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Sales Tax 09-CN100301T H E C 1 T Y O F CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2009 Street Reconstruction S. Heartz Road, Dobecka Drive & Clear Creek Lane Bid No. Q -XXK- 01 FOR THE CITY OF COPPELL March 2010 1 -1 Bidding Documents TABLE OF CONTENTS Page # Section 1 - Bidding Documents Notice to Bidders 1 -4 Instructions to Bidders 1 -5 Proposal/Bid Schedule 1 -19 Prevailing Wage Rates 1 -33 Conflict of Interest 1 -34 Section 2 - Contract Documents Standard Form of Agreement (Contract) 2 -2 Certificate of Insurance 2 -8 Instructions for Bonds 2 -9 Performance Bond 2 -10 Payment Bond 2 -12 Maintenance Bond 2 -14 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 3 -1 To the NCTCOG General Provisions Section 4 - Specific Project Requirements 4 -1 Section 5 - Description of Pay Items 5 -1 Section 6 - Technical Specifications 6 -1 Project Sign 1 -2 Bidding Documents SECTION 1 BIDDING DOCUMENTS T H E - C 1 T Y - O F 1 -3 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of Tax 2009 Street Replacement (S. Heartz Road, Dobecka Drive & Clear Creek Lane) — Project No. Tax 2009. The work shall consist of the installation of 11,900 S.Y. of 8" concrete pavement, related drainage and utility improvements, the removal of existing pavement, and all appurtenant work necessary to complete construction of the project. Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non - refundable cost of $75.00 from the office of Teague Nall and Perkins, Inc., 12160 North Abrams Road, Suite 508, Dallas, Texas, 75243; or telephone (214) 461- 9867 for additional information. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Tax 2009 Street Replacement - Project No. Tax 2009 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., September 11, 2008, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. -0Q 908. -01 designated clearly on the exterior of the bid envelope. A Pre -Bid Conference has been scheduled for this project at the Coppell City Hall in the Engineering Department (255 Parkway Boulevard) at 2:00 p.m. on September 4, 2008 The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. This project will be awarded on the A + B bidding format with an incentive of up to $120,000 for early completion. Bids submitted with more than 210 Calendar Days for the time of completion will be considered non - responsive and will be rejected. 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. 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. 1 -4 Bidding Documents 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" 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 9478, Coppell, Texas 75019. Consulting Engineer: Wherever the word "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., 12160 North Abrams Road, Suite 508, Dallas, Texas 75243. 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 the reconstruction of three existing roadways. S. Heartz Road (this portion approximately 1,200 feet) is currently a 37 ft wide, 2 -lane concrete roadway and will be reconstructed as a 35 ft wide, 2 -lane concrete roadway with an 8.5 ft designated parking zone on the west side of the street. Assorted sidewalks will be constructed now as indicated on plans. Various storm drainage, water and sanitary sewer line improvements and relocations will be required within the project limits. A signage /pavement marking plan has been provided with the construction plans to illustrate the lane delineation and designated parking zone. An existing school is located on the east side of the roadway within the project limits and school traffic must be considered should construction of the project extend into the school year. 1 -5 Bidding Documents Dobecka Drive (approximately 800 feet) is currently a 28 ft wide 2 -lane concrete roadway which dead ends into itself to create a roundabout at the end of the roadway and will be reconstructed to the same width and primarily the same location as the existing roadway. Assorted sidewalks will be constructed now as indicated on plans. Various water and sanitary sewer improvements and relocations will be required within the project limits. Clear Creek Lane (approximately 1,500 feet) is currently a 28 ft wide 2 -lane concrete roadway and will be reconstructed to the same width and primarily the same location as the existing roadway. Assorted sidewalks will be constructed now as indicated on plans. Various storm drainage, water and sanitary sewer improvements and relocations will be required within the project limits. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Bethel Road H, Phase 1 Project # ST 03 -01A. It will also be necessary to maintain access to the adjacent properties at all times on all three streets. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the office of Teague Nall and Perkins, Inc., 12160 North Abrams Road, Suite 508, Dallas, Texas, telephone (214) 461- 9867 for a non - refundable cost of $75.00. 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 five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $35.00 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 or Teague Nall and Perkins, Inc., 12160 North Abrams Road, Suite 508, Dallas, Texas. 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. 1 -6 Bidding Documents 4. Qualifications 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. Submissions will be made to City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five [5] days if requested). 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 (required to be submitted within five [5] days if requested). 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 (within five [5] days if requested). 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 any, that he must rent/lease as may be required to complete this project. D. Financial (within five [5] days if requested). 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 bidder maintains a permanent place of business. 1 -7 Bidding Documents 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 Sandy Lake Road (for S. Heartz Road and Dobecka Drive) and Sandy Knoll Drive or Willow Springs Drive (for Clear Creek Lane). 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. 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. 6.3 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 1 -8 Bidding Documents 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. 6.4 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. 6.5 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. 6.6 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 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. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 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. 8.2 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. 8.3 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. 1 -9 Bidding Documents 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract and Item 1.6 of the Specific Project Requirements. 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 until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date 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. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Proposal. 12.1 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 1 -10 Bidding Documents 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. 12.2 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. 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. 13. 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. 14. 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. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., September 11, 2008 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- 0908 -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 Construction of : Tax 2009 Street Replacement (S. Heartz Road, Dobecka 1 -11 Bidding Documents Drive & Clear Creek Lane) — Project No. Tax 2009 on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Bid submission shall include Bid Form, Bid Affidavit, Bid Bond and Conflict of Interest Form. 16. Modification and Withdrawal of Bids. 16.1 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. 16.2 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. 17. 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 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 210 Calendar Days for the time of completion will be rejected. 18. 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. 19. Award of Contract. 19.1 For the purpose of award, each bid submitted shall consist of two parts whereby: 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 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 $2,000.00. 1 -12 Bidding Documents 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 /disincentive provision is established for this contract. The total incentive payment shall not exceed $120,000.00. A bid with more than 210 calendar days will be considered non - responsive and will be rejected. 19.2 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. 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 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. 1 -13 Bidding Documents 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. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and fumish 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 Calendar day count on 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. 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. 1 -14 Bidding Documents 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. 30. 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 reinspections. 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. 31. Overtime. "Hours worked before 8:00 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 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." 1 -15 Bidding Documents 32. Payment. 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. 33. Documentation of existing conditions. Contractor must video and provide copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to Pay Item #103 Right -of -way Preparation. 34. 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: Certified or cashier's check made payable to the Owner. 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. 35. Bonds Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 1 -16 Bidding Documents BID FORM PROJECT IDENTIFICATION: i It • (NAME OF FIRM) DATE THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: - 0908 -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: Tax 2009 Street Replacement S. Heartz Road, Dobecka Drive & Clear Creek Lane TAX 2009 in Coppell, Texas 1 -17 Bidding Documents (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 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. (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 Documents. (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. 1 -18 Bidding Documents (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 in the Contract Documents. 