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DR9303-AG 960611CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MOORE ROAD DRAINAGE IMPROVEMENTS DR 93-03 FOR THE CITY OF COPPELL APRIL 1~96 TABLE OF CONTENTS Section 1 - Bidding and Contract Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule & Prevailing Wage Rates Standard Form of Agreement (Contract) performance Bond Payn~nt Bond Maintenance Bond City of Coppell's Supplementary Conditiom to the NCTCOG Standard Specifications for Public Works Construction Section 2 - Specific Project Requirements Section 3 - Special Provisions to Standard Specifications for Construction For this project, the Standard Specifications for Public Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall govern all work to be done, together with any additional Special Specifications or Specific Project Requirements included herein. Section 4 - Description of Pay Items Addendums 1-2 1-3 thru 1-12 1-13 thru 1-27 1-28 thru 1-33 1-34 thru 1-35 1-36 thru 1-37 1-38 thru 1-39 1-40 thru 1-46 2-1 thru 2-7 3-1 thru 3-4 4-1 thru 4-4 B~D~G AND CONTRACT DOCUMENTS SECTION I BIDDING AND CONTRACT DOCUMENTS SECTION I SECTION 1 - BIDDING AND CONTRACT DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for Moore Road Drainage Improvements DR 93-03. Specifications may be obtained at a cost of $25.00 from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (214) 462-0022. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for Moore Road Drainage Improvements DR 93-03 will be received in the Purchasing Office at the City of Coppell Town Center, 225 Parkway Boulevard, until 10:00 a.m., Thursday, May 2nd, 1996, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppeil Bid No. Q 0496-01 designated clearly on the exterior of the bid envelope. There will be a "Pre-bid" Conference conducted on April 23, 1996 at 2:00 p.m. in the second floor conference room at Coppell Town Center, 255 Parkway Boulevard. The Owner reserves ~he right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the trmisbed product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. 1-2 BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Del'reed Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda iss-u~d prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, .it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This project is located in the Moore Road and Sandy Lake Road right-of-way immediately north and east of the Moore Road and Sandy Lake intersection. The scope of work is as shown on the construction plans (DR 93-03) and as stated in these specifications. Generally, the work shall consist of the installation of 1335 L.F. of 66" RCP, 170 L.F. of 6x4 Box Culvert, 130 L.F. of 48" RCP, removal and replacement of approximately 220 L.F. of 36" N-12 pipe and 20 L.F. of various other sizes of RCP. The remainder of the work consists of: connection to channel/headwall; removal and replacement of a flume and manhole; cut and plugging RCP and sanitary sewer; and pavement repair. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25.00. The following general requirements pertain to the Bidding Documents: 1-3 Bidding and Contract Documents 3.2 3.3 A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. c) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 'The Owner, in making copi'~ of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. Qualification~ of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if 14 Bidding and Contract Documents any, that he must rent/lease as may be required to complete this project. D. Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidd-e~ maintains a permanent place of business. Conflict of Interest. City Charter'states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. Examination of Contract Documents and Site. Access to the site shall lxt from Moore Road and Sandy Lake Road. Prospective Bidders shall respect all improvements. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, Co) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 1-5 Bidding and Contract Docum#nt~ 6.2 6.4 6.5 6.6 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of thi~ project. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional e.xaminations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or comiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. The submission of a Bid _will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Interpretations and addenda. 1-6 Bidding and Contract Documents 7.1 7.2 8.2 8.3 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. Contract Time. The time for completion in calendar days should be included on the Bid Form in the space provided. All work shall ~ complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred and forty dollars ($240.00) per day. 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer umil after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 1-7 Bidding and Contract Documents 11.1 11.2 12. 12.1 12.2 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in ev_a_luating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. Bid Proposal. Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By " If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. 1-8 Bidding and Contract Documents If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the f'mn or partners. 13. Provision Concerning Escalator Clauses. 14. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bid~= Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 15. Submission of Bids. 16. 16.1 16.2 Bids will be received by the Purchasing Agent, and shall be submitted to the Pumhasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019 until 10:00 a.m. on May 2nd, 1996, and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q 0496-01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Moore Road Drainage Improvements - DR 93-03" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate documem duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 1-9 17. Rejection of Bids. 18. 19. 19.1 19.2 Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. Award of Contract. The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. 1 - 10 aitttting ~ Contact o~¢u,nents 19.3 The Owner may consider the qualifications and experience of any SubcontracWrs, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessa~ to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 .~ If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Ox0iier indicates to the Owner that the award will be in the best interests of the Project. 19.6 If the contract, is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 20. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 21. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 1-11 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1-12 BIDDING AND CONTRACT DOCUMENTS BID FORM PROJECT IDENTIFICATION: Moore Road Drainage Improvements - DR 93-03 in Coppell, Tx. BID OF M-C0 Construction. Inc. DATE May 2. 1996 (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 crI~Y OF COPPELL BID NO:-- Q 0496-01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all '~qork as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: 1 2 Date: 4/26/96 5/01/96 Re&d: 1-13 Bidding and Co~ract Document~ (c) (e) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied_carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) (g) (h) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, fn'm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, f'n-m or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage_~over any other Bidder or over OWNER. 0) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. BIDDER will complete the Work for the following price(s): 1-15 Bidding ~md ~ontract Document~ UNIT PRICE BID SCHEDULE MOORE ROAD DRAINAGE IMPROVEMENTS DR 93-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1 1354 LF 66" RCP 133.00 180,082.00 Complete in Place One hundred thirty-three Dollars and no Cents per LF. 2 1~7 LF 6' x 4' Box Culvert 147.00 24,549.00 Complete in Place One hundred forty-seven Dollars and no Cents per LF. 3 239 LF 36" N-12 Storm Drain Pipe 79.00 18,881.00 (Includes removal & replacement of about 220 LF 36"N-12 pipe and about 20 LF of 18" RCP's and headwall) Complete in Place Seventy-nine Dollars and no Cents per LF. 4 10 LF 30" RCP (with plug) 44.00 440.00 Complete in Place Forty-four Dollars and no Cents per LF. UNIT PRICE BID SCHEDULE MOORE ROAD DRAINAGE IMI~ROVEMENTS DR 93-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 5 10 LF 18" RCP (with plug) 28.00 280.00 Complete in Place Twenty-eight Dollars and no Cents per LF. 6 la LS Channel Work for 48" RCP 4,800.00 4,800.00 Complete in Place Forty-eight hundred Dollars and no Cents per LS. 7 1 EA Connect 48" RCP to 5,420.00 5,420.00 Downstream Headwall Complete in Place Fifty-four hundred twenty Dollars and no Cents per each. 8 1 EA Connect 6' x 4' Box to Channel 4,400.00 4,400.00 Complete in Place Forty-four hundred Dollars and no Cents per each. 1-17 Bidding and Contract Documents UNIT PRICE BID SCHEDULE MOORE ROAD DRAINAGE IMPROVEMENTS DR 93-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 9 1 EA Connect 21" RCP to 48" RCP 1,393.00 1,393.00 Complete in Place Thirteen hundred ninety-three Dollars and no Cents per each. 10 ~1, EA Remove Concrete Flume 180.00 180.00 Complete in Place One hundred eighty Dollars and no Cents per each. 11 1 EA Install Concrete Flume 795.00 795.00 Complete in Place Seven hundred ninety-five Dollars and no Cents per each. 12 1 EA Remove Storm Drain Manhole 270.00 270.00 Complete in Place Two hundred seventy Dollars and no Cents per each. 1-18 Bidding and Contract Documentt UNIT PRICE BID SCHEDULE MOORE ROAD DRAINAGE IMPROVEMENTS DR 93-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 13 2 EA Install Storm Sewer Manhole 7,100.00 14,200.00 Complete in Place Seventy-one hundred Dollars and no Cents per each. 14 2 EA Cut & Plug 18" RCP 162.00 324.00 '- Complete~in Place One hundred sixty-two Dollars and no Cents per each. 15 3 EA Cut & Plug Sanitary Sewer 130.00 390.00 Complete in Place One hundred thirty Dollars and no Cents per each. 16 500 LF Pavement Repair 49.00 24,500.00 Complete in Place Forty-nine Dollars and no Cents per IF. 1-19 UNIT PRICE BID SCHEDULE MOORE ROAD DRAINAGE IMPROVEMENTS DR 93-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 17 5.6 CY 6" Rip Rap 330.00 1,848.00 Complete in Place Three hundred thirty Dollars and no Cents per CY. 18 ~. EA Lower Existing 2,025.00 6,075.'00 Water Lines Complete in Place Two thousand twenty-five Dollars and no Cents per each. 19 75 LF Concrete Encase Existing 46.00 3,450.00 Water Lines Complete in Place Forty-six Dollars and no Cents per LF. 20 1 LS Trench Safety 2,160.00 2,160.00 Complete in Place Twenty-one hundred sixty Dollars and no Cents per LS. 21 130 LF 48" RCP 139.00 18,070.00 Complete in Place One hundred thirty-nine Dollars and no Cents per each. 1-20 Bidding and Con~ract Docum~nt~ UNIT PRICE BID SCHEDULE MOORE ROAD DRAINAGE IMPROVEMENTS DR 93-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 22 60 LF Pavement Repair 49.00 2,940.00 Complete in Place Forty-nine Dollars and no Cents per LF. 23 11 SY Remove and Replace Sidewalk 31.00 341.00 Comple~ in Place Thirty-one Dollars and no Cents per SY. 24 1 LS Hydro Mulch / Sod / 1,120.00 1,120.00 Landscaping / Irrigation Complete in Place Eleven hundred twenty Dollars and no Cents per LS. TOTAL BID ITEMS 1 THRU 24 $ 316,908.00 TANGIBLE PERSONAL PROPERTY COST $ 178,365.00 1-21 Bidding and Conffact Documents UNIT PRICE BID SCHEDULE MOORE ROAD DRAINAGE IMPROVEMENTS DR 93-03 ALTERNATE BID Delete I(ems 21. 22, 23 & 24 and Add the following: Unit Description and Price in Words J Unit Total Item Quantity No._~~' Price P~ce 25 130 LF Micro-tunnel or Bore 48" R~ 536.00 69,680.00 beneath Moore Road (Inj~ffding all materials) ~' -- Complet~jn Plac.~ Five hundred.~t~-ty-six Dollars and no Ce~r per ~ TOTAL B~S 1 THRU 20 & 25 TANGl~E PERSONAL PROPERTY COST $ 364,117.00 $ 178,365.00 NOTE: ALL BIDDERS SHOULD SUBMIT A BID ON THE ALTERNATE 1-22 B/dd/ng and Con/tact Doeument~ BID SUMMARY TOTAL PRICE CALENDAR DAYS TOTAL BASE BID ITEMS 1 THRU 24 $ ~116.908.00 100 In Words: Three hundred sbrt_~n tho,,~nnd, nine hundred ely. bt dollars and no cents BIDDER agrees that all Work awarded will be completed within 100 Calendar Days. Contract time will commence to run as provided in the Contract Documents. 7. ~" Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limit~l Sales and Use Tax on tangible persbnal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON May 2, 1996. 1-23 Bidding and Contract Documents The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF '~eX A 5 COUNTY OF "/--~ ~ ~-;,~ Aj'7~ BEFORE ME, the undersigned authority, a Notary Public in and for the State of -~c.,~$ , on this day personally appeared ~;CE~, .'T' /~ ?~ who after being by me ~ Name duly sworn, did depose and say: iName Name of Finn foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with an~ other Bidder or individual(s) engaged in the same line of business prior to the official o~ening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon.' Name and Address of Bidder: Telephone: ( ~17 ) ~" '7$~0 I Title: "~1~'~ c~ ~ SUBSCRIBED A.ND SWORN to before me by the above named on lhis the day of 19qb . Notary Public in and for the State of If BIDDER IS: By. (Seal) (Individual's Name) doing business as Business address Phone No. A Partnershiu ~y (Seal) (Firra Name) (Oeneral Parmer) Business address ~. Phone No. A Corm)ration By (Corporation Name) (State of Incorporation) (Name of pe~on authorized to signJ // (Title) ^~,t(C°rp°'te ' (Secretary) Business address ~$1~ 14a~-~,$o~ Ed ~Lbc 'Fi Phone No. 817- S8fl-71,01 A Joint Venture By. By. (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership end corporation that is a partner to the joint venture should bc in the manner indicated above.) 