND PROGRESS is deleted in its
entirety and the following substituted therefore:
4. TIME FOR COMPLETIONAND LIQUIDATED DAMAGES
4.01' TIME FOR COMPLETION: The time allotted for com-
pletion of all items'of work for this project
shall be 230. consecutive calendar days. It is
hereby understood and mutually agreed, by and
between the Contractor and the Owner, that the
date of beginning and the time for completion
as specified in the Contract of the work to be
done hereunder are ESSENTIAL CONDITIONS of this
Contract; and it is' further mutually understood
and agreed that the work embraced in this
Contract shall be commenced on a date to, be
specified in the Notice to Proceed.
The Contractor agrees that said work shall be
prosecuted regularly, diligently, and uninter-
ruptedly at such a rate of progress as will
insure full completion thereof within the time
specified. It. is expressly understood and
agreed by and between the Contractor and the
Owner, that the time for the completion of the
work described herein is a reasonable time for
the completion of same, taking into considera-
tion the average climatic range and usual
conditions prevailing in this locality.
Sec. 00650
7
4.02
LIQUIDATED D~2~AGES: If the said Contractor
shall neglect, fail or refuse to complete the
work within the time herein specified or any
proper extension thereof granted by the Owner,
then the Contractor does hereby agree, as a
part consideration for the awarding of this
Contract, to pay to the Owner TWO HUNDR[D FIFTY
DOLLARS($ZS0,00) FOR EACH CAI~ND~R DAY, not
as penalty, but as liq~idated damages for
such breach of Contract as hereinafter set
foz~h, for each and every calendar day
that the Contractor shall be in default
after time stipulated in the Contract for
completing the work.
The said amount is fixed and agreed upon by and
between the Contractor and Owner because of the
impracticability and extreme difficulty of
fixing and ascertaining the actual damages the
Owner would in such event sustain, and said
amount shall be retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the
essence of each and every portion of this
Contract and of the Specifications wherein a
definite and certain length of time is fixed
for the.perfozn~ance of any act whatsoever; and
where under the Contract an additional time is
allowed for the completion of any work, the new
time limit fixed by. such extension shall be of
the essence of this Contract. ~ that
the Contractor shall not be charged with
li~idated damages or any excess cost when the
(~ner determines that the Contractor is without
fault and the Contractor's reasons for the time
extension are acceptable to the Owner; ~
f~ that the Contractor shall not be
charged with liquidated damages or any excess
cost when the delay in completion of the Work
is due:
ae
To any preference, priority or allocation
order duly issued by the Government;
To unforeseeable cause beyond the control
and without the fault or negligence of the
Contractor, including but not restricted
to, acts of God, or of the public enemy,
acts of the Owner, acts of another
contractor in the performance of a Contract
with the Owner, fires, floods, epidemics,
quarantine' restrictions, strikes, freight
embargoes, and severe weather: and
Sec. 00650
8
c. To any delays of subcontractors or
suppliers occasioned by any of the causes
specified in subsections (a) and (b) of
this article; Provided furtherL that the
Contractor shall within ten (10) days from
the beginning of such delay, unless the
Owner shall grant a further period of time
prior to the date of final settlement of
the Contract, notify the Owner, in writing,
of the causes of the delay, who shall
ascertain the facts and extent of the delay
and notify the Contractor within a
reasonable time of its decision in the
matter.
Paragraph $.04 - Partial Payments, is deleted in its
entirety and the following substituted therefore:
"On or before the tenth. Of the month, the Contractor
shall prepare and submit to the Engineer for approval a
statement showing as completely as practicable the total
value of the work done by the Contractor up to the last
day of the previous month~ said statement shall also
include the value of all sound materials delivered and
stored on the job site of the work that are to be
fabricated into the work.
"The Owner shall then pay the ContraCtor after the fourth
(4th) Tuesday after receiving City Council Approval. The
amount paid shall be the total amount less five (5}
percent of the amount if total project estimated cost
exceeds $400,000 or ten (10) percent of the amount if ~he .
~stimate~ ~roject cost is' less -than $400,000, which
percent retained shall be held until final 'payment, and
further less all previous payments and all further sums
.that may be retained by the Owner under the terns of th~s
agreement.
