2025 10 24 Arbor Brook Channel Project Manual.pdf

CONSTRUCTION SPECIFICATIONS

AND

CONTRACT DOCUMENTS

FOR

ARBOR BROOK

CHANNEL

THE CITY OF COPPELL

Bid No. Q-1226-01 Project No. DR22-01

DATE:

TAYLOR BOSWELL

IN

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125514

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L I CENS ED

10/24/2025

TABLE OF CONTENTS

Section 1 - Bidding Documents

Notice to Bidders

1-1 Instructions to Bidders 1-3 Bid Form/Proposal/Bid Schedule 1-21 Prevailing Wage Rates 1-36 Bid Affidavit 1-37 Conflict of Interest 1-39

Section 2 - Contract Documents

Standard Form of Agreement (Contract) 2-1

Certificate of Insurance 2-7 Instructions for Bonds 2-8 Performance Bond 2-9 Payment Bond 2-11 Maintenance Bond 2-13

For this project, the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix ‘C’ Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein.

Section 3 - City of Coppell's Supplementary Conditions to the NCTCOG General Provisions

Section 4 - Specific Project Requirements

Section 5 - Description of Pay Items

Section 6 - Technical Specifications

City of Coppell Project Sign TXDOT Standard Specifications TXDOT Special Specifications TXDOT Departmental Material Specifications

Section 7 - Standard Forms

Contractor’s Application for Payment 7-1 Contractor’s Lump Sum Worksheet 7-2 Contractor’s Unit Price Worksheet 7-3 Contractor’s Stored Materials Worksheet 7-4 Certificate of Substantial Completion 7-5 Work Change Directive 7-6 Change Order 7-7 Field Order 7-8

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SECTION 1

BIDDING

DOCUMENTS

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NOTICE TO BIDDERS

The City of Coppell is accepting bids for the improvements of Arbor Brook Channel (DR22- 01). This work shall consist of approximately 2,000 linear feet of storm sewer pipe installation, approximately 60 linear feet of storm box culvert installation, approximately 600 linear feet of sanitary sewer replacements by open cut, approximately 200 linear feet of sanitary sewer replacements by in-situ, and approximately 2,000 square feet of asphalt pavement removal and replacement. Work shall also include the removal and replacements of existing structures, fences, and walls where indicated on the construction plans.

Digital copies of the bidding documents can be downloaded at www.bidnetdirect.com.

Bidding documents also may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 E. Parkway Boulevard, Coppell, Texas. To ensure proper notification of Addendums, Bidders shall ensure they are a registered plan holder on the plan holder’s list.

Sealed bids addressed to the Procurement Agent, City of Coppell, Texas, for the Arbor Brook Channel (Project No. DR22-01) will be received in the Procurement Office at the City of Coppell Town Center, 255 E. Parkway Boulevard, Coppell, Texas, until 2:00 p.m. on Thursday, December 4, 2025. Each Bidder shall submit one digital media copy (PDF format) and one hard copy of this bid with the City of Coppell Bid No. Q-1226-01 designated clearly on the exterior of the bid envelope.

A Non-Mandatory Pre-Bid Conference has been scheduled for this project at the Coppell City Hall (255 E. Parkway Boulevard, Coppell TX 75019) at 2:00 p.m. on Thursday, November 13, 2025. Attendance at the Pre-Bid Conference is not mandatory but strongly encouraged.

Pre-Bid Meeting – Thursday, November 13, 2025, 2:00 p.m.

Refer to Bidnetdirect for Zoom link.

Bid Open – Thursday, December 4, 2025, 2:00 p.m.

Refer to Bidnetdirect for Zoom link.

The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids.

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.

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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 finished 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.

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BIDDING AND CONTRACT DOCUMENTS

INSTRUCTIONS TO BIDDERS

1. Defined Terms.

Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that 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, as determined after review of calendar days, overall price, and qualifications, 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, the Construction Plans and Specifications, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are:

Owner: Wherever the word “Owner” or "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” or "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 9478, Coppell, Texas 75019.

Consulting Engineer: Wherever the word “Consulting Engineer” or "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Teague Nall and Perkins, Inc.

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 work shall consist of approximately 2,000 linear feet of storm sewer pipe installation, approximately 60 linear feet of storm box culvert installation, approximately 600 linear feet of sanitary sewer replacements by open cut, approximately 200 linear feet of sanitary sewer replacements by in-situ, and approximately 2,000 square feet of asphalt pavement removal and replacement.