1-25 AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 0000577988 PREMIUM Included tn bid bond service fee, BID DATE 05/02/96 PUBLIC WORKS BID BOND Know all men by these presents: Thatwe, H-CO Constructfon, Inc. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (heralnalter called """ Surety). organized and existing under the laws of the State of California and authorized to ~ansact · general surety business in the State of Texas , as Surety, ~;~ held and firmly bound unto Cttv of Coooell (heralnalter called Obligee) in the penal sum of Ftve percent ( 55 ) o! the bid amount, but ~n no event to exceed Tweol;¥ Five Thousand and no/100 ................................ Dollars ($ .....2.5.~000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH. that, whereas the '"- Principal has submitted or is about to submit a proposal to the Obligee on a contract for Root'e Road Ot'atnage [mpt'ovemen1:s DR 93-03 NOW, THEREFORE, if the contract is awarded to the Principal and the surety has been provided with sulfic~en! proof by Obligee o! acceptable financing for the project, and the Principal has, within such time as may be specified, (but in no event later than 60 clays a~ter such award), entered into the contract in writing, and provided a bond with surety acceptable to the Obligea tot the faithful performance of the contract; or il the Principal shall fail to do so, pay to the Obligee the difference nol to exceed the penalty hereof between the ~mount specified in t~e bid ancl such larger amount for which the Ohligee may in good laith contract w~t~ another party to perform the work covered by the b~d. then this obligation shall be void; otherwise to remain in tull force and elfect. SIGNED, SEALED AND DATED THIS DAY OF, .Ray 2, 1996 BY: '-~~~::~ -' s,g~u,, AMWEST SURE'fY INSURANCE COMPANY By:. Ctn~_i~?.,,~~ _. ./JlI'II'Ut!';i' .~'~til'i?l:jt II1.¢tll'ilflCt? ~his doeument il printed on whim paper eonminin$ the afliflcinl watermarked Iolo (~) or Amweat Surety Insuranee Company (the"Company") on the front m~l bre,m~ nseurity pepet on the be¢k, Only unsltered odgtnsis of the POA ate vMid+ This POA may not be used in een~urmtion with any other POA. No i~pl~lentetJons or w~n~ntje~ rein'ding this POA may be made by ~ny permn. This FOA is governed by the I a,,~e of the State of California and is only v~lid until the expiration date. The Company sbell not be liable on any limited POA which is fmudulantly prnduend, for~ed ec othenvise disUibutnd without the permission of the Company. Any p~ty concerned about the validity of this POA or nn accompanying Compeny bend should call your local Atavist beanch om~e at that Amwest Surety Insurance Company. a Nebensk~ co~poration (the "Company"), does hereby make, DON EDWIN SMITH RAY WATSON AS EMPLOYEES OF BALDWIN INS AND BONDING AGENCY IM nature thereof ss follo~. Llc~ue~J Permit Bomb up to Mbcelhneom Bomb up to S*** * * '2S,000.00 -' Bid Bonds up to ContrKt (Perforumnce & Pq;mmt), Cour~ SuMivtdon $* '2,S00,000.00 other writ~n obligations in and to bind the compeny thereby. T~is appointment is m~de under lind t I, the undersigned secrete~ o f Am',~st Sure~ provisions of the By. Lnws of the Company, remains in full and that the relevant BondNo. 0000577988 authority of the Compen) (i) when signed by (ii) when signed by (iii) when duly executed and ! by the po~r of attome RESOLVED FURTHER. tbet the s thereof authorizing Karen G, Cohen, Secretary the Board of Directors of Amidst Surety Insurance {ifa seal be requited) by any Secretary or Assistant Secretary; or or Assistant $ecl~t~y, and eountetlignnd and sealed (if a seal be required) by a duly ~ so used shill hive the same forns Ind effect as thou. gh mmsually atTtxed. Co~ ofL~ Angel~ ~sh~ ~u~ ~ ~ in h~ir au~ori~ ~i~(i~), ~ ~ ~ hi~eir si~a~s) ~ ~ ~e~ o~t~ ~fl~h~ R IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT Yeu may contact the Texu Department of Instance to obtain~ informaaon on companies, coverages, rights or complaints at 1-800-252-3439 You m;y write the-Texas Department of Insuranc~ P.O. Box 149104 Austin, TX 78714-9104 FAX No. (5121 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact me company first, if the dispute is not resolved, you may contact the Texas Department of Insurance. A~rACH THIS NOTICE TO YOUR POt. ICY This notice is for information only and does not become a part or condition of the attached document. SECTION 00640 - LABOR CLASSIFICATION AND MINIMUM WAGE SCALE The City of Coppell is the contracting agency for this construction project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in contracts that are bid. Vernon's Texas Civil Statutes- Article 5159a: "Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rate to be maintained." Pursuant to the requirements of thi~ statute, the City of Coppell, has ascertained the following rates of wages are paid to various classifications of workers in the locality of this project. NS less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1 & I/2) times the base hourly rate. The rates specified are journeyman rates. Apprentices may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate not less than 60% of the journeyman's wage as shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE Air Tool Operator $7.554 Asphalt Raker 8.565 Asphalt Shoveler 8.255 Batching Plant Weigher 9.371 Batterboard Setter 8.920 Carpenter 9.447 Carpenter Helper 7.695 Concrete Finisher - Paving 9.345 Concrete Finisher Helper Paving 8.146 Concrete Finisher - Structures 9.058 Concrete Finisher Helper Structures 7.494 Concrete Rubber 7.733 Electrician 12.761 Electrician Helper 8.436 Flagger 5,598 Form Builder - Structures 8.717 Form Builder Helper Structures 7.550 Form Liner: Paving & Curb 8.913 Form Setter - Paving & Curb 8.686 Form Setter Helper Paving & Curb 7.787 Form Setter - Structures 8.427 Form Set~er Helper Structures 7.356 Laborer - Common 6.402 Laborer - Utility 7.461 Manhole Builder lI.000 Mechanic 10.658 Mechanic Helper 8.345 Oiler 8.698 1 - 26 CLASSIFICATION HOURLY RATE Servicer 8.104 Painter - Structures 10.913 Painter Helper Structures 8.000 Piledriver 7.500 Piledriver Helper 7.000 Pipe Layer 8.509 Pipe Layer Helper 7.037 Blaster 11.333 Blaster Helper 7.250 Asphalt Distributor Operator 8.404 Asphalt Paving Machine 9.053 Broom