4. Bidder understands that the work will be completed in one phase on each of the three roadways. Additional phasing will require move -ins by utility and paving contractors and 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, including traffic that could affect productivity. 7. BIDDER will complete the Work for the following price(s): 1 -19 Bidding Documents 1 -20 Bidding Documents BID SUMMARY SUBTOTAL BID ITEMS #100 THRU #144 $ TOTAL BID ITEMS BASE BID (A) $ TOTAL TIME BID TOTAL OF CALENDAR DAYS X $2,000 (B) $ BASIS FOR COMPARISON OF BIDS (A) + (B)* CALENDAR DAYS *The bid with the lowest amount for (A) + (B) will be considered the low bid. The awarded contract amount will be on the basis of the Base Bid (A) only. NOTE: A TIME BID OF MORE THAN 210 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. 8. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 9. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 10. 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. PROPOSAL GUARANTY ➢ A Proposal Guaranty shall be provided in accordance with Item 102.5 of the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. SUBMITTED ON Signature: 1 -21 Bidding Documents BID AFFIDAVIT 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 ninety (90) calendar days from the date of the bid opening. STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared who after being by me Name duly sworn, did depose and say: " I Name Name of Firm 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 any other Bidder or individual(s) engaged in the same line of business prior to the official opening 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: ( ) by: Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of Notary Public in and for the State of 20 1 -22 Bidding Documents If BIDDER IS: An Individual By (Seal) (Individual's Name) doing business as Business address Phone No. A Partnership By (Firm Name) (Seal) (General Partner) Business address Phone No. A Corporation By (Corporation Name) (State of Incorporation) LM (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1 -23 Bidding Documents SECTION 2 CONTRACT DOCUMENTS T H E - C I T Y - O F COPPELL 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 2009 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the Tax 2009 street reconstruction of S. Heartz Road, Dobeck Drive and Clear Creek Lane. This project will include the removal of existing pavement, unclassified excavation, the construction of new pavement, the installation and/or adjustment of water /wastewater utilities, the installation and/or adjustment related drainage, and all appurtenant work as laid out and described in the construction plans. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project No. TAX 2009. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Tax 2009 Street Replacement (S. Heartz Road, Dobecka Drive & Clear Creek Lane) — Project No. Tax 2009 Construction of the TAX 2009 STREET REPLACEMENT S. HEARTZ ROAD, DOBECKA DRIVE, & CLEAR CREEK LANE PROJECT NO. TAX 2009 Bid No. Q- 0908 -01 Article 2. ENGINEER. The Project has been designed by Teague Nall and Perkins, Inc. 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. 2 -2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 210 calendar days from the date when the Contract time commences to run as provided in Item 103.2 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. For the purposes of this project, an incentive /disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive /disincentive as set forth in Item 1.6 of the Specific Project Requirements. 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 contract sum shall be the amount of $ The total tangible personal property cost included in the contract sum is Article 5. PAYMENT PROCEDURES. 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. 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 109.5 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. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 109.5.2 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 109.4 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. 2 -3 Contract Documents 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 102.3 of the General Provisions, and accepts the determination set forth in Item SC- 105.1.3 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 102.3 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 all responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, 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 102.3, 103.1 and 104.1 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. 2 -4 Contract Documents Article 8. CONTRACT 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 2 -2 thru 2 -7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. 8.6. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3 -2 thru 3 -10, inclusive). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Bethel Road H Constructions, Phase I - Project No. ST 03 -OIA for the City of Coppell ". 8.8. Drawings (Construction Plans) entitled: "Tax 2009 Street Reconstruction — S. Heartz Road, Dobecka Drive, & Clear Creek Lane - Project No. TAX 2009 for the City of Coppell ". 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 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 104.2 and 109.3 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 104.2 and 109.3 of the General Provisions. 2 -5 Contract Documents Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101. 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 (except to the extent that the effect of this restriction may be limited 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, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2 -6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement 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 on their behalf This Agreement will be effective on OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 BY: 2010. CONTRACTOR: L TITLE: ATTEST: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) TITLE: ATTEST: Address for giving notices: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2 -7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance, which will be executed and bound here with final documents. 2 -8 Contract Documents Instructions For Bonds A. The surety on each bond must be a responsible surety company that is qualified to do business in Texas and satisfactory to the Owner. B. The name and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2 -9 Contract Documents PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is hereinafter called Principal, and , a corporation organized and existing under the laws of the State of 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 DOLLARS ($ ) 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, firmly 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, the Beneficiary, dated the of , A.D. 20 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Tax 2009 Street Replacement S. Heartz Road, Dobecka Drive & Clear Creek Lane Project No. TAX 2009 Bid No. Q- 0908 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill 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 thereof 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 2 -10 Contract Documents 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. 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 Chapter 2253 of the Texas Government Code, 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 WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: Title: ATTEST: SURETY By: Title: ATTEST: Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ADDRESS: NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2 -11 Contract Documents PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of 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 DOLLARS ($ ) 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, firmly 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 of , A.D. 20 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Tax 2009 Street Replacement S. Heartz Road, Dobecka Drive & Clear Creek Lane Project No. TAX 2009 Bid No. Q- 0908 -01 NOW, THEREFORE, if the 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., accompanying 2 -12 Contract Documents the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, 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 WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL SURETY Title: ATTEST: Title: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ADDRESS: NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2 -13 Contract Documents MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and a corporation organized under the laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ) , for the payment of which sum will and truly be made unto said , 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 has this day entered into a written contract with the said to build and construct Tax 2009 Street Replacement — S. Heartz Road, Dobecka Drive and Clear Creek Lane — Project No. TAX 2009, Bid No. Q- 0908 -01, which contract and the plans and specifications therein mentioned, adopted by the 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 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, 2 -14 Contract Documents and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said caused these presents to be executed by and the said be executed by its Attorney in fact and the said Attorney in fact , has hereunto set his hand, the day of PRINCIPAL By: Title: WITNESS: has caused these presents to 20 SURETY By: Title: ATTEST: NOTE: Date of Maintenance Bond must not be prior to date of Contract. has 2 -] 5 Contract Documents SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E - C I T Y • 0 F CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION — NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION 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. DIVISION 100: GENERAL PROVISIONS ITEM 101. — DEFINITIONS & ABBREVIATIONS SC -101.1 Engineer The word 'Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, 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. Consulting Engineer Wherever the word "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., 12160 North Abrams Road, Suite 508, Dallas, Texas 75243. Calendar Day Add the following sentence to the end of the working days definitions: "Hours worked before 8:00 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 notice 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 scale for Inspector overtime charges will be $54/hr. 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. 