Work shall also include the removal and replacements of existing structures, fences, and walls where indicated on the construction plans.

3. Copies of Bidding Documents.

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3.1 Digital copies of the bidding documents can be downloaded at www.bidnetdirect.com.

To ensure proper notification of Addendums, Bidders shall ensure they are a registered plan holder on the plan holder’s list.

The following general requirements pertain to the Bidding Documents:

A) No bidding documents will be issued later than two (2) days prior to the bid opening date.

B) After award of the Contract, the successful Bidder will be furnished two (2) full-size sets and three (3) half-size sets of Contract Documents at no charge.

Additional sets will be furnished for an additional fee per set.

3.2 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.

3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

4. Minimum Qualifications of Bidders.

The City will only consider Bidders who meet the Minimum Qualifications identified in this section. Should the City determine, at its sole discretion, that the Bidder does not meet these Minimum Qualifications, the City will disqualify the Bidder and their bid will be rejected as non-responsive. Experience performing projects of similar scope, quantities, and cost will be a primary consideration of meeting the minimum qualifications.

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. Bidders are subject to disqualification if they fail to provide evidence within the five day period. Confident bidders are strongly encouraged to have this evidence ready by Bid Opening. Submissions will be made to City Engineer, City of Coppell, 265 E. Parkway Boulevard, Coppell, Texas. The City reserves to right to conduct site/yard visits to the Bidders’ place of business, yard sites or current project sites. 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, project start date and estimated completion date shall be submitted upon request.

B. Past Project Experience. A minimum of three (3) comparable projects in each category listed below meeting the following requirements shall be submitted.

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1. Drainage Projects

a. Completed within the previous five years

b. Located in the Dallas-Fort Worth Metroplex

c. Total Construction Cost for drainage related improvements of at least $1,000,000

d. Scope of work consisting of similar items and quantities

e. Project start date and completion date must be provided

f. Project owner references shall be included

g. Copy of actual project schedule used during construction

2. Sanitary Sewer Projects

a. Completed within the previous five years

b. Located in the Dallas-Fort Worth Metroplex

c. Total Construction Cost for sanitary sewer and related improvements of at least $250,000

d. Scope of work consisting of similar items and quantities

e. Project start date and completion date must be provided

f. Project owner references shall be included

g. Copy of actual project schedule used during construction

Note: Individual projects may be used for more than one category. However, the project cost for each project category must be greater than the minimum costs listed above. For example, a drainage project with drainage related improvements of at least $1,000,000 which also included sewer replacement of at least $250,000 may be listed in both categories.

C. Key Personnel Resumes. Bidder shall provide resumes of LOCAL personnel expected to oversee this project. Resumes shall be provided for executive and management team as well as on-site project manager, superintendent and foreman who will be assigned to the project.

D. Work Performed by Subcontractor. Bidder shall submit all qualifications as required under this section for each subcontractor performing work totaling more than 10% of the greatest amount bid.

E. Equipment Inventory. A list of equipment currently owned and leased which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. The City reserves the right to conduct equipment verifications.

F. Financial Statement. Each Bidder shall be prepared to submit upon request of the Owner a financial statement prepared by an independent Certified Public Accountant with no evidence of threatening losses (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.

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G. Proof that the bidder maintains a permanent place of business (must be submitted within five (5) days if requested).

5. 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. By submitting a bid, the Contractor represents that no employee or officer of the City has an interest in the Contractor.

6. Examination of Contract Documents and Site.

6.1 Access to the site shall be from Briarcove Lane or Meadowcreek Road. It shall be the

Contractor’s responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER.

6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. Information includes, but is not limited to, locations of irrigation systems, franchise utilities, and other underground utilities. 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 of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project.

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6.3 Intentionally Omitted.

6.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

6.5 On request in advance, the 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, according to the City standards, upon completion of such explorations.

6.6 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.

6.7 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.

7. Interpretations and addenda.

7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Procurement Agent. Interpretations or clarifications considered necessary by the Procurement Agent in response to such questions will be issued by Addenda will be posted to www.bidnetdirect.com. The deadline for submitting questions shall be Monday, December 1, 2025 at 5:00pm. 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.

7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner.

8. Intentionally Omitted.

9. Substitute or "Or-Equal" Items.

The Contract, if awarded, will be on the basis of materials and equipment described

1-12 in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process.