"It is understood, however, 'that in case the whole work
be near to completion and some unexpected and unusual
delay occurs due to no fault or neglect on the part of
the contractor, the Owner may---upon written
recommendation of the Engineer--- pay a reasonable and
e~uitable portion of the retained percentage to the
Contractor, or the Contractor at the Owner's option, Bay
be relieved of the obligation to fully complete the work
and, thereupon, the Contractor shall receive payment of
the balance due him under the Contract subject only to
the conditions stated under 'Final Payment'."
G. Paragraph 5.09 - Delal~d paI~ent, is deleted in its entirety.
H. Paragraph 6.05 - Arbitration, is deleted in its entirety.
Sec.. 00650
1.5
CONTRACT EXECUTION AND ISSUANCE OF WORK ORDER
It is the intention of the Owner to notify the Successful
Bidder in writing, within ninety (90) days after receiving'
bids, of his acceptance of the Proposal. The Contractor
shall complete the execution of the required Bonds and
Contract within ten (10) days of such notice. Upon
completion of the execution of the Contract Documents, the
Owner will issue a "Notice to Proceed with Construction."
1.7
STATE AND CITY SALES TAX
The Contractor's attention is directed to Amendment No. 7
to Section 6a, Article 20.01, Chapter 20, Title 122A,
Taxation-General of the Revised Civil Statutes of Texas.
This amendment provides that all items used or consumed
by a contractor, whether incorporated into the project or
not, can be purchased free of State and City sales tax
when the project is being performed for.an exempt agency.
Included are equipment rentals and other items which are
consumed by the contractor but are not incorporated into
the project.
This Contract is issued by an organization which quali-
fies for exception pursuant to the provisions of Article
20.04 (F) of the Texas Limited Sales, Excise and Use Tax.
The contractor performing this Contract may purchase,
rent or lease all materials, supplies, and equipment used
or consumed in the Performance of this Contract by
issuing to his supplier an exemption certificate in lieu
of the tax, said exemption certificate complying with
State Comptroller's ruling No. 95-0.07. Any such
~xemption cgrtificate issuedb¥ the contractor in lieu of
the tax shall be subject to the provisions of the State
Comptroller's ruling No. 95-0.09 as amended to be
effective October 2, 1968.
EXISTING STRUCTURES~
The Plans show the locations of all known surface and
sub-surface structures believed to be involved in this
proposed construction. However, the Owner assumes no
responsibility for failure to show any or all of these
structures on the Plans, or to show them in their exact
location. It is mutually agreed that such failure shall not
be considered sufficient basis for claims for additional
compensation for extra work, unless the obstruction
encountered is such as to necessitate changes in the lines
or grades, or requires the building of special work,
provisions for which are not made in the Plans and
Specifications, in which case the provisions in the General
'Conditions of Agreement for extra work shall apply.
Sec. 00650
10
1.8
PROTECTION AND RESTORATION OF PROPERTY
The Contractor shall be responsible for the preservation
from injury and damage, resulting directly or indirectly
from the execution of the work under this Contract, of all
public and private property adjacent to the work. 'He shall
use every precaution to prevent the damage or destruction of
buildings, poles, trees, shrubbery and lawns. Also,
underground structures such as wires, cables, etc.; within
or without the work area. He shall protect and
carefully preserve all official survey monuments, properties
and section markers or other similar markers until an
authorized agent has witnessed or otherwise referenced their
location and shall not remove them until directed.
When or where direct or indirect damages or injury is done
to public or private property by or on account of any
act, omission, neglect or misconduct in the execution of
the work or in consequences of the nonexecution of same on
the part of the Contractor, such property shall be
restored at the Contractor's expense to a condition similar
or equal to that existing before such damage or injury was
done, he shall make good such damage or injury in an
acceptable manner.
In case of failure on the part of the Contractor to
restore such property, or make good such damage, or injury,
the Engineer may upon twenty-four (24) hours written notice,
proceed to repair, rebuild or otherwise restore such
property as may be deemed necessary and the cost thereof
shall be deducted from any moneys due the Contractor under
the Contract.