or Sweeper Operator 7.908 Bulldozer, 150 HP & Less 8.703 Bulldozer, Over 150 HP -~' 9.160 Concrete Paving Curing Machine8.213 Concrete Paving Finishing Machine 9.453 Concrete Paving Form Grader 8.500 Concrete Paving Joint Machine 9.042 Concrete Paving Joint Sealer 7.350 Concrete Paving Saw 9.290 Concrete Paving Spreader 9.750 Paving Sub-Grader 9.000 Slipform Machine Operator 9.000 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Less Than 1 1/~ C.Y. 9.513 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 1~ C.Y. & Over 10.517 Crusher or Screening Plant Operator 9.500 Form Loader 12.000 Foundation Drill Operator Crawler Mounted 10.000 Foundation Drill Operator Truck Mounted 11.138 Foundation Drill Operator Helper Truck/Crawler 8.688 Front End Loader 2~ C.Y. & Les~.823 Front End Loader Over 21/~ C.Y9.311 Hoist - Double Drum 8.917 Milling Machine Operator 6.650 Mixer (over 16 C.F.) 9.000 CLASSIFICATION HOURLY RATE Mixer (16 C.F. & Less) 7.913 Mixer - Concrete Paving 9.500 Motor Grader Operator Fine Grade 10.346 Motor Grade Operator 9.891 Pavement Marking Machine 6.402 Roller, Steel Wheel Plant - Mix Pavements 8.339 Roller, Steel Wheel Other Flatwheel or Tamping 7.963 Roller, Pneumatic, Self-Propelled 7.403 Scraper - 17 C.Y. & Less 8.138 Scraper - Over 17 C.Y. 8.205 Side Boom 7.793 Tractor - Crawler Type 150 HP & Less 8.448 Tractor - Crawler Type Over 150 HP 8.448 Tractor - Pneumatic 7.735 Traveling Mixer 7.615 Trenching Machine - Light 8.188 Trenching Machine - Heavy 12.498 Post Hole driller Operator 9.000 Wagon - Drill, Boring Machine9.000 Reinfoming Steel Setter Paving 9.218 Reinforcing Steel Setter Structuresll.548 Reinforcing Steel Setter Helper 8.665 Steel Worker - Structural 12.860 Sign Erector 11.436 Sign Erector Helper 6.402 Spreader Box Operator 6.988 Barricade Servicer Zone Work 6.402 Mounted Sign Installer Permanent Ground 6.402 Truck Driver - Single Axle Light 7.465 Truck Driver - Single Axle Heavy 8.067 Truck Driver - Lowboy/Float 9.653 Truck Driver - Transit Mix 7.507 Truck Driver - Winch 8.200 Vibrator Operator 7.000 Welder 10.459 Welder Helper 9.000 I - 27 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 1996 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and M-Co Construction, Inc. (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR sh_all complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project is located in the Moore Road and Sandy Lake Road fight-of-way immediately north and east of the Moore Road and Sandy Lake intersection. The scope of work is as shown on the construction plans (DR 93-03) and as stated in these specifications. Generally, the work shall consist of the installation of 1335 L.F. of 66" RCP, 170 L.F. of 6x4 Box Culvert, 130 L.F. of 48" RCP, removal and replacement of approximately 220 L.F. of 36" N-12 pipe and 20 L.F. of various other sizes of RCP. The remainder of the work consists of: connection to cbannel/headwall; removal and replacement of a flume and manhole; cut and plugging RCP and sanitary sewer; and pavement repair. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Moore Road Drainage Improvements DR 93-03 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1-28 st, m,ar,t ro~ ol ~rt~m*at Article 3. CONTRACT TIME. 3.1. The Work will be completed within 100 calendar days from the date when the Contract time commences to mn as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of re-~uiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty and no/100 dollars ($240.00) for each day that expires after the time spec. ified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contact sum shall be the amount of $ 316.908.00. The total tangible personal property cost included in the contract sum is $178.365.00 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 1-29 St~d~n~ ror,n o!~n~m~,, 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER 'shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC- 1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, 1-30 reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1-28 thru 1-33, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1- 40 thru 1-46). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for Mo~re Road Drainage Improvements - DR 93-03 for the City of Coppell". 8.8. Drawings entitled: "Moore Road Drainage Improvements - DR 93-03". 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 1-31 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defmed in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limi~l by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its parmers, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. -32 Standard Form of Agrtem#nt Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER ot] their behalf. This Agreement will be effective on ~J~/.~..~ // ~ , 19 ~ . OWNER: City of Coppell CONTRACTOR: M-Co ConsUva:tion, Inc. 255 Parkway Boulevard Coppell, TX 75019 TITLE: t~//~ )/O~ 6816 Harmonson Road N. Richland Hills, TX 76180 ATTEST: Address for giving notices: Address for giving notices: P.O. Box 478 Coppell, Texas 75019 Attn: Ken Griffm, P.E. Assistant City Manager/City Engineer (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 1-33 stantt~ to,',,, o~ a~meme~t RESOLUTIONS OF CORPORATE BOARD A~T~ORITY TO PROCURE COI~i'RACTS (C~aTIFI~D I HEREBY CERTIFY that I am the duly elected and qualified secretary of M.-Co .Construction Inc and the keeper of the records and corporate seal of said corporation; that the following is a true a~d correct copy of resolutions duly adopted at a meeting of the Board of Directors thereof held in accordance with its by-laws at its offices at 6816 Harmonson Rd NRH TX on the . 26 day of June 1996, and that the same are now in full force. COPY OF RESOLUTIONS "BE IT RESOLVED, That the President, Vice Presidents, and Secretary/Treasurer of this corporation, or their-his successors in office, or any one of them be and they-he hereby are-is authorized for, on behalf of, and in the name of this corporation to negotiate and procure contracts. I HEREBY FURTHER CERTIFY that the following named persons have been duly elected to the offices set opposite their respective names, that they continue to hold these offices at the present time, and that the signatures appearing hereon are the genuine, original signatures of each respectively: (PLEASE SUPPLY GENUINE SIGNATURES HEREUNDER) President Vice President ice President ecretary/Treasurer IN WITNESS WHEREOF, I have hereunto affixed my name as secretary and have caused the corporate seal of said corporation to be hereto affixed this 26 day of June 19 9__6. IMPRINT SEAL H~RE Bond No. 015005874 Premium: $7339.00 Premium based on contract price STATE OF TEXAS } COUNTY OF DALLAS } PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That M-Co Construction, Inc. whose addl~ss is 6816 Harmonson Road, N. Richland Hills, TX 76180 hereinafter called Principal, and Amwest Surety Insurance Company , a corporation organized and existing under the laws of the State of Nebraska , and fully licensed to transact business in the State of Texas as Surety, are held and fmnly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Three Nundred Si xteen Thousand Hundred Eight & No/100 ............................................................ DOI.LA_RS ($ '-' 316,go8.oo ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, fh'mly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which [ncreases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the nth of dune , A.D. 19 ~ , which is made a pan hereof by reference, for the construction of certain public improvements that are generally described as follows: Moore Road Drainage Improvements Project No. DR 93-03 Bid No. Q 0496-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulffil all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereqf which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 1-34 ~',,-/orm~e, tuna PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delii~red and on whom service of-process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three (a) copies, each one of which shall be deemed an original, this the 1 lth day of dune , 19 ~6. PRINCIPAL SURETY M-Co Construction, Inc, Title: AMWEST SURETY INSURANCE COMPANY By: ~ Y~',.~ Title: Don Edwin Smith, Attorney-in-Fact ATTEST: ATTEST: Tl~e~Resident Agent of the Surety-in Dallas or Denton County, Texas, for delivery of horace and service of the process is: NAM'E: William D. Baldwin ADDRES$:1201Kas Drive, Suite B, Richardson, TX 7508l NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. Premium: $Z339.00 Premium based on contract price PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That M-Co Construction, Inc. whose address is 6816 Harmonson Road, N. Richland Hills, TX 76)80 hereinafter called Principal, and Amwest Surety Insurance Company , a corporation orgnni?ed and existing under the laws of thc State of Nebraska , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Three Hundred Sixteen Thousand Nine Hundred Eight & No/lO0 ............................................................ DOLI_AI~ ($ 316,90s.00 ) in lawful money of thc United States, to be paid in Dallas County, Tex~ for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, fn-mly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract Price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the nth of June , A.D. 19 96 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Moore Road Drainage hnprovements Project No. DR 93-03 Bid No. Q 0496-01 NOW, THEREFORE, if thc Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., 1-36 Payme~Bo~d accompanying the sarae, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNF_,SS Wtl~REOF, this instrument is executed in three (3) copies, each one of which shall be deemed an original, this the 1 lth day of June , 19 9g'. --- PRINCIPAL SURETY M-Co Construction, Inc. AMWEST SURETY INSURANCE COMPANY Title: ~fe 5~ c~o~ Tifle:0on Edwin Smith, Attorney-in-Fact ATTEST: ATTEST: Th~esident Agent of the Surety in Dallas or Dentoneounty, Texas, for delivery of notice and service of the process is: NAME: William D. Baldwin ADDRESS: 1201Kas Drive, Suite B, Richardson, TX 75081 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person ~ 1-37 Payment Bond Bono I~0o UlbUUb~/~ Premium: $7339,00 Premium based on contract price STATE OF TEXAS } COUNTY OF DALLAS } MAINTENANCE BOND ~OW ~L MEN BY THESE PRF~ENTS: THAT s-co Construction. Inc. Amwest Surety Insurance Company , a corporation organized under the laws of Nebraska , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell , a Municipal Corporation, Texas, the sum of One Hundred Fifty Eight Thousand Four Hundred .~tfty Four & No/lO0 ................. Dollars and ......................... Cents ($, 15s.454.00 ), for the payment of which .~m will"and truly be made unto said city of coppell , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said M-Co Construction, Inc. ~ this day entered into a written contract with the said City of Coppell to build and construct Moore Road Drainage Improvements, Project No. DR 93-03~ Bid No, 0 0496-01 which contract and the plans and specifications therein mentioned, adopted by the ct ty of coppei 1 are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of coppeI1 shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. ]~ ~TrN~SS IvVlt~R~Ol~, the said M-Co Construction, Inc. has caused these presents to be executed by and the said Amwest Surety Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Don Edwin Smith , has hereunto set his hand, the llth day of June , 19 9~ PRINCIPAL M-Co Construction, Inc. SURETY AMWEST SURETY INSURANCE COMPANY Title: Don Edwin Smith, Attorney-in-Fact WITNESS: ATTEST: ~ Date of Maintenance Bond must not be prio date of Contract. 1-3 9 Ma~t~nance Bond LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company ~,~o..^~ 5-22-97 ~ow~ ~ 0000601941 KNOW ALL BY THESE pRESENT, that Amwcst Surety Insurance Company, a Nebraska corporation (the 'Company"), docs heroby make, Contract (Performm~e & pm~mt), Court, Subdivbam S* '2,500,000.00 i~ons in and to bind thc company thereby. This appointment is made under and I I, the undersigned secrecy of Amwe~t Surety force provisions of the By-Laws of the Company, t thi~ Pov~t of Attorney remains in full and tkat the relevant Bond No. 0150058?4 This POA is signed and ~ ~ au~orby ~ (ii) ~en sign~ ~ ~e ~ident or ~ ~OL~D ~ ~nt ~e s Karen G. Cohen, Secretmy , the Boant of Directors of Am~est Sm~ty Insurance t Assistant Secretmy, may appoint attorneys-in- fact or agents with for and on behalf of tbe Company, to execute and delive~ and affix the seal of all kinds; and said office~ may remove any such attorney-in-fact or agent and ) obligation shall be valid and bind upon the Company: (ifa seal be required) by any Secretmy or Assistant Secretmy; or or Assistant Secrere~, and countersigned and sealed (ifa seal be requited) by a duly one or more atmmeys-in-thct or agents pursuant to and within the limits of the authority evidenced when so used shall have the same force and effect as though manually a~xed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal th be hereunto affixed this 14th day of December, 1995.~ Stat~ of California County of Los Angeles On December 14. 