10. Subcontractors, Suppliers, and Others.

10.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date 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, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award.

If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder.

10.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

11. Bid Proposal.

11.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15 of these Instructions to Bidders. 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.

11.2 Electronic Bids. Bidders may not use their own computer generated bid forms.

Bidders must use the bid form provided in the bidding documents. An electronic version of the Bid Proposal in Excel format may be provided at the Owner’s discretion on www.bidnetdirect.com. Use of this form shall be at the Bidder’s risk.

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Any modifications by Bidder to the content of the bid form (other than unit prices and other information required to complete the bid) may result in rejection of bid.

11.3 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 (name) - (corporate title) ."

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 firm or partners.

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.

12. Provision Concerning Escalator Clauses.

Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered.

13. Estimates of Quantities.

The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids, unless stated otherwise in the description of pay items. 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. If an item is noted as a “Plans Quantity” then only the quantity shown in the unit bid price schedule will be paid.

14. Submission of Bids.

Bids will be received by the Procurement Agent, and shall be submitted to the Procurement Office at the City of Coppell Town Center, 255 E. Parkway Boulevard, Coppell, Texas 75019 until 2:00 p.m. on Thursday, December 04, 2025, and then publicly opened and read aloud in-person and via a Zoom meeting. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q-1226-01 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

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ENCLOSED Construction of: Arbor Brook Channel (Project No. DR22-01)” on the face of it and addressed to the Procurement Agent, City of Coppell, Texas. Bid submission shall include Bid Form, Bid Affidavit, Bid Bond and Conflict of Interest Form.

15. Modification and Withdrawal of Bids.

15.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

15.2 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.

16. Rejection of Bids.

Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested.

Bids in which prices are obviously unbalanced (as determined by Owner) may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG’s Item 102.5 of the Standard Specifications for Public works will be rejected. Bids with more than 365 Calendar Days for the time of completion will be rejected.

17. Bids to Remain Subject to Acceptance.

All Bids will remain subject to acceptance for ninety (90) calendar days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date.

18. Contract Time.

18.1 The time of completion of the project will be set through the bidding technique used in the Proposal Form. A more detailed explanation of the bidding technique and completion time is given in Item 1.6 of the Specific Project Requirements (Section 4).

Completion time will be a significant factor in the awarding of a contract for this project.

18.2 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.

18.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 108.8 of the General Provisions.

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19. Award of Contract.

19.1 For the purpose of award, each bid submitted shall consist of:

Base Bid (A) = The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices.

Time Bid (B) = (CD x Daily Value) = the product of the total number of calendar days (CD) provided by the Contractor and the Daily Value established by the Owner.

For the purposes of this Contract, the Daily Value is $1,000.00, TYP.

The lowest evaluated bid (Total Bid) will be determined by the Owner as the lowest sum of the Base Bid (A) plus the Time Bid (B) according to the following formula:

Total Bid = Base Bid (A) + Time Bid (B)

Time Bid (B) from the preceding formula will not be used to determine the final payment to the Contractor. All payments will be based on actual quantities and bid unit prices.

The Owner desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive/liquidated damages provision is established for this contract. The total incentive payment shall not exceed $100,000.00. A more detailed explanation of the incentive/liquidated damages provision is given in Item 20 (below).

19.2 The Owner reserves the right to reject any and all Bids, to waive any and all formalities 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.

19.3 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, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid.

19.4 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may

1-16 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.

19.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time.

19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project.

19.7 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of

Award within ninety (90) calendar days after the date of the Bid opening.

20. Incentive/Liquidated damages.

The Owner desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive/liquidated damages provision is established for this contract. The total incentive payment shall not exceed the amount listed below. However, there shall be no maximum liquidated damages.

20.1 Time of Completion. The maximum time of completion that will be allowed for the construction of Arbor Brook Channel (Project No. DR22-01) is 365 calendar days. A contract time bid of more than 365 days will be considered nonresponsive and, therefore, rejected.

20.2 Liquidated Damages. Failure to complete construction within the established number of calendar days, plus any additional calendar days granted, will result in liquidated damages being assessed for every calendar day in excess of the stated number of $1,000 per calendar day.

20.3 Credit for Completion of Work Ahead of Time. Should the Contractor complete construction under the number of calendar days bid for the project, a credit in the amount of the incentive per calendar day (equal to the liquidated damage rate) for the number of calendar days under the number stipulated in the proposal, plus any additional calendar days that may be granted. This credit will be added to the money due or to become due the Contractor under the contract.