R~FERENCE SPECIFICATIONS
Reference to ASTM, or others as listed below, shall
be '~onsidered 'as referring to' the Specifications or
Method of Test as set forth by those various organizations
and shall be considered as part of these Specifications when
designated as such. Abbreviations and meanings are as
follows:
A.S.A ............. American Standards Association
A.S.T.M ........... American Society of Testing Materials
A.A.S.H.T.O ....... American Association of State Highway
& Transportation Officials
A.C.I ............. American Concrete Institute
A.W.S ............. American Welding Society
A.W.W.A ........... American Water Works Association
S.S.P.C ........... Steel Structures Painting Council, Federal
Specifications Treasury Department
Procurement Division, United States Government
(CONTINUED ON NEXT PAGE)
Sec. 00650
11
U.L ............... Underwriters Laboratories
N.E.M.A ........... National Electrical Manufacturers Association
W.P.C.F ........... Water Pollution Control Federation
T.S.D.H.P.T ....... Texas State Department of Highways and
Public Transportation
C.D.G.S ........... City of Dallas General Specifications
S.S.P.W.C.N.C.T...Standard Specifications for Public Works
Construction North Central Texas
1.10 SUBSURFACE CONDITIONS
COntractor shall make his own investigation of subsurface
conditions. No claims for extra compensation due to unusual
soil conditions that are found to exist will be allowed.
~.11 SERVICE OF MANUFACTURER'S REPRESENTATIVE
h~ Contract price for the project shall include the cost of
superintendents who shall represent the ~anufacturers and
sh~ll assist the Contractor, when required, to ~nstall,
ad3ust and test the equipment in conformity with the.
Contract Documen}s. After the equipment is p}aced in
permanent operation by the Owner, such engineer or
superintendent shall make all adjustments and tests, required
by the Engineer to prove that.s~ch equipment is in proper
and satisfactory operating ~ondltlon, and shall instruct'the
Owner's representatives in the proper operation and
· maintenance of such equipment or system.
1.12 PLANS AND SPECIFICATIONS AVAILABILITY
Th~ Engineer will provide the Contractor with six (6)
copies of Plans and Specifications in addition to the
Contract Sets provided for use 'on the project. Additional
copies may be purchased by the Contractor for the
cost of printing. Reproducibles required for as-builts
will be paid for by the Contractor. Engineer will provide
the original Drawings.
1.13 SUBCONTRACTORS
The name and address of each supplier, manufacturer
and subcontractor which the Contractor proposes to use on
work under this Contract shall be submitted in writing
to the Engineer for approval.
Sec. 00650
12
1.14 CONTRACTOR'S RESPONSIBILITY FOR UTILITIES AND SERVICES
The Contractor shall make his own investigations and be
fully responsible for locating and taking care not to
damage any gas, water, sewer, or telephone lines. The
Contractor shall not begin any operations which may
interfere with or impair the normal service being rendered
by public utility operators. The Contractor will be held
responsible for the protection of the property or service of
public utilities within the limits of the Work. In case-
that such physical properties conflict with the performance
of the Contract, it shall be the Contractor's responsibility
to anticipate such conflicts and to give advance notice
thereof to the owners of the utility.
The Contractor will be responsible for any damages done by
him to any utility structure whether owned by a public or
private agency. Damage of whatever nature to the existing
facilities shall be repaired immediately at the Contractor's
own expense as directed by the Engineer.
Contractor shall be responsible for the relocation of any
water, sewer, gas, telephone or other utility which inter-
feres with the performance of the Contract. No extra claims
for compensation will be allowed for any utility relocation,
unless approved in writing by Engineer, prior to relocation.
1.15 MANUFACTURER'S DIRECTIONS
All manufactured articles, materials and .equipment shall
be applied, installed, conneCted, erected and used as
directed by the manufacturers, unless herein
specified to the. contrary. Contractor shall furnish
copier of all printed directions with the material.
1.16 SANITARY FACILITIES
The Contractor shall provide at his own expense field
toilets, for the use of the employees and contractor
for~s. The facilities shall conform to the requirements
of the Texas State Health Department and those of any
other agencies having jurisdiction herewith. The field
toilets shall be cleaned and- scrubbed with a disinfectant
at least once per day.
1.17 GUARANTEE OF WORK
Ail work shall be guaranteed against defects resulting
from the use of inferior materials, equipment or
workmanship for one year from date of final completion and
acceptance of the project.