1995 before me. Pegg~ B. LoRon Notmy Public, personally appeared John E. Savage and Karen G. Cohen, pe~onally known to me (or proved to me on the basis of satisfactoly evidence) to be the person(s) whose name(s) is/are subscribed to the within insh-umcnt and acknowledged to me all that he/she/they executed the same in his/her~heir authorized capacity(ics), and that by his/her~lalr signarere(s) i en e o ~ n of which the ~i~. rson(s) acted, executed the instalment. ................... :' I \.~',, .~ ,,-.~,~;.--' _,_ __ R IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX No. (512) 475- 1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first, if the dispute is not resolved, you may contact the Texas Department of Insurance. AI-rACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. ITEM 1.0 - DEFINITIONS SC-1.0 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day: Add the following sentence to the end of the working days definitions: Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same-meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC-l.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 140 Supplementary Cor_~on$ ITEM 1.16 - NOTICE TO PROCEED SC-1.16 Add following sentence to end of Item 1.16. Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC-1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the' Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC-1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies". Add the following to the end of Item 1.20.1: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC-1.20.5 Add the following new Item 1.20.5 immediately after Item 1.20.4: 1.20.5 Existint Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. 1-41 Suppltmtntary Cor_~ffvns If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC-1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY s¢-1.24.2.i Add the following new Item 1.24.2.1 immediately after Item 1.24.2: 1.24.2.1 Should-CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, amhitects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINE_ER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item !.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. 142 Supplementary Conditiont ITEM 1.26 - INSURANCE SC-1.26.6 Add the following new item: 1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-1.26.7 A~'d the following new item: 1.26.7 CONTRACTOR intends that any policies provided in response m Item 1.26 shall protect all of the parties insured and provide coverage for all losses and damages caused 'by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. ITEM 1.27 - MATERIALS AND WORKMANSHIP: WARRANTIES AND GUARANTEES SC-1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years". ITEM 1.32 - WORKING AREA: COORDINATION WITH OTl-l~R CONTRACTORS: FINAL CLEANUP SC-1.32.1 Delete Item 1.32.1 in its emirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer 1-43 Supplementary Conditions shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTI-IER CONTRACTORS; OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "Tl~e ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS; EXTENSION OF TIME~ LIOUIDATED DAMAGES SC-1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC-1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 1.42 - INSPECTION AND TEST SC-1.42 1.42.3 Amend the first paragraph to delete "direction and expense of the Owner" and add the Supplementary Conditiont following "direction of the Owner and expense of the Contractor". Amend the last paragraph, first sentence by changing "Contractor" to "Owner". ITEM 1.49 - OWNER'S. EMPLOYEES OR AGENTS SC-1.49-2 Replace Item 1.49.2 with the following new paragraph: 1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof: 1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered 1-45 Supplernenlmy Co,,#;~,,n.v as becoming "incorporated" into the projecO. Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project. The .successful bidder's bid form will be used to develop the ~separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 1-46 S~p~mentaryC~ndi~ SPECIFIC PROJECT REQUIREMENTS SECTION 2 SECTION 2 SPECIFIC PROJECT REOUIREMENTS The construction specificatiom which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C. O. G. ). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 3 - Special Provisions to Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. 2-2 Speci~c Project Requirements SECTION 2- SPECIFIC PROJECT REOUIREMENTS 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right--of-way. Entrance onto private property shall be at the expressed approval of the property owners and the Contractor assumes all liability. 1.5 PROJECT DESCRIPTION: This project is located in the Moore Road and Sandy Lake Road right-of-way immediately north and east of the Moore Road and Sandy Lake intersection. The scope of work is as shown on the construction plans (DR 93-03) and as stated in these specifications. Generally, the work shall consist of the installation of 1335 L.F. of 66" RCP, 170 L.F. of 6x4 Box Culvert, 130 L.F. of 48" RCP, removal and replacement of approximately 220 L.F. of 36" N-12 pipe and 20 L.F. of various other sizes of RCP. The remainder of the work consists of: connection to charmel/headwall; removal and replacement of a flume and manhole; cut and plugging RCP and sanitary sewer; and pavement repair. 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the defimtion set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar da~ count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, 2-3 Specific Project Reqt~rements 1.8 1.9 1.10 1.11 1.12 1.13 promulgating safety regulations and notifying owners and users of adjacent utilities. SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to-the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross-section~, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. TESTING LABORATORY SERVICE: The Contractor shall make arrangements with an independent laboratory acceptable to the owner for all backfill compaction, concrete and other testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of tests, inspections or approvals. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. Two copies shall be provided to the Owner of all reports and laboratory test results. No separate payment shall be made to the Contractor for the cost of geotechnical testing services which shall be considered incidental to the project. SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be 2-4 Specific Project Requirements 1.14 erected when so directed by the Engineer at the Contractor's expense. COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be fumisbed irrespective of the mount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law and the Texas Manual on Uniform Traffic Control Devices (TMUTCD) to protect persons and property while said persons, or property are approaching, leaving or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property.' The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right- of-way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discover~ that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, 2-5 Specif~ Project Requirements or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: 1.17 1.18 1.19 Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. - ~ Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. DRAINAGE: The Contractor shall maintain adequate drainage at all times. PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. CLEANUP: Durin_g_C__Constmction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. 