20.4 Contract Completion. Contract Completion will be defined as occurring when all work shown in the plans and required under the contract has been completed and accepted by the Owner. Liquidated damages of $1,000 per calendar day shall also apply for any work that exceeds the total number of contract calendar days (“Original Contract Time” plus any additional days granted by change order).

There is no maximum for liquidated damages. Additional provisions for the

1-17 incentive/liquidated damages are set forth in Item 1.6 of the Specific Project Requirements (Section 4).

20.5 Maximum Incentive. The maximum incentive available is $100,000.

21. 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.

22. 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.

23. Bid Compliance.

Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien.

24. 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 Calendar day count for the project shall commence within ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever occurs first.

25. 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:

a) materials incorporated into the project; and

b) labor, equipment, supervision and materials not incorporated into the project.

26. 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

1-18 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.

27. 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 using the Change Order Form included in Section 7.

28. 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.

29. 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.

30. 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.

31. Testing Requirements.

The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or re-inspections. 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. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractor’s responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items at his own expense.

32. Overtime.

Hours worked before 7:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours advance-notice is required.

All overtime incurred by the City for inspection services and any overtime incurred by the testing laboratory shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. The pay rate for Inspector overtime charges will be $54 / hr.

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33. Overnight Work.

No overnight work will be permitted during this project.

34. Payment.

Contractor shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by Engineer as provided in the General Provisions. Application for Payment shall be prepared using the form included in Section 7.

35. Documentation of Existing Conditions.

Contractor must prepare a video and provide a copy to City of existing conditions within entire work area prior to the start of construction. Contractor shall also document each irrigation system prior to construction. Refer to Bid Item for “Pre- Project Video Survey” for additional information.

36. Bid Security.

Contractor must submit a bid security in the amount of five (5%) percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute a Performance, Payment and Maintenance Bonds on the forms included in the Contract Documents if awarded the contract.

Acceptable Bid Security are:

a) Certified or cashier’s check made payable to the Owner.

b) An approved Bidder’s Bond underwritten by a surety named in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

37. Bonds

Performance, Payment, and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions.

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BID FORM

PROJECT IDENTIFICATION: Arbor Brook Channel Project No. DR22-01

Coppell, Texas

BID OF DATE

(NAME OF FIRM)

THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Procurement Agent

255 E. Parkway Boulevard P.O. 9478 Coppell, Texas 75019

CITY OF COPPELL BID NO: Q-1226-01

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to

Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for 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:

Date:

Rec'd:

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(b) 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.

(c) BIDDER has studied carefully all reports of exploration and tests 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.

(d) 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.

(e) 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

(f) 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.

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(g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER.

(h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over

OWNER.

(i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids.

(j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for otherwise in the Contract Documents.

4. BIDDER understands that the work will be completed in multiple phases. Plans for phasing or move-ins by utility contractors will require approval by the Engineer. 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. It is understood that time of completion will be a consideration in the award of the bid.

5. It is understood and agreed that the contractor’s experience in this type of work will be a strong consideration in the award of the bid.

6. It is strongly recommended that each BIDDER visit the site prior to submitting a bid.

Construction constraints exist, with a significant amount of the work located within fenced backyards. It will be crucial for the Contractor to maintain efficient communication with the City and residents regarding access and scheduling.

7. BIDDER will complete the Work for the following price(s):

Section 1 - Bidding Requirements - Page 1 -

Bid Form

Item Name of Pay Item with Est.

Unit Price SUBTOTAL Price

No. Unit Price in Words Quantity Unit

BASE BID A – GRADING

1 EASEMENT PREPARATION 1 LS

Complete in Place, for the Sum of

Dollars and

Cents per unit $ $

2 TREE REMOVAL (4"-10") 22 EACH

3 TREE REMOVAL (11"-23") 18 EACH

4 TREE REMOVAL (24"-47") 1 EACH

5 TREE REMOVAL (≥48") 1 EACH

6 GRADING 1 LS

SUBTOTAL AMOUNT BID - BASE BID A - GRADING

(SUBTOTAL Amount Bid, Numerical Value)

Dollars and Cents

*The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete any portions of the

PROJECT from the contract, then the contract can be awarded on that basis.