Sec. 00650
13
1.18 FINAL INSPECTION
When the work is completed, the Contractor shall notify
the Owner in writing on which date he will be ready for
final test and inspection. Notice shall be given seve~ (7)
days in advance and verified by telephone twenty~'four
(24) hours prior to the ti~ set for inspection. After
the Owner and Engineer are completely satisfied with the
work, the Engineer shall make final measurements of all
items and approve final estimate and advise the Owner to
make final payment to the Contractor.
1.19 PERMITS AND LICENSES
Ail permits and licenses of a temporary nature necessary
for the prosecution of the work shall be secured and paid
for by the Contractor. Build%ng permit fees shall be waived
for this work.
1.20 NOTICE-OF-REQUIREMENT
FACILITIES
FOR CERTIFICATION OF NON-SEGREGATED
Bidders are cautioned as follows: By signing the Contract
for which these bids are solicited, the bidder will be
deemed to have signed and agreed to the provisions
of the "Certificate of Non-segregated Facilities" as
contained in the Specifications for this project.
1.21 TESTING
All required testing will be paid for by the City ~f
~0p~eIi~ Any retesting required will be at the
expense~ of the Contractor. Testing requested by the
Contractor for his own use to ascertain whether or
not complying with the Specifications will be paid for by
the Contractor.
1.22 COORDINATION WITH THE RAILROAD
The Contractor shall be responsible for all construction
coordination with the railroad, if involved, including
'secUring permits, right-of-way entry form and notification
to the railroad as work begins.
Sec. 00650
14
1.23 SEQUENCE. OF CONSTRUCTION ~
The contractor will be required to submit to the Engineer a
written sequence of construction with a time table prior to the
beginning of his operations addressing how the principal items of
work will be completed. The proposed plan of operations will be
reviewed by the Engineer and if found satisfactory, approved in
writing. The Contractor shall note the following in planning his
activities:
1. Complete all work in Freeport Parkway in a timely manner and
in accordance with requirements for lowering the existing 16"
water line and installing the detour. Freeport Parkway will
be closed to traffic for lowering the 16" water line, con-
structing the precast box culvert with headwall and recon-
structing the existing pavement. Upon satisfactory
completion of the paving, the detour will be removed and
Freeport Parkway will be opened to traffic at the direction
of the inspector.
2. Minyard's existing driveway connecting Bethel Road to their
parking lot will remain open to traffic except during instal-
lation of the culvert at the drive. Mike Lawler with
Minyard's (393-8700) shall be notified 72 hours prior to re-
moval of any driveway pavement. This drive will be reopened
to traffic upon satisfactory completion of the pavement and
within 45 calendar days of commencing its removal.
Sec. 00650
15
1.24 GENERAL NOTES
Part VI, "Traffic Controls for Street and Highway Construction
and Maintenance Operations" of the "Manual on Uniform Traffic
Control Devices" shall be adhered to throughout the duration
of this project. "Construction Ahead" and "End Construction"
signs, with the barricades shall be installed at the beginning
and end of the project. These signs shall be considered inci-
dental work and will not be paid for as a separate pay item.
Prior to the start of construction, it is the responsibility
of the Contractor to determine the location of all utilities,
whether or not shown on the Plans. The Contractor shall also
be come familiar with any proposed adjustments to be made by
the utility owners and extend full cooperation. Under no cir-
cumstances will a claim for extras, due to delay caused by
various utility companies be allowed.
Any costs resulting from Contractor damages to utilities shall
be the responsibility of the Contractor.
Ail water and sanitary sewer facilities
with construction shall be relocated
Contractor with the Engineer's approval.
that may interfere
and adjusted by the
The Contractor shall notify the Engineer in writing 48 hours
prior to any construction of drainage, water lines and paving.
®
The items under which payment is to be made are as listed in
the Summary of Quantities. Any reference to other items in
the standard specifications as pay items is hereby deleted.
Only the provisions for construction requirements of such
items are to be complied with.
The Contractor will be held responsible for placing and
maintaining all necessary barricades, vertical panels with
flashers and signs to provide maximum safety to the motorist.
All barricades and signs shall be kept clean and broken ones
will be replaced. The Contractor should use good judgment
when considering the safety for motorists. Barricades and
signs will not be a direct pay item on this project.