3 -2 Standard Specifications Supplementary Conditions ITEM 103.3 — SURETY BONDS SC- 103.3.1 Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." ITEM 103.4 - INSURANCE SC- 103.4.6 Add the following new item: "103.4.6 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- 103.4.7 Add the following new item: 103.4.7 CONTRACTOR intends that any policies provided in response to 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." SC- 103.4.7a Add the following new item: 103.4.7a Teague Nall and Perkins, Inc. shall be included as an "Additional Insured" on all project liability insurance." ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC -103.6 Add following sentence to end of Item 103.6. 3 -3 Standard Specifications Supplementary Conditions "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 105.3, 108.1 and 109.5.1, 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 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC- 104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the following conditions: ITEM 105.1 — CONTRACT DOCUMENTS SC- 105.1.1 Add the following language at the end of the Item 105.1.1: "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." SC- 105.1.3 Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies ". Add the following to the end of Item 105.1.3: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor is responsible for obtaining a copy of these standards prior to beginning construction. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." ITEM 105.2 - WORKMANSHIP, WARRANTIES AND GUARANTEES SC- 105.2.2 Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years ". 3 -4 Standard Specifications Supplementary Conditions ITEM 105.4 — CONSTRUCTION STAKES SC -105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof "Construction stakes /surveying shall be provided by the CONTRACTOR. Monumentation has been provided for establishing vertical and horizontal control. 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 shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 107.3 - OWNER'S OFFICERS, EMPLOYEES OR AGENTS SC- 107.3.2 Replace Item 107.3.2 with the following new paragraph: "107.3.2 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 107.14 - STATE AND LOCAL SALES AND USE TAXES SC- 107.14 Delete Item 107.14 and substitute the following in lieu thereof: "107.14 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. 3 -5 Standard Specifications Supplementary Conditions 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 as becoming "incorporated" into the project). 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." ITEM 107.19 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC- 107.19.2.1 Add the following new Item 107.19.2.1 immediately after Item 107.19.2: "107.19.2.1 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, architects, 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 by any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER 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 3 -6 Standard Specifications Supplementary Conditions 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 1.36. 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." ITEM 107.23 — EXISTING STRUCTURES, FACILITIES AND APPURTENANCES SC- 107.23.2a Add the following new Item 107.23.2a immediately after Item 107.23.2: "107.23.2a Existing 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. This includes any and all irrigation systems, whether or not they are identified on the plans. 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 108.1— PROGRESS SCHEDULE SC -108.1 Amend the first sentence of Item 108.1 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor ". ITEM 108.3 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC -108.3 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 108.8; however, no increase in the contract price shall be due the Contractor." 3 -7 Standard Specifications Supplementary Conditions Insert the following sentence at the end of the second paragraph of Item 108.3: "The 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 108.8." ITEM 108.8 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC -108.8 Add the following at the end of the last paragraph in Item 108.8: "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." DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203 — . SITE PREPARATION 203.3.2 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 203.7 - EMBANKMENT: 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material 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 or Specifications." DIVISION 300: ROADWAY CONSTRUCTION ITEM 303. — PORTLAND CEMENT CONCRETE PAVEMENT 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 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. ITEM 303.5 - CONSTRUCTION METHODS 303.5.4 Joints 3 -8 Standard Specifications Supplementary Conditions 303.5.4.2 Expansion Joints: 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. 303.5.4.2.3 Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer ". 303.5.4.3 Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to T/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." 303.5.6 Finishing. 303.5.6.1 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 fine mist, shall be used if water is needed for finishing operations." 303.5.6.2 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." DIVISION 500: UNDERGROUND CONSTRUCTION AND APPURTENANCES ITEM 504. — OPEN CUT - BACKFILL 504.2.3.3.3 Additional Requirements (2) Additional Requirements for Type "B" backfill 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 maybe used only with specific written permission of the Engineer." ITEM 504.5 - EMBEDMENT 504.5.3.2 Compaction. 3 -9 Standard Specifications Supplementary Conditions 504.5.3.2.1 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 percent and 100 percent Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." DIVISION 800: MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 803 — SLOPE AND CHANNEL PROTECTION 803.3.3 Riprap Construction Methods 803.3.3.6 Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387 -83." 3 -10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS COPPELL SPECIFIC PROJECT REQUIREMENTS The construction specifications, which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition. 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 NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings (Construction Plans) and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TX.DOT Texas Department of Transportation C.D.G.S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas T.M.U.T.C.D. Texas Manual on Uniform Traffic Control Devices 4 -2 Specific Project Requirements 1.1 OWNER: The "OWNER" or "City" as referred to in these Specifications is the City of Coppell, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. 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. 1.2a CONSULTING ENGINEER: Wherever the word "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., 12160 North Abrams Road, Suite 508, Dallas, TX 75243. 1.3 STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed 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 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 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 ENGINEER, only. 1.5 PROJECT DESCRIPTION: This work shall consist of the Tax 2009 street reconstruction of S. Heartz Road, Dobecka Drive and Clear Creek Lane. This project will include the removal of existing pavement, unclassified excavation, the construction of new pavement, the installation of related drainage, water and sanitary sewer improvements and all appurtenant work as laid out and described in the construction plans. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project No. TAX 2009. 1.6 EXPLANATION OF CONTRACT TIME: In the event the Contractor completes the contract prior to the expiration of the Original Contract Time, the Owner will pay the Contractor an incentive payment of the Daily Value amount specified in Item 19 of the Instructions to Bidders in the Contract Documents for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions set forth below. The term "Original Contract Time" as used herein will mean the number of calendar days established by the Contractor for completion of the work of the Contract on the date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the incentive payment stated above, the Original Contract Time will not be adjusted for any 4 -3 Specific Project Requirements reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, disruptions, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, weather, weekends, holidays, or other such events, forces or factors sometimes experienced in roadway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the incentive payment set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event the project is altered by work deleted, change orders, supplemental agreements, utility conflicts, design changes or defects, extra work, right of way issues, or other situations which are not the fault of or a direct result of contractor negligence which may impact the critical path of the project construction schedule, the Owner may choose to negotiate the extension or reduction of the Original Contract Time with the Contractor. In the event of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the Owner shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time, will be used in calculation of any incentive payment. In the event the Contractor and Owner are unable to agree to the number of calendar days to extend the Original Contract Time, the Owner shall unilaterally determine the number of calendar days to extend the Original contract Time reasonably and necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the Owner were arbitrary or without any reasonable basis. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Provision. As conditions precedent to the Contractor's entitlement to any incentive the Contractor must: 1. Actually complete all Contract requirements, including the completion of all punch list work, and obtain final acceptance by the Owner prior to expiration of the Original Contract Time. 2. The Contractor shall notify the Owner in writing, within 30 days after the final acceptance of the Contract by the Owner, that the Contractor elects to be paid the incentive payment which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgement of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or 4 -4 Specific Project Requirements kind whatsoever, known or unknown, against the Owner, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark -up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgement of satisfaction shall be all- inclusive and absolute, save and except any routine Owner final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the Owner prior to expiration of the Original Contract Time, or should the contractor, having timely completed the Contract and obtained final acceptance by the Owner prior to expiration of the Original Contract Time, but having failed to timely request the incentive payment for any reason, and including but not limited to the Contractor choosing not to fully waive, release and acknowledge satisfaction as set forth in (2) above, the Contractor shall have no right to any payment whatsoever under this Article. Notwithstanding the Contractor's election or non - election of the incentive under this provision, the disincentive provision applies to all circumstances where the work in the Contract is not finally accepted by the Original Contract Time. Should the Contractor fail to complete the Contract on or before the expiration of the Original Contract Time, as adjusted in accordance with the provisions above, the Owner shall deduct from the moneys due the Contractor the Daily Value specified in the Contract Documents for each calendar day completion exceeds the Original Contract Time. This deduction shall be the disincentive for the Contractor's failing to timely complete the Contract. This shall be strictly enforced. In the event the Contractor elects to exercise this incentive payment provision, should this provision conflict with any other provision of the Contract; the Contract shall be interpreted in accordance with this provision. Any reference to "Substantially Complete" shall be interpreted to be complete with the Contract with no work remaining on 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 4 -5 Specific Project Requirements protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared for this project. The City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 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 utilizing qualified survey personnel. 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. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross - sections, 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. 1.11 TESTING LABORATORY SERVICE: 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 Owner does not alleviate the contractors' responsibility for his own quality assurance /quality control testing. Contractor shall replace any deficient construction items. 1.12 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. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees that obstruct the installation of the improvements as outlined for this project in these Contract Documents. The penalty for the removal or destruction of a tree without obtaining written permission from the Engineer shall be $500.00 per caliper inch payable to the 4 -6 Specific Project Requirements Owner. If damage is occurring or is likely to continue, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent 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 furnished irrespective of the amount 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. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law 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. 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 under pay item to Furnish, Install and Maintain Traffic Control Devices. 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. In preparing the traffic control plan, the contractor shall take into account that the project will be constructed in multiple phases. The contractor shall be responsible for placing notices on private residences prior to the beginning of each phase that shows revised traffic patterns. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. 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 fully and finally accepted by the Owner. If the Engineer discovers 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. 4 -7 Specific Project Requirements 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, 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 to pay item I -48 — Traffic Control. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site, the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. C. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that 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. d. 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 bear sole responsibility to settle the total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction directly with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 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. 1.19 CLEANUP: During Construction 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 4 -8 Specific Project Requirements job site when it becomes objectionable or interferes with the progress of the project, and/or when requested to do so by the Owner. 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. 1.20 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. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction of the various improvements shall be removed from the property by the Contractor. Any required burning and/or disposal permits shall be the sole responsibility of the Contractor. All excavated materials in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner by the Contractor. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4 -9 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information that is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4. Conformance with specifications. 4 -10 Specific Project Requirements C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with Engineer's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the contractor requires, plus two that will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of a. Contractor b. Supplier C. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. S. Identification of deviations from Contract Documents. 9. Identification of revisions on re- submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a \coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a register engineer on all structural submittals. D. REVIEW: 1. Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 4 -11 Specific Project Requirements 2. Satisfactory shop drawings will be so designated and all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes that have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for re- submittal, or acceptance of submittal. C. Return submittals to Contractor for distribution, or for resubmission. 4 -12 Specific Project Requirements SECTION 5 DESCRIPTION OF PA Y ITEMS COFFELL SECTION 5 - 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 Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, with the exception of the new sign paid under various Bid Items, (b) removal of spoils, (c) water for construction, (d) surveying to re- establish grade, (d) maintenance of streets during construction, (e) sprinkling for dust control, (f) project trailer if needed, and/or (g) any other incidentals necessary to complete the work whether directly called out within the plans or implied. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition, unless modified by these special provisions. All work for this project shall be governed by 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), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 2.1. Pay Item #101— Mobilization: This pay item shall include the mobilization and demobilization for the construction of the project. The project is considered to be constructed in one phase. Due to the location of Manara Academy on S. Heartz Road, construction of S. Heartz Road shall be completed first with the majority of the construction activities, as much as possible, occurring within the summer months prior to the beZinnina of the school year. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Mobilization shall be defined as all necessary equipment, supplies, materials, and personnel on the job site ready to begin construction. Note: The total amount bid for Mobilization & Demobilization shall not exceed five percent (5 %) of the Base Bid (A) amount, exclusive of this pay item (adjusted contract amount). Measurement and payment shall be as follows: Ten percent (10 %) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount completed. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid 5 -2 Description of Pay Items for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid. Payment for the remaining 10% of the lump sum bid for mobilization, less retainage, will be paid on the next monthly estimate following the 90% payment. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.2. Pay Item #102 — Project Signs: This pay item shall consist of the installation of a project signage in the following locations: the north and south ends of construction on S. Heartz Road, the north end of Dobecka Drive, and the west and east ends of Clear Creek Lane (5 total). Each sign shall be constructed in accordance with the details found in Section 6 of the Specifications. The City will furnish the City logo for the sign. Measurement and payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.3. Pay Items #103 — Right -of -Way Preparation: This work includes the clearing and grubbing and removal and trimming of vegetation in all areas within the project limits requiring such work, including work within the right -of -way and any adjacent property that is necessary to complete the work as shown on the plans, or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 203.1, 203.2 & 203.3. All vegetation within the paving limits shall be removed. Any tree labeled for removal in the plans shall be confirmed with the Engineer prior to removal. Tree removal shall include all pruning, felling, stump removal, mulching of leaves and limbs necessary to safely remove any tree approved for removal. Once work has commenced on the removal of a tree approved for removal, it shall not cease until the remnants of the tree are completely mulched and lawfully removed from the project site. All debris and mulch from the removal of trees shall be disposed of in a legal manner. This item shall also include the protection of any trees, shrubs, fences, structures, signs or other items that are to be preserved and/or relocated as shown on the plans. All trees designated to be preserved shall be protected by fencing to the limits of the canopy and no parking, driving or moving of equipment in this area will be permitted. If pruning of protected trees is required, they shall be trimmed as directed by the Engineer and any cuts of two inches or more in diameter shall be treated as directed by the Engineer. Disposal of said material will be at the Contractor's sole expense. Any existing landscape improvements, including landscape beds and landscape timbers, shall be removed if deemed necessary for the construction of the improvements shown within the plans. Any removal of existing landscape improvements shall be coordinated with the Engineer and homeowner. Removal of landscape improvements shall be considered subsidiary to this pay item. 5-3 Description of Pay Items This work shall also include: (a) The removal of existing pavement markings and traffic buttons; (b) The removal of all existing drainage pipe, culverts ranging in size between 18" RCP to 24" RCP, inlets and other related drainage structures and/or appurtenances; (c) Any grading activities (excavation or fill) deemed necessary to prepare the proposed grades of the subgrade prior to lime and pavement; and (d) The removal and/or replacement of any existing regulatory, school or informational signs These items of work will not be paid for directly but shall be considered subsidiary to this pay item. Any item indicated in the plans to be removed (directly called out or implied) for which there is no specific pay item shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to general site preparation, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Due to the construction being divided into three roadways, no more than one -third (34 %) of this item shall be paid for upon completion of the site preparation for the first roadway, S. Heartz Road. The remaining portions will be paid upon completion of the site preparation of the second and third roadways. 