Section 1 - Bidding Requirements - Page 2 -

No. Unit Price in Words Quantity Unit

BASE BID A – EROSION CONTROL

7 INLET PROTECTION 16 EACH

8 SOD 5,867 SY

9 ROCK CHECK DAM FOR CULVERT PROTECTION 1 EACH

10 6" ROCK RIP-RAP 880 SF

11 TURF MATTING 359 SY

12 TEMPORARY CONSTRUCTION FENCE FOR BACKYARDS 3,142 LF

13 CONSTRUCTION ENTRANCE 1 EACH

Section 1 - Bidding Requirements - Page 3 -

SUBTOTAL AMOUNT BID - BASE BID A – EROSION CONTROL

*The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete any portions of the

Section 1 - Bidding Requirements - Page 4 -

No. Unit Price in Words Quantity Unit

BASE BID A – DEMOLITION

14 REMOVE AND DISPOSE OF EX 60" RCP 72 LF

15 REMOVE 60" TYPE C HEADWALL 2 EACH

16 REMOVE AREA DRAIN 2 EACH

17 REMOVE SHED/BUILDING 5 EACH

18 REMOVE RIVER ROCK 354 SF

19 REMOVE ROCK & CONCRETE RIP-RAP 614 SF

20 REMOVE CONCRETE 7 SF

Section 1 - Bidding Requirements - Page 5 -

21 REMOVE PLASTIC EDGING 51 LF

22 REMOVE METAL EDGING 36 LF

23 REMOVE PLAYGROUND/PLAY HOUSE 2 EACH

24 REMOVE 4' WOOD & WIRE FENCE 973 LF

25 REMOVE 5' TALL WOOD & WIRE FENCE 10 LF

26 REMOVE 6' TALL WOOD FENCE 126 LF

27 REMOVE 8' TALL WOOD FENCE 494 LF

28 REMOVE IRON GATE 3 EACH

Section 1 - Bidding Requirements - Page 6 -

29 REMOVE 4' TALL IRON FENCE 11 LF

30 REMOVE BRICK BORDER 194 LF

31 REMOVE ROCK BORDER 177 LF

32 REMOVE WOOD BORDER 100 LF

33 REMOVE WOOD RETAINING WALL 260 LF

34 REMOVE ROCK RETAINING WALL 25 LF

35 REMOVE WOOD DECK 1 EACH

36 REMOVE PLANTING AREA 313 SF

Section 1 - Bidding Requirements - Page 7 -

37 REMOVE TREE HOUSE 1 EACH

38 REMOVE CONCRETE PADS 186 SF

39 REMOVE 48" STORM PIPE (CMP AND/OR HDPE) 208 LF

40 REMOVE SANITARY SEWER MANHOLE 1 EACH

SUBTOTAL AMOUNT BID - BASE BID A – DEMOLITION

*The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete any portions of the

Section 1 - Bidding Requirements - Page 8 -

No. Unit Price in Words Quantity Unit

BASE BID A – RESTORATION

41 REPLACE/INSTALL 4' TALL WOOD & WIRE FENCE 806 LF

42 REPLACE/INSTALL 5' TALL WOOD & WIRE FENCE 3 LF

43 REPLACE/INSTALL 8' TALL WOOD FENCE 466 LF

44 REPLACE/INSTALL 6' TALL WOOD FENCE 18 LF

45 REPLACE IRON GATE 3 EACH

46 RESET EXISTING PLAYGROUND 1 EACH

47 RESET EXISTING BUILDING 5 EACH

Section 1 - Bidding Requirements - Page 9 -

48 REPLACE/INSTALL 4' RETAINING WALL 44 LF

49 REPLACE BRICK BORDER 140 LF

50 REPLACE WOOD BORDER 11 LF

51 REPLACE EXISTING WOOD DECK 1 EACH

52 REPLACE PLANTING AREA 400 SF

53 INSTALL RIP-RAP 880 SF

54 REPAIR, REPLACE, MODIFY, & RESTORE IRRIGATION SYSTEMS 1 LS

SUBTOTAL AMOUNT BID - BASE BID A – RESTORATION

*The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete any portions of the

Section 1 - Bidding Requirements - Page 10 -

No. Unit Price in Words Quantity Unit

BASE BID A – PAVING

55 SAWCUT, REMOVE AND REPLACE ASPHALT PAVEMENT 1,964 SF

SUBTOTAL AMOUNT BID - BASE BID A – PAVING IMPROVEMENTS

*The Owner reserves the right to delete any bid items or portions thereof.