2-6 Speckle Project Requirements 1.20 1.21 1.22 1.23 Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary ~to the construction shall be remo'v~d from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 2-7 Specific Project Reqtdrtments SPECIAL PROVISION TO STANDARD SPECIFICATIONS FOR CONSTRUCTION SECTION 3 SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION These Special Provisions, modify, or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in Section 1 entitled "Proposal and Bid Schedule". PART H: MATERIALS- DIVISION 2 ITEM 2.1.5. TRENCH BACKFILL: (b) Types "B"-and "C" (4) Additional Requirements (B)- Additional Requirements for Type "C" backf'fll when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6. RIP RAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Rip rap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83. ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: -Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer". (b) paragraph: Engineer." Earth Bedding: Add the following sentence at the beginning of this "Earth bedding will not be permitted without written approval of the ITEM 2.2.2. CHEMICAL ADMIXTURES: (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. PART III DIVISION 3- SITE PREPARATION ITEM 3. !.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY:-- Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 pement and I00 percent of Standard Proctor Dem~ty as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART IV: DIVISION 4- SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART V: DIVISION 5- PAVEMENT AND SURFACE COURSES ITEM 5.8.2. CONSTRIJCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a f'me mist, shall be used if water is needed for f'mishing operations." (2) ' Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART VI: DIVISION 6- UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9. BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 pement and 100 pement Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) pementage points above, .optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." DESCRIPTION OF PAY ITEMS SECTION 4 SECTION 4 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Item. Note: The traffic controlplan r~quired in Section 1-15 of the Specific Project Requirements is subsidiary to the price for the various bid items. Pay Item 1, 2, 4, 5, 10-15, 20, 21 and 23: These are standard Bid Items and as such the installation and construction shall be in conformance with the lines, grades and materials shown on the plans; with generally accepted construction practices; and in conformance with these specifications, plans, the North Central Texas Council of Government specifications and the City of Coppell Standard Details. Pay. Item//3 36" N-12 Storm Drain Pipe: This pay item shall consis-t~bf removing and disposing of approximately 220 L.F. of 36" N-12 pipe that flows from west to east and reinstalling 239 L.F. of 36" N-12 pipe flowing from east to west. This pay item also includes removal and disposal of the existing RC_P and headwall from the existing storm drain manhole (about 20 L.F.) and the concrete cradle for the 16" gas line. The City understands that even though the existing pipe is less than one year old, it will probably be damaged during removal. If any pipe is salvaged during removal it can be reused with the approval of the inspector. The measurement and payment shall be on the basis of the bid price per each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item//6 Channel work for 48" RCP: This work shall consist of removing and replacing a portion of the upstream section of the concrete channel to allow for the installation of the 48" RCP adjacent to the existing southern most 60" RCP beneath Moore Road. The measurement and payment shall be on the basis of the bid price per lump sum and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item//7 Connect 48" RCP to Downstream Headwali: This pay item shall consist of removing a portion of the downstream headwall to allow for the connection of the proposed 48" RCP and shall also include any necessary work in the downstream lake to allow for proper construction and for the removal of any siltation in the downstream lake to allow for proper outfall at the flow line. This work should be coordinated with the adjacent aparhnent complex as it will require work in the lake that could result in lowering of the lake level or the construction of a coffer dam. The measurement and payment shall be on the basis of the bid price per each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Description of Pay lternt 4-2 Pay Item #8 Connect 6 x 4 Box to Channel: This pay item shall consist of removing a portion of the existing channel to allow for the connection of the 6 x 4 box culvert to the channel. The measurement and payment shall be on the basis of the bid price per each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item//9 Connect 21" RCP to 48" RCP: This pay item shall consist of the disconnection of the existing 21" RCP from the existing 60" RCP and patching the 60" RCP. It shall also include connecting the 21" RCP to the proposed 48" RCP beneath Moore Road. The measuremem and payment shall be on the basis of the bid price per each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Items #16 & 22 Pavement Repair: This pay item shall consist of removal and replacement of the portion of the street necessary to install the 48"RCP at Moore and Stringfellow; the 6 x 4 box culvert; the 36" N-12 pipe; and about 350 feet of the 66" RCP and the storm drain headwalls. It includes replacing the brick pavers or Bomanite and any damaged curbs. Replacement shall be in conformance with our standard details. The measurement and payment shall be on the bisis of the bid price per each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item #17 6" Rip Rap: This pay item consists of providing about 30 L.F. of 4 foot high 6" rip rap on a 1/2:1 slope from the existing 48" RCP to the proposed 36" N-12 pipe. This also includes providing a bottom for the Rip