2.4. Pay Items #104 — Remove Existing Concrete Pavement: This work includes the removal (and disposal) of existing concrete pavement at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. Any existing improvements beyond these limits, which are damaged or destroyed by the construction shall be removed and replaced at the Contractor's expense. Concrete to be removed shall be sawed full -depth through the existing reinforcement along even straight lines as shown on the plans or as established by the Engineer, in accordance with NCTCOG Item 402.3. Once concrete improvements are removed, exposed surfaces shall be roughened to allow adequate bonding of new concrete. Epoxy grout #4x24" dowel bars into end of existing concrete. This operation shall be inspected and approved by the Engineer prior to placement of new concrete. The thickness of the existing concrete is unknown. The removal of concrete curb that is integral to any concrete pavement, which is to be removed as part of this work, shall not be paid for directly but shall be considered subsidiary to this pay item. Any concrete removal, as well as any temporary pavement, required for the installation or adjustment of existing utilities shall be subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the removal of concrete pavement, as provided herein, shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. This item shall be measured by Contractor and by Owner's representative prior to removal. 5 -4 Description of Pay Items 2.5. Pay Items #105 — Remove Existing Concrete Driveways and Sidewalks: This work includes the removal (and disposal) of existing concrete driveways and sidewalks at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. Any existing improvements beyond these limits, which are damaged or destroyed by the construction shall be removed and replaced at the Contractor's expense. Concrete to be removed shall be sawed full -depth through the existing reinforcement along even straight lines as shown on the plans or as established by the Engineer, in accordance with NCTCOG Item 402.3. Once concrete improvements are removed, exposed surfaces shall be roughened to allow adequate bonding of new concrete. Epoxy grout #3x24" dowel bars into end of existing concrete. This operation shall be inspected and approved by the Engineer prior to placement of new concrete. The thickness of the existing concrete is unknown. NOTE The removal of concrete curb that is integral to any concrete driveway, which is to be removed as part of this project, shall not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the removal of concrete driveways and sidewalks, as provided herein, shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. This item shall be measured by CONTRACTOR and by OWNER's representative prior to removal. 2.6. Pay Items #106— 8" Lime Subgrade Treatment: This work includes treatment of the top 8" of subgrade by pulverization, addition of lime, mixing and compacting, and remixing and recompacting the top 6" of the mixed material to the required density. Subgrade shall be constructed to the lines and grades as required by the construction plans, in accordance with the appropriate details and specifications. Lime treatment shall be provided under all proposed concrete pavement, median pavement, curbs, and alley pavement as indicated on the plans, unless noted otherwise or approved otherwise by the Engineer, and shall extend to a point at least one -foot behind the back of curb. After subgrade treatment and shaping is complete, CONTRACTOR shall maintain the proper moisture content in the subgrade to prevent drying and cracking, until covered by paving material. An application of emulsified asphalt curing sealant shall be applied, after final rolling, at a rate of 0.15 gallons per square yard ( NCTCOG Item 301.2.3.7). Measurement and payment for work performed and materials furnished related to lime subgrade treatment, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 301.2.4, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 5 -5 Description of Pay Items 2.7. Pay Items #107 —Hydrated Lime: This work includes the furnishing of the hydrated lime material to be used for lime subgrade treatment, in accordance with the appropriate specifications. All lime shall be placed in a slurry form. Lime to be used for this project shall be placed at a rate of 40# per square yard, unless approved otherwise by the Engineer. Measurement and payment for work performed and materials furnished related to lime material for subgrade treatment, as provided herein, shall be made on the basis of the price bid per ton (TON) in accordance with NCTCOG Item 301.2.4, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.8. Pay Items #108 — 8 Reinforced Concrete Pavement with 4 and 6" Integral Curb: This work includes the construction of the specified thickness of reinforced concrete pavement (including integral curb, where indicated) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for this project shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. The 4" monolithic curb is located within the island located at the cul -de -sac of Dobecka Drive. All other curb within the construction plans shall be 6" monolithic curb. Both the 4" and 6" curbs are subsidiary to this pay item, therefore, no separate payment will be made for the curb. Any street headers shall be constructed subsidiary to this pay item. The concrete shall be doweled into the existing pavement and reinforced in accordance with the City of Coppell Standard Construction Details. The Contractor shall vibrate all concrete during the pour by a method approved by the Engineer. The Contractor is responsible for making sample concrete cylinders at a cycle determined by the Engineer for testing purposes. No sand level up course will be allowed under any paving. The paving shall be a baker broom finish and shall be cured with a highway white curing compound applied per the manufacturer's recommendations. At locations indicated on the plans, lay down curbs shall be constructed and shall be considered subsidiary to this pay item. The lay down curb shall consist of a 10' taper from a 6" curb to no curb with a 1" lip. CONTRACTOR shall pay close attention to NCTCOG Item 303.5.4.3 "Contraction Joints" regarding sawing of joints. In general, joints shall be sawed into the completed pavement surface as soon after initial concrete sets as possible so the some raveling of the green concrete is observed in order for the sawing process to prevent uncontrolled shrinkage cracking. Failure to perform the work in compliance with these requirements and those in Item 303.5.4.3 will subject the slab to rejection. All joints shall be spaced a maximum of 15- 18 feet apart. All joints shall be sealed with silicone joint sealing prior to opening the road to traffic. 5 -6 Description of Pay Items Measurement and payment for work performed and materials furnished related to the construction of reinforced concrete pavement of the specified thickness, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 303.8, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.9. Pay Items #109 — 6" Reinforced Concrete Driveway: This work includes construction of concrete driveways at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 305.2. All concrete used for driveway construction shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimum compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. The 6" monolithic curb is included and no separate payment will be made for the curb. Measurement and payment for reinforced concrete driveway work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2.4, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.10. Pay Items #110 — Repair/Replace Exposed Aggregate Concrete Driveway: This work includes repairing or replacing existing exposed aggregate concrete driveways to an equal or better condition than prior to construction, in accordance with the appropriate details and specifications, including NCTCOG Items 305.2. All concrete used for driveway construction shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimum compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. The extent of repair /replacement shall be as shown in the construction plans or as determined by the Engineer. The material shall be placed at a minimum 6" thickness or more as required to provide a smooth transition and an even finished grade. Measurement and payment for exposed aggregate concrete driveway work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY), in accordance with NCTCOG Item 305.2.4, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.11. Pay Items #111 — 4" Reinforced Concrete Sidewalk: This work includes construction of concrete sidewalks at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for sidewalk shall be Class "A" concrete with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days. No fly ash will be permitted. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and 5 -7 Description of Pay Items Regulations. Any sidewalk found to be in noncompliance shall be removed and brought to compliance at the Contractor's sole expense. Measurement and payment for reinforced concrete sidewalk work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.12. Pay Items #112 — Barrier Free Ramps: This work includes the construction of barrier free ramps at locations shown in the plans or as determined by the Engineer, in accordance with the appropriated details and specifications. All concrete used for the barrier free ramp construction shall be Class "A" concrete with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days. No fly ash will be permitted. All ramp construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. This includes the correct slope, correct width, correct texture, correct color differentiation (i.e. staining to the finished ramp). The Engineer shall verify each ramp prior to final acceptance. Any ramp found to be in noncompliance shall be removed and brought to compliance at the Contractor's sole expense. Measurement and payment for construction of barrier free ramps and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per each (EA), and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.13. Pay Item #113 — Variable Height Retaining Wall<— Need color spec This work includes the complete in place construction of variable height retaining wall in locations shown within the construction plans. The color specification shall be provided by the Engineer. Measurement and payment for construction of the variable height retaining wall shall be per linear foot and shall include all labor, equipment and materials necessary to complete the work. 2.14. Pay Item #114 — Concrete Sidewalk Steps This work includes the construction of reinforced concrete sidewalk steps to match revised parkway and sidewalk grade elevations in place of existing steps leading to private residences contiguous to the project. The proposed steps shall match existing steps as closely as practicable in width, riser height, tread width and concrete finish. The steps shall be reinforced longitudinally with 244 bars; doweled into existing steps as directed by the Engineer. Concrete shall be Class "A" with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days design as used for sidewalks. Removal of existing concrete sidewalk and steps within the limits of the proposed steps 5 -8 Description of Pay Items location shall be considered subsidiary to this item. Finishes shall match existing including any decorative elements. (including "Texas" stamp within sidewalk on Dobecka Drive and tile covered steps on S. Heartz Road). No separate pay for decorative features. Measurement and payment shall be per each step furnished and installed, complete in place. Landing areas are included in the remove and replace concrete sidewalk quantities and not part of this item. 2.15. Pay Items #115 —Pavement Markings: This work includes the placement and installation of all pavement markings (stop bars, striping, words, symbols shapes, etc.) as shown in the construction plans, or as determined by the Engineer, in accordance with the appropriate details and specifications, including Items 666 & 668 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Surface preparation (including sealing), as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. This work also includes the removal (and replacement, if necessary) of any existing markings that are not in alignment or sequence. Measurement and payment for pavement markings work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.16. Pay Items #I16 —Traffic Buttons: This work includes the placement and installation of all traffic buttons (raised pavement markers) for traffic delineation, as shown in the construction plans, or as determined by the Engineer, in accordance with the appropriate details and specifications, including Item 672 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Surface preparation, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. This work also includes the removal (and replacement, if necessary) of any existing buttons that are not in alignment or sequence. Manufacturer's recommendations for use of the epoxy and/or bituminous adhesive shall be carefully followed. Measurement and payment for traffic button work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per lump sum (LS) for the various types and sizes and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.17. Pay Item #117 — Furnish, Install and Maintain Traffic Control Devices: This work includes furnishing, installing and maintaining the required traffic control devices during each phase of construction as shown and/or indicated on the plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including the TMUTCD. Inclusive with this pay item is the requirement for adequate notification and instruction (i.e., printed notices delivered to individual homes and businesses, electronic 5 -9 Description of Pay Items message boards, signage, etc.) to be given to adjacent property owners and to the traveling public regarding interruptions or changes to established traffic flow patterns to, from and along the work site. This work also includes the use of flagman, if necessary, to control traffic in an orderly manner as it enters, exits and/or passes through the construction area, as well as the installation and removal of all temporary riding surfaces. Additionally, the Contractor shall maintain the existing roadway and temporary riding surfaces in a safe driving condition at all times during construction. Measurement and payment for traffic control work performed and materials furnished shall be made on the basis of the price per price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete all phases of the work. 2.18. Pay Item #118 — Furnish, Install, Maintain and Remove Erosion Controls: This pay item shall consist of furnishing, installing, maintaining and removing erosion controls throughout the duration of the project in accordance with the Texas Commission on Environmental Quality permitting requirements for construction projects that disturb one (1) or more acres. Under the Texas Pollution Discharge Elimination System (TDPES) general construction permit TYR 150000, the operator with control of construction plans and specifications (Owner) and the operator with day -to -day operational control (Contractor) are required to obtain a permit for the discharge of storm water runoff. The Contractor shall be required to prepare and implement a single comprehensive site specific Storm Water Pollution Prevention Plan (SWP3) for the entire construction site. The Owner and the Contractor shall independently: (1) sign the SWP3, (2) submit an NOI, and (3) post a site notice as part of the permit. The SWP3 must describe and insure the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and insure compliance with the terms and conditions of the permit. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. The SWP3 shall be subject to approval by the Owner and must be retained on -site during the term of the construction. Notice must be posted if the SWP3 is retained off -site. A Texas Registered Professional Engineer must sign and seal the Erosion Control Plan (ECP) submitted as part of the SWP3. The Owner and Contractor shall independently submit a Notice of Termination upon completion of the project. Measurement and payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWP3. This includes any necessary revisions to the Erosion Control Plan throughout the term of construction and the installation, sequencing, and maintenance of structural control measures throughout the term of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work and payment shall be prorated throughout the term of construction based on the calendar days. 5 -10 Description of Pay Items 2.19. Pay Items #119 — Restore Parkways and Disturbed Areas: This work includes all work, materials and incidentals necessary to restore parkways, yards or other improved areas to an equal or better condition than prior to construction, in accordance with the appropriate details and specifications, including NCTCOG Items 202.2, 202.3, 202.4, 202.5, and 202.6. Parkways and disturbed areas along the length of the project shall be fine graded and cut to receive sod. Topsoil shall be placed in low areas to bring them to grade. Topsoil shall also be placed within the island of the cul -de -sac of Dobecka Drive as shown in the plans. Any existing landscape improvements, landscape beds, gravel rock beds, and/or any other existing improvement removed or relocated during the course of construction shall be replaced with like kind or better as a part of this pay item. Unless directed otherwise by the Engineer, block sod matching the species that existed prior to construction and/or the species adjacent to the disturbed area shall be placed in all disturbed areas where improved lawn or established turf existed prior to construction. The CONTRACTOR will be required to water, fertilize, mow and otherwise maintain restored areas to establish healthy growth, even distribution of vegetation and full coverage over the entire restored area. The CONTRACTOR shall also maintain and protect these areas from damage and repair any damage that occurs, until completion and final acceptance of the project by the OWNER. Measurement and Ppyment for parkway and yard restoration work performed and materials furnished complete and in place as provided herein shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including watering, fertilizing, mowing and maintenance of the restored areas. No more than 50% of this item will be paid until 100% coverage has been established to the satisfaction of the Engineer. 2.20. Pay Items #120 — 5' & 10' Standard Curb Inlet and Inlet Top Reconstruction: This work includes the construction of standard curb inlets (various lengths) and inlet top reconstruction (various lengths) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including City of Coppell Standard Construction Details 6020 and 6030 and NCTCOG Item 702. Concrete used for the construction of inlets shall be Class "A ", with a minimum cement content of 5 sacks of cement/cubic yard of concrete, and a 3,000 psi minimum compressive strength when tested at 28 days. Measurement and payment for work performed and materials furnished related to the construction of standard curb inlets (various lengths) and inlet top reconstructions (various lengths), as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.21. Pay Items #121 — Reinforced Concrete Pipe (RCP) - Various Sizes: This work includes the construction of all RCP storm drain (various sizes) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the 5 -11 Description of Pay Items appropriate details and specifications, including NCTCOG Item 501.6 and 508.3. All RCP storm drain shall be Class III ( NCTCOG Item 501.6); all bends shall be pre - fabricated, and omniflex joint material shall be used for all joints, unless approved otherwise by the Engineer. This work shall include trench excavation, preparation and shaping of bedding, transporting of pipe, jointing, connections to existing and/or proposed improvements and structures, embedment, backfill, and temporary pavement repair, if necessary. Embedment shall be in accordance with the City of Coppell Standard Construction Detail 3020. Where leads or pipe terminate into an existing system, this work shall include construction of a concrete collar at the junction to form a watertight connection. The construction of concrete collars, as required by these specifications, and the connection to the existing storm sewer line will not be paid for directly but shall be considered subsidiary to this pay item. This work shall also include the construction of temporary pavement repair, when necessary or as determined by the Engineer, consisting of a minimum of 8" of flexible crushed stone base. Temporary pavement repair shall be constructed and maintained along all stone drain installed in areas that need to be open to traffic prior to the construction of the final pavement. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the construction of RCP storm drain (various sizes and/or types), as provided herein, shall be made on the basis of the price bid per linear foot (U) in accordance with NCTCOG Item 508.6, and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.22. Pay Items #122 — 4'x4' Square Storm Drain Manhole: This work includes the construction of a 4'x4' square storm drain manhole at the location shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including City of Coppell Standard Construction Detail 6010 and NCTCOG Items 702 and 502.1. Concrete used for the construction of storm drain manholes shall be Class "A ", with a minimum cement content of 5 sacks of cement /cubic yard of concrete, and a 3,000 psi minimum compressive strength when tested at 28 days. Measurement and payment for work performed and materials furnished related to the construction of square storm drain manholes (various sizes), as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.23. Pay Items #123 — 6" and 8" PVC Water Line: This work includes the furnishing and installation of 6" and 8" PVC C -900 DR -18 water line at the locations shown in the plans as per NCTCOG Items 506 & 502.4 and the City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as specified, protecting or replacing existing structures or utilities, testing, disposal of surplus 5 -12 Description of Pay Items materials, and cleaning up and maintenance. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Testing in accordance with specifications is considered subsidiary to the price bid. This work also includes the connection of the proposed water lines to any existing water lines and the necessary appurtenances to make such connections. Connections to existing lines will not be paid for directly but will be subsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per linear foot (LF) measured horizontally and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.24. Pay Items #124 - 1 Water Service Lines (Various Lengths) This work includes the construction of water services in multiple locations along the project where dictated by the layout of the proposed improvements, as shown on the construction plans or as determined by the Engineer. These installations shall be in accordance with NCTCOG Item 502.10 and the appropriate City of Coppell Standard Construction Details. The service line, setter and water meter box shall be replaced at each water service location. This work includes replacing the setter and meter box; however, all meters shall be re -used or provided by the City. No separate pay will be allowed for repairing damage to water meters due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the Contractor. Measurement and payment shall be made on the basis of price per each (EA) Water Service installed and shall be the total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Separate bid prices will be required for short and long services as set out in NCTCOG item 502.10.3.2.1. 2.25. Pay Items #125 — Tapping Sleeves and Valves (Various Sizes): This work includes the furnishing and installation of various sized tapping sleeves and associated valves as shown within the plans and in accordance with NCTCOG Item 502.10.2.3 and City of Coppell specifications. Measurement and payment shall be made on the basis of the price per bid each (EA) and shall include all materials and labor necessary to complete the work. 2.26. Pay Items #126 — Gate Valves (Various Sizes): This work includes the furnishing and installation of various sizes of gate valves as shown on the plans in accordance with NCTCOG Item 502.6. Measurement and payment shall be made on the basis of the price bid per each (EA) and shall include all materials and labor necessary to complete the work. 5 -13 Description of Pay Items 2.27. Pay Items #127 - Salvage & Relocate Fire Hydrant and Valve Assembly: This work includes the installation of fire hydrant assemblies, 6" valves, and 6" PVC pipe including connections and testing of the fire hydrants. All bends, fittings, and blocking necessary to connect the fire hydrant assemblies to the various water lines are included in the cost of the fire hydrant assembly. Removal includes all blocking and piping back to the existing fire hydrant valve. Fire hydrants salvaged in good condition shall be delivered to Water Tower No. 2 at Wagon Wheel Park. Fire hydrants damaged during removal shall be disposed of at the Contractor's expense. Existing fire hydrants shall remain in service until the activation of the new fire hydrants at or near the location. This work shall include closing any and all openings into the existing water line that are created as a result of the abandonment and/or relocation of a fire hydrant/valve assembly by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. Measurement and payment for work performed and materials furnished related to relocating the fire hydrant and valve assembly, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.28. Pay Items #128 - Remove Fire Hydrant and Valve Assembly: This pay item shall consist of the removal of fire hydrant assemblies, 6" valves, and 6" PVC pipe including connections and testing of the fire hydrants at locations indicated on the plans. Fire hydrants salvaged in good condition shall be delivered to Water Tower No. 2 at Wagon Wheel Park. Fire hydrants damaged during removal shall be disposed of at the Contractor's expense. This work shall include closing any and all openings into the existing water line that are created as a result of the abandonment and/or relocation of a fire hydrant/valve assembly by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. Any items or appurtenances required for the removal of the fire hydrant and closing off of the existing water line shall be subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to removing the fire hydrant and valve assembly, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.29. Pay Items #129 — Ductile Iron Fittings: This work includes the furnishing and installation of additional Ductile Iron Fittings as shown in the plans and in accordance with NCTCOG Item 502.5. Any thrust blocking needed for utility installation throughout the project will be subsidiary to this pay item. 5 -14 Description of Pay Items Measurement and payment shall be made on the basis of the price bid per ton (TN) and shall include all materials and labor necessary to complete the work. 2.30. Pay Items #130 - Adjust Existing Valve Box to Grade: This work includes the adjustment (raising or lowering) of existing water valve boxes (including valve stems as necessary) in multiple locations along the project where the proposed finished grade is being raised or lowered, as shown on the construction plans or as determined by the Engineer. These adjustments shall be in accordance with the appropriate details and specifications, including those of the valve manufacturer. No separate pay will be allowed for repairing damage to valves or valve boxes due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the CONTRACTOR. The adjustment of valve boxes that are installed as part of this project, shall not be paid for directly but shall be considered subsidiary to the pay item under which it was installed. Measurement and payment for work performed and materials furnished related to the adjustment of existing water valve boxes, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for famishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including the adjustment of the valve stem as necessary. 2.31. Pay Items #131 - Abandon Existing Water Line: This work includes the abandonment of existing water lines as shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. The Contractor shall verify that all services, meters, stubouts and other branch water lines supplied from the existing water lines to be abandoned are transferred to other water lines as shown on these plans prior to pavement construction. No service or meter shall be without water supply for more than 24 hours. Cutting and plugging of existing water lines, as well as placement of restrained plugs on water lines to remain, shall be subsidiary to this pay item. The existing water lines shall be abandoned as follows: (a) After each section of the existing water line is taken out of service, the abandoned section shall be completely drained, including pumping water from the system, as necessary. (b) Any and all openings into the existing pipe will be closed by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. (c) Existing valves may be used to close the existing system, but no open pipe shall extend outside the valve. (d) Valves stacks shall be removed and backfilled with soil. Measurement and payment for work performed and materials furnished related to abandoning the existing water line, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 5 -15 Description of Pay Items 2.32. Pay Items #132 — 8 PVC SDR 35 Sanitary Sewer Pipe: This work includes the installation of ASTM D3034 SDR -35 PVC sanitary sewer pipe at the locations and to the grades shown on the plans (8 "). Work shall be in accordance with NCTCOG Items 501, 504, 505, 507 and City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as specified, replacement of top soil, protecting or replacing existing structures or utilities, mandrel pulling, pipeline signs, testing, disposal of surplus materials, cleaning up and maintenance, fence removal and replacement, as result of the pipeline construction to equal or better condition. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Removal and disposal of existing pipe and manholes in same trench shall be incidental to pipe line installation. Testing in accordance with specifications is considered subsidiary to the price bid. This work also includes the connection of the proposed sanitary sewer lines to any existing sanitary sewer lines or manholes. Connection to existing line shall include a Class `B" concrete collar around the joint between the existing and new pipe. Connection to existing manholes shall be made by coring and grouting the existing manhole. Connections to existing lines and/or manholes will not be paid for directly but will be subsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of manhole to center of manhole or cleanout without any deduction for the length of pipe through manholes and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.33. Pay Items #133 — 4' Sanitary Sewer Manholes (All Depths): This work includes the installation of 4' diameter sanitary manholes per NCTCOG item number 502.1 and City of Coppell Standard Construction Details. Payment shall include excavation, castings, reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit. Removal and disposal of existing manholes in same trench shall be incidental to pipe line installation and not a part of this item. Both pre -cast and cast -in -place manholes are permitted for this project. Measurement and payment shall be made on the basis of price bid per Each (EA). There is no separate bid item for extra depth, and shall be paid for as per each regardless of depth. The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans and NCTCOG item 502.1. 