Provide the Engineer shop drawings for the precast box,
lowering of the 16" water line and installation of the 16"
valve/manhole·
Contractor can use the field west of Minyard's warehouse as a
staging area.
Sec. 00650
16
0700 - STANDARD SPECIFICATION
Unless noted otherwise on the plans or these specifications, all
work included as a part of this contract shall be performed in
accordance with applicable sections of:
North Central Texas Council of Governments, "Standard
Specifications for Public Works Construction," Parts II and
III, latest edition or amendment thereof.
Se
City of Coppell Standard Construction Details, latest edition
thereof.
Additional reference will be made to THE TEXAS STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION Standard
Specifications for Construction of Highways, Streets and
Bridges, September 1982, Part II, Construction Details for
Concrete Box Culverts, Section 462.1 to 462.8.
SECTION 07500 SPECIAL PROVISIONS
These "Special Provisions:" modifying the "Governing Specifica-
tions'' contained herein for this project are as follows: These
sections are amended with respect to the items cited below and no
other sections or requirements of this item are waived or changed.
Remove an4 Reset Sprinkler Head - in addition to the governing
specifications, the following will apply:
Description: This item shall consist of removing the existing
sprinkler system adjacent to the Minyard's office warehouse, which
is serviced from the building, prior to the start of culvert
construction. Two lines of sprinklers service may be in conflict
with the culvert construction. Two valves, as shown on the plans,
also conflict with the culvert and will need to be reset clear of
the work. Lines will be cut and plugged to permit use of the
remaining system during the time construction operations are in
progress.
Components of Minyard's sprinkler system will be salvaged and
stored in a suitable place until construction operation permit
reinstallation. Salvaged material will be used for reinstallation
wherever suitable. Sprinkler heads, electric lines, valves and
water lines that must be replaced will be of the same material and
design as the existing system, as near as possible.
Measurement and Payment: Removing and replacing of sprinkler
systems will be measured and paid for per each sprinkler head set
in place will include removal and salvage of the material in the
original system, plugging the existing lines where cut, hauling
and storage of all salvaged material and the replacing of deter-
iorated and damaged or otherwise unsuitable materials and parts as
necessary to restore the system for its intended use and conform-
ing to the new construction. It is the intent of this item to the
contract that the unit price bid will be full compensation for all
parts, materials, labor, tools, equipment, etc., as necessary to
remove and salvage the Minyard's sprinkler system preparatory to
beginning of constru6tion operations and to restore the completed
and functioning system after construction is completed.
LOWER 16" CONCRETE CYLINDER WATER LINE - in addition to the
governing specifications, the following will apply:
DESCRIPTION:
This work will consist of the following items:
e
Lowering of the existing 16" concrete cylinder water line to
clear the proposed 10'x 5' culvert.
Notifying Minyard's (Mike Lawler at 393-8700), the City of
Coppell (Steve Morton at 462-8495) and Texas Stock Tab (Dick
Bloom at 462-0100) in writing at least one week prior to
affecting their weekend water service.
Sec. 07500
1
Constructing, maintaining and removal
connection between Minyard's 4" service
line. Removing the pipe connection
presence.
concrete.
of the temporary 4"
line and 10" fire
in Steve Morton's
Plugging and covering the tapping valves with
Returning the site to original condition.
4. Performing all work while Freeport Parkway is closed to
traffic.
5. Draining the existing 10" Minyard fire line into nearby swales
to remove stagnate water. Draining until unpleasant taste,
odor and color have dissapated. Sterilizing the existing 10"
fire line.
6. Refilling the proposed 10" fire line and the proposed 16"
Ductile Iron water line for testing by using fire hydrants or
separate taps. Using a double check valve to preclude drawing
highly chlorinated water back into the main system. Metering
all water used. Providing gallonage to Steve Morton (462-
8495). There will be no charge to the contractor for the
water used in testing. Do not recharge these lines by simply
opening an in-line valve unless permission to do so has been
granted by the City of Coppell.
7. Providing all testing and equipment necessary to meet City of
Coppell requirements. Arranging for the bacteriological test
and coordinating the pressure test with Steve Morton.