Rap. Finish product shall be "bowled" shaped as shown on the plans. The measurement and payment shall be on the basis of the bid price per each and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item #18 Lower existing water line complete in place: There are three water lines that cross the proposed drainage system. Because of the uncertainty about the depth of the water lines, it is unknown whether or not they will need to be relocated or concrete encased. This Pay Item is provided in the event that the water lines need to be lowered. According to the plans, two of the potential conflicts involve a 12" water line and one involves an 8" water line. This Bid Item is basically provided in conjunction with Bid Item #19 which provides for concrete encasement of the three water lines. It is anticipated that only one of the options of either lowering or encasing will be utilized at each crossing. The measurement and payment shall be on the basis of the bid price per each and shall be total compensation for furnishing all materials, tools, equipmem, labor and any incidentals necessary to complete the work. 4-3 Description of Pay Items Pay Item//19 Concrete Encase existing water lines: This pay item provides for the encasement of three existing water lines in the event that they are far enough away from the installation of the drainage system to allow for encasement in lieu of lowering. This Pay Item is provided in conjunction with Pay Item //18. It is anticipated that only one of the options of either lowering or encasing will be utilized at each crossing. According to the plans, two of the potential conflicts involve a 12" water line and one involves an 8" water line. The footage has been setup to provide for approximately ten foot of encasement on either side of the drainage structure. The measurement and payment shall be on the basis of the bid price per linear foot and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. Pay Item//24 Hydro Mulch/Sodding/Landscaping/Irrigation: This Pay Item provides for the disturbed area on the east side of Moore Road where the 48" storm drain pipe is to be installed to be re-hydro mulched or sodded and any existing "bushes, landscaping, etc. restored to preconstruction status. This also includes the repair of any damaged irrigation systems. The exact method to regrass this area will be based on the existing grass in the area i.e., if it is bermuda then it will be hydro mulched, if it is St. Augustine then it will be sodded. The measurement and payment shall be on the basis of the bid price per lump sum and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. For the hydro mulch to be accepted, sprigs of seeds must be uniformly appearing over the entire area of application within 30 days of date of application. At that time, 50% of the bid item will be paid. In addition to this requirement for acceptance, at the time of final acceptance of the project, uniform grass coverage over all areas seeded must be evident; in other words, there must be 100% coverage of grass at the time of final acceptance. Pay Item//25 Micro-tunnel or bore 48" RCP beneath Moore Road: Because of the existence of various utilities on the east side of Moore Road and the potential disruption to traffic, this item is being offered as an alternate. It is anticipated that by micro-tunnelling or boring, Bid Items 25, 26, 27 & 28 will be eliminated. Those items generally cover the 48" RCP, pavement repair, removal and replacement of sidewalk and hydro mulching. The micro-tunnelling or boring should be inclusive of not only the construction but the casing and pipe and any other materials necessary to complete the micro-tunnelling or boring. The measurement and payment shall be on the basis of the bid price per linear foot and shall be total compensation for furnishing all materials, tools, equipment, labor and any incidentals necessary to complete the work. 4-4 Descripgon of Pay Itern~ DATE: ADDENDUM NO.: PROJECT: BID DATE~TIME: CITY OF COPPELL ADDENDUM April 26, 1996 ONE (I) Moore Road Draln~oe Improvement Project (DR 93-03) May 2, 1996 O 10:00 a.m. Item 1: Access to the existing lake ir'the southeast corner of Moore Road / Parkway Blvd. The City is currently negotiating the acquisition of a temporary construction easement to allow either p_artial drninin~ or draining of the lake along with the construction of a coffer dam to allow the connection of the 48" to the existing beadwall. The City will open bids but will not award this contract until such time as the temporary construction easement has been secured. It is anticipated that the project will be awarded at the May 28, 1996 City Council meeting, if the easement can be secured within the next two to three weeks. It will still be the contractor's responsibility to work closely with the aparunent complex during tha actual draining of the L_~ke and]or construction of the coffer dam and to restore the area to its preconstruction condition as identified in Pay Item g24. The contractor will be responsible for restoring the lake level after the connection to the existing headwall at their own cost, Item 2: Daily construction time. No consmicfion will begin prior to 8:30 a.m. ~nd construction will cease no later than 6:30 p.m. so as to have the area. cleared by 7:00 p.m. It is still the contractor's responsibility to maintain two way traffic along Moore Road for the duration of this project. Item The City is rnsurveying the location of the 6" gas line on the north side of Sandy Lake. If there is a conflict with the proposed storm drain manhole, additional information will be provided p~qr to the bid date. Kenneth M. Griff'm, P.E., Assistant City Manager/City Engineer CITY OF COPPELL ADDENDUM DATE: ADDENDUM NO.: PROJECT: BID DATE~TIME: May 1, 1996 TWO (2) Moore Road Drainage Improvement Project (DR 93-03) May 2, 1996 @ 10:00 a.m. Item-l: Six inch gas line on the north side of Sandy Lake Road. The City has resurveyed the gas line and in conversations with Lone Star Gas Company it has been determined that there is a 2" gas line on the north side of Sandy Lake Road, not a 6" gas line. Attached to Addendum//2 is a copy of the profile view Station 14 to 17 which shows the general location of the 2" gas line, which appears to be in conflict with the proposed junction box. The relocation of the 2" gas line to avoid any potential conflicts will be a cost to Lone Star Gas Company per the terms of their Franchise Agreement with the City of Coppell. There will need to be coordination between the low bid contracWr and Lone Star Gas Company on the actual relocation of the 2" gas line. Kenneth ~. Gri~.~., ~ssi/tant City Manager/City Engineer 'IP-RAP "8OWL" : ; : '~th; Ed~ ofiA~alt ,7'00 16'00