2.34. Pay Items #134 — Abandon Existing Sanitary Sewer Line: 5 -16 Description of Pay Items This work includes the cutting off and plugging a sanitary sewer line. Payment shall include excavation, castings, reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit. Measurement and payment shall be made on the basis of price bid per Each (EA). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work all in accordance with the plans. 2.35. Pay Items #135 — Sanitary Sewer Services (Various Lengths): This work includes the installation of a Sanitary Sewer Cleanout per NCTCOG item number 502.2 and City of Coppell Standard Construction Details. Payment shall include excavation, castings, reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit and shall not be measured and paid for according to depth. The City Engineering Department has determined that the existing sanitary sewer line in Dobecka Drive shall remain in place. However, the Contractor is responsible for TV and marking of each of the sanitary sewer service lines from the cleanout to the sewer main. The TV and marking shall not be paid for directly but will be subsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per Each (EA). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans and NCTCOG item 502.2. Separate bid prices will be required for short and long services as set out in NCTCOG item 502.10.3.2.1. 2.36. Pay Items #136 — Sanitary Sewer Cleanout: This work includes the installation of a Sanitary Sewer Cleanout per NCTCOG item number 502.2 and City of Coppell Standard Construction Details. Payment shall include excavation, castings, reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit and shall not be measured and paid for according to depth. Measurement and payment shall be made on the basis of price bid per Each (EA). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans and NCTCOG item 502.2. 2.37. Pay Items #137 — Adjust Existing Sanitary Sewer Manholes: This work includes the adjustment (raising or lowering) of existing sanitary manholes in multiple locations along the project where dictated by the proposed finished grade, as shown on the construction plans or as determined by the Engineer. These adjustments shall be in accordance with the appropriate details and specifications, including those of the manhole 5 -17 Description of Pay Items manufacturer. No separate pay will be allowed for repairing damage to manholes due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the CONTRACTOR. The adjustment of manholes that are installed as part of this project, shall not be paid for directly but shall be considered subsidiary to the pay item under which it was installed. Measurement and payment for work performed and materials furnished related to the adjustment of existing sanitary sewer manholes, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.38. Pay Item #138 — Trench Safety System (all utility construction): This work includes preparing a job specific trench safety plan and installing the proper shoring and/or bracing to adequately provide a safe trench situation for all utility construction (i.e., storm drain, water and/or sanitary sewer), in compliance with current regulations and requirements of the United States Department of Labor Occupational Safety and Health Administration (OSHA). The CONTRACTOR shall have a Trench Safety Plan prepared, signed and sealed by a professional engineer, and provided to the Engineer prior to the start of construction. The preparation of the trench safety plan, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the preparation of a trench safety plan and the installation of a trench safety systems, as provided herein, shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.39. Pay Item #139 — Repair, Replace and /or Modify Existing Irrigation Systems: This work includes repairing, replacing and/or modifying any existing irrigation system or system component within the limits of the work area that is damaged or whose function/operation is adversely impacted by the construction of the proposed improvements, in a manner satisfactory to the adjacent property owners or HOAs to whom they belong and the Engineer. This work includes repairing or replacing any damaged pipes, sprinkler heads or other system components (i.e., valves, controllers, valve boxes, etc.). All existing irrigation systems will be assumed to be in good condition and fully operational unless the CONTRACTOR has inspected, noted and documented some specific damage to a system that exists, prior to construction beginning. It would, therefore, be advisable for the CONTRATOR to contact adjacent property owners and/or system owners /operators prior to construction to determine the limits of all existing irrigation systems, the location of sprinkler heads and other system components, and to identify and document any existing damage. All repairs should be completed as soon as possible after the damage is discovered. Any damage to existing grass, trees or landscaping resulting from a lack of water during 5 -18 Description of Pay Items construction because of damage to irrigation systems or irrigation systems that become inoperable will be the sole responsibility of the CONTRACTOR to replace. The exact number and location of sprinkler heads, valves, controllers, etc. on this project is unknown. The CONTRACTOR is, therefore, advised to visit the project site for himself and make his own determination of where existing irrigation systems may be located and to what extent those systems and system components may be damaged or impacted during construction. Measurement and payment for work performed and materials furnished related to the repair, replacement and/or modification of existing irrigation systems, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including replacing any sod, trees or landscaping damaged during the course of construction due to the lack of adequate watering or the inability to properly operate an existing irrigation system resulting from the construction. 2.40. Pay Item #140 - Install Tree This work includes the furnishing and planting of trees to replace those trees which are required to be removed to complete the project. Replacement trees shall be 3 inches caliper of trunk measured 6 inches above grade level. The type of tree shall be the same type of tree (assume Live Oak or similar) as the removed tree unless the owner of the property on which the tree is to be planed requests a different type of tree and the request is approved by the Engineer's Project Representative. The location for the tree shall be agreed to by the property owner and the Owner's Project Representative. Replacement trees shall be nursery grown, well formed, balled and burlapped trees with natural balls of earth of sufficient diameter and depth to encompass the fibrous and feeding root system necessary for full recovery of the tree. Planting shall be in accordance with the COCGDS and accepted landscaping practices. The Contractor shall maintain the replacement tree for a three (3) month establishment period following planting. Trees which do not, in the judgment of the Owner's Project Representative, become established during the establishment period shall be replaced at the Contractor's cost. Measurement and payment for work performed and materials related to the installation of each tree shall be by each (EA) tree planted complete in place and accepted. 2.41. Pay Items #141— Tree Root Barrier: This work includes the installation of Tree Root Barriers per the detail as shown construction plans at locations designated in the plans or as directed by the Engineer. Any proposed curb or existing curb to remain that is damaged with the installation of the shall be Measurement and payment for work performed and materials related to the installation of the tree foot barriers shall be for each (EA) tree root barrier installed complete in place and accepted. 5 -19 Description of Pay Items 2.42. Pay Items #142 — Remove & Reset Landscaping: This work includes the removing and resetting existing landscaped areas between curbs and sidewalks including pavestone, timbers and gravel to a condition comparable to preconstruction conditions. Each area shall be photographed (not videoed) before the start of construction. If new stones are used, they must match the existing wall as much as practical. The Contractor shall notify each property owner after completion of the restoration work for acceptance. Measurement and payment shall be on the basis of lump sum (LS) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 2.43. Pay Items #143 — Remove and Replace Brick Mailbox: This work includes the removing and replacing existing brick mailboxes as noted on the plan. The work and materials as prescribed by this item will be measured by each brick mailbox removed and replaced. Each mailbox shall be photographed before the start of construction. Each mailbox shall be replaced at or above the photographed condition of the mailbox. Measurement and payment shall be on the basis of each mailbox (EA) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 2.44. Pay Items #144 — Remove and Reset Mailbox: This work includes the removing and resetting existing mailboxes as noted on the plans. The work and materials as prescribed by this Item will be measured by each mailbox removed and reset. Each mailbox shall be photographed before the start of construction. Each mailbox shall be replaced at or above the photographed condition of the mailbox. Measurement and payment shall be on the basis of each mailbox (EA) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 5 -20 Description of Pay Items SECTION 6 TECHNICAL SPECIFICA TIONS �`� /, ��� MIN,• CITY OF COPPELL PROJECT SIGN c ©�YELi 3' ELIA BACKGROUND yµ� L Wy OF PEL ran INFORMA'flam CONTACT: - INSPECUOR's NAME, uspECUOR PHONE NUMBER: (9721306-mm 1112' Para SAME Qmoj m mumoq C ONT ° ° OTOR. o C�ONT ° e C YOR's IMAM E � N CONTRACTOR'S S PHONE NUMBER 0 FOR SITE (( \�\ � \ \�\ )/}} C RESERYF C�OMPLE WOK DAYE. SEASoily)YEA LL NOnCE OR Not POSRIO� 1 1 , 2 J ` BLUE BORDER GROUND NOTES: 1) LETTERING SHOULD BE BOLD TYPE 2) SIGN PANEL WILL BE 3/4" EXTERIOR PLYWOOD PAINTED AS SHOWN ON DETAIL 3) FRAME WILL BE 2 "X4" STOCK- REINFORCED BEHIND SIGN PANEL AT APPROX. 2' CENTERS 4) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROVIDED BY THE CITY EXAMPLE: •' • 0� 1 0� ' � CQ A T X /X1X/ 41X1X /1 1 T 0 BETHEL RD PROJECT (3T 03 -01) CONTRACTOR: XXXX XXXXX XXXXXX (000) 000 -0000 c�� FCR . HO710E OR NFI SI COMPLETION DATE: XXXXXX 20OX In 0 a