8. Installing a 16" gate valve on the existing 16" concrete
cylinder line. Constructing a 3" ductile iron bypass around
the proposed 16" valve. Placing bypass and valve in a 6'
diameter vertical valve manhole.
SUC~ESTED SEQUENCE OF CONSTRUCTION:
1. Furnish, install and test proposed 10" DI water line.
2. Flush and sterilize existing 10" fire.line to remove stagnate
water.
3. Remove Freeport pavement and excavate existing 16" pipe prior
to start of deactivating the 16" concrete cylinder line.
4. Complete temporary 4" PVC connection between the existing 4"
domestic service and Minyard's 10" existing fire line prior to
deactivating the 16" concrete cylinder line.
5. Drain the 16" concrete cylinder line. Cut off valves for this
line are located in Bethel Road and south of the railroad near
the existing water tower along Freeport.
6. Furnish and install a 16" gate valve on the existing 16"
cylinder line as shown on-the plans· Work will be performed
Sec. 07500
2
on a weekend, around the clock until complete. Begin
deactivating the existing 16" water line promptly at 5:00 p.m.
on a Friday. Return the 16" water line to service promptly--
no later than 8:00 a.m. the following Monday. Although there
will be no bacteriological or pressure test required for the
gate valve installation, the contractor will keep the existing
pipe sanitary and wipe the inside of the proposed valve and
adapters with a .1% hypochloride solution prior to instal-
lation. Complete the manhole and bypass at a later date.
Remove the temporary connection upon returning the existing
16" line to service.
Furnish, install, coordinate, maintain and test the remaining
length of 16" concrete cylinder water line requiring adjust-
ment later during normal working hours.
MEAS~AND PAYMENt: The price per linear foot to lower the
existing 16" concrete cylinder line shall be full compensation for
furnishing all materials including 16" ductile iron pipe, concrete
cylinder to ductile iron adapters, 16" vertical gate valve with
adapters, 6' diameter vertical valve manhole, three inch bypass,
blocking, fittings, retainer glands with galvanized bolts/nuts,
flushing points, concrete encasement, for all preparation,
maintenance, erections and installations of the materials, for all
labor including flushing, equipment, excavation, embedment,
backfill to 95% density, polywrap, tools, purging, pressure tests,
sterilization, coordination with Texas Stock Tab, Minyard's and
City of Coppell, for the services of Gifford Hill American, for
removal of the existing concrete cylinder line, overtime and other
incidentals necessary to complete the work. The price per foot
for lowering the 16" concrete cylinder line will also include the
construction, maintenance, and removal of the 4" temporary
connection between Minyard's 10" fire line and 4" domestic service
as shown on the plans complete in place. Contractor will provide
all coordination and equipment necessary to purge, pressure test
and sterilize the new facility. This work per linear foot,
complete in place, w~ll include the disposal of surplus materials
offsite. Pavement Removal and Replacement will be paid for under
other bid items.
~ENC~ SAFET~ - in addition to the governing specifications, the
following will apply:
DESCRPTION: This item requires the Contractor to provide a Trench
Safety Plan for all project trench excavation that exceeds a depth
of five feet. This plan will guide the Contractor's operations
and will conform to minimum requirements found in current OSHA
publication 2226, Excavating and Trenching Operations, 1985
Revised.
Sec. 07500
3
The support system shall be planned and designed based on a site
investigation that includes a geologic study, borings and
laboratory tests. The plan shall be submitted to the City
Engineer for acceptance. Excavation shall not commence until a
system has been designed in detail, sealed and signed by Licensed
Professional, Geotechnical and Structural Engineers and accepted
by the City Engineer. Acceptance by the City Engineer shall not
constitute approval of the Trench Safety design and shall not
relieve the Contractor of his responsibility for the work.
MEAS~ AND PAYMENT: The contract unit price bid shall be
total compensation for furnishing a trench safety design, pumping,
use of portable and sliding trench boxes, coordination, mainte-
nance, plan preparation, field inspections by qualified geotech-
nical and/or structural inspectors during the work, labor, tools,
shoring, materials, equipment and all incidentals necessary to
complete the work, including removal of any shoring system. The
provision and maintenance of trench safety will be paid for Lump
S~m.
Item 2.16 BRASS STOPSt COCKS & FITTINGS FOR WATER WORKS SERVICE-
This section is supplemented by the following:
"The items furnished under this section shall also comply with the
City of Coppell requirements and the details shown in the plans."
Item 5.8 PORTLAND CEMENT CONCRETE PAVEMENT - This section is
supplemented by the following:
Item 5.8.1 Description. "The Contractor will be responsible for
the mix design and the mix design must be submitted to the
Engineer for approval prior to using the concrete mix."
Item 6.53 PAYP~T FOR PAVENRNT REPLACEMENT - The first paragraph
is deleted and replaced.,with the following:
"Removal of existing concrete pavement will be paid by the square
yard. Removal of existing asphalt pavement will be paid as un-
classified street excavation. Replacement of concrete pavement
will be paid by the square yard.
Item 6.73 UNDERGROUND WATER CONDUIT INST~L?.ATION
is supplemented by the following:
- This section
(f) Hydrostatic Test
"Contractor will furnish all test equipment and perform the
hydrostatic test to the satisfaction of the City of Coppell
inspection personnel."
Sec. 07500
4
(r) Blocking
"Concrete blocking will not
but will be subsidiary to
Proposal and Bid Schedule."
be paid for as a separate item,
the various bid items of the
(s) Purging and Sterilization of Water Mains
"The Contractor's personnel will perform the purging, sterili-
zation and testing of the new water mains, this work shall be
performed to the satisfaction of the City of Coppell, Texas,
and the Contractor will be responsible for sterilization test
samples. No separate payment will be made for this item of
work."
(3) Measurement and Payment
[a] Owner
"The Contractor will furnish all materials required to
purge and sterilize the lines.
Sec. 07500
5
THE CITY OF COPPELL
for Construction of
BETHEL ROAD DRAINAGE IMPROVEMENTS
from POSTAL SITE to FREEPORT PARKWAY
ADDENDUM NO. 1
August 2~. 1988
The plans, specifications and contract documents for construction of paving,
drainage and water line improvements on which bids are to be received
until 10:00 a.m., August 26, 1988, are hereby modified as follows:
1. General Notes - 16" Water Line Lowering - Note #2, page 5 of 7:
Delete Note #2 and replace as follows:
All plain end adapter welds will utilize split butt straps.
All split butt straps, welds, filling of exterior joint spaces
and misc'ellaneous preparations will be furnished and
installed by Gilford Hill American, Inc. as part of this
contract.
Delete No. #3 and replace as follows:
ge
3. All ductile iron joints will be mechanical joints with
regainer glands unless shown otherwise on the plan.
SPECIAL PROVISIONS
Lower 16" Concrete Cylinder WATER LINE. The following supplements
this special provision:
ge
Minyard's existing office and. warehouse distribution center
services off the existing 16" pretensioned concrete cylinder
water line in Freeport. Water service will be maintained
at all times to Minyard's warehouse refrig-eration coolers.
The 10" fire line and temporary zl" connection will provide
this service during deactivation of the 16" cylinder line in
Freeport. :
Adapters will be designed and m~nufactured in accordance
with the applicable provisions of AWWA C303, latest
revision and approved by Underwriters Laboratories.
Provide a certificate of compliance. Design working
pressure is 150 psi.
Verify the location of existing joints in the area of work
on the 16" pretensioned concrete cylinder line prior to
construction.
Addendum No. 1
August 23, 1988
Page 2
e
Se
All 16" Ductile Iron pipe will be Class 50. All 3" Ductile
Iron pipe will be Class 51.
All adapters, taps of the 16" pretensioned concrete cylinder
line and cutting of the 16" pretensioned concrete cylinder
line will be furnished and installed by Gilford Hill
American as part of this contract.
The existing 10" fire line inside the Minyard~s complex is
approximately 2,q00 feet long.
All welders will be qualified in accordance with American
Welding Society Standards. Split butt strap welds will not
be x-rayed.
The existing 16" pretensioned concrete cylinder line will be
deactivated using a tap, pumps and drainage into the
nearby storm sewer to preclude contaminated water re-
entering the existing 16" pretensioned concrete cylinder
water line.
Bidders shall acknowledge receipt of this and all other
addendum in the space provided in the Proposal and Bid
Schedule and on the outer envelope of the bid.
END OF ADDENDUM NO. 1