Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Sales Tax 09-CN100607
T H E C 1 T Y O F COPPELL CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2009 Street Reconstruction S. Heartz Road, Dobecka Drive & Clear Creek Lane Bid No. Q- 0710 -01 FOR THE CITY OF COPPELL June 2010 .:....................... ... CHRISTOPHER 6 SEELYri .• 92629 Jul -02-2010 03:02 PM TNP 214. 461.9864 CITY OF COPPELL 2009 STREET RECONSTRUCTION S. HEARTZ ROAD, DOSECKA DRIVE & CLEAR CREEK LANE (BID NO. 0- 0710 -01) ADDENDUM #1 JULY 2, 2010 1. THIS ADDENDUM IS HEREBY MADE AS PART OF THIS CONTRACT PLANS AND SPECIFICATIONS. ADDENDUM IS ISSUED TO MODIFY, CLARIFY, EXPLAIN, OR CORRECT THE ORIGINAL PLANS AND SPECIFICATIONS. ANY CHANGES CALLED OUT IN THIS ADDENDUM SUPERSEDES THE ORIGINAL PLANS AND SPECIFICATIONS, 2. BIDDERS SHALL INCLUDE THIS SIGNED ADDENDUM WITH THE BID AND ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM BY STATING THAT ACKNOWLEDGEMENT ON THE OUTSIDE LOWER RIGHT HAND CORNER OF THE SEALED ENVELOPE CONTAINTING THE BID. 3. THIS ADDENDUM CONSISTS OF 2 PAGES. 4. THE FOLLOWING MODIFICATIONS SHALL BE MADE TO THE DOCUMENTS AS INDICATED: SPECIFICATLONs 1. Bid Summary — Sections A, B, C and Total Project: The bidder shall Indicate the same bid amount in both the "Subtotal Bid items..." and the 'Total Bid Items..." blanks. 2. Section 5, Pay Item #103 -- Right -of -Way Preparation (page 5-4); This Pay Item is bid lump sum per roadway and not a total for all three roadways. Therefore, strike the last two sentences of the third paragraph section. The paragraph should read as follows. "Measurement and payment for work performed and materials fumished 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 Incldentals necessary to complete the work. A. Section 5, Pay Item #106 — 8" Llme Subgrade Treatment (page 5 -5): Strike the last sentence of the second paragraph. The paragraph should read as follows. "Llme 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. applied, aftep finial rallifRg, at a raW @f 0-IS 9wepis yard (p 1 GT=;QQ jj@.W. 4944Q.;). 112 Addendum #1 Page 1 7/2/2010 Jul - 02.2010 03:02 PM TNP 214. 461.9864 4. Section 5, Pay Item 4130 -- 6" and 8" PVC Water Line (page 5 -13): The City requires water line smaller than 10" In diameter to be Class 200 DR -14 Instead of the DR -18 that is specified. Therefore, the first sentence shall be replaced with the following sentence: "This work includes the furnishing and installation of 6" and 8" PVC Class 200 DR -14 Q- QQQ 914 AS water line at the locations shown In the plans as per NCTCOO Items 506 & 502.4 and the City of Coppell Standard Construction Details. 5. Section 5, Pay Item #144 -145 — Sanitary Sewer Services (Various Lengths) (page 5 -17); Replace the second paragraph with the following paragraph: "The City Engineering Department has determined that the existing sanitary sewer maln in Dobecks Drive shall remain in place. The Contractor is responsible for TV of the existing sanitary sewer main to locate the service for each lot if necessary. This Pay Item includes the replacement of each sanitary sewer service line from the main to the property line. A new service connection saddle shall be installed at the connection to the main. A new sanitary sewer cleanout shall be located at or near the property line, All materials used for the connection, cleanout Installation and line replacement are subsidiary to this Pay Item." CLARIFICATIONS 1. Paving with the use of a screed Is not allowed. Slip form paving using a self- propelled machine shall be required In accordance with Note #7 on City Standard Detail 2030. 2. The Variable Height Retaining Wall specified in the plans and included as Pay Item #114 shall be In accordance with the City Standard Detail 2180 — Reinforced Concrete Retalning Wall Integral with Sidewalk. The Contractor shall provide the City Engineer with a list of available colors for concrete stain. The Engineer will select the color to be used. The sidewalk adjacent to the wall shall be standard concrete without stain. 3. Compact flttings are NOT allowed. Full body fittings will be required on all roadways. All fittings shall also be domestic and not Import. 4. The Bid Bond shall be prepared based on 5% of the bidder's total bid and not per roadway. END OF ADDENDUM #1 0 �Z Signature of Acknowledgement; Addendum #1 C� Page 2 7/2/2010 212 TABLE OF CONTENTS Page # Section 1 - Bidding Documents Notice to Bidders 1 -4 Instructions to Bidders 1 -6 Bid Form/Proposal/Bid Schedule 1 -19 Prevailing Wage Rates 1 -54 Conflict of Interest 1 -55 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 I D, 1`;G DOCUMENTS T H E C 1 T Y O F COFFELL r o 1-3 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of Tax 2009 Street Replacement (S. fleartz Road, Dobecka Drive & Clear Creek Lane) — Project No. Tax 2009. The work shall consist of the installation of 11,900 S.Y. of 6" and 8" concrete pavement, related drainage and utility in]provements, the removal of c ':Aing pavement, and all appurtenant work necessary to complete constriction 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., July 8, 2010, and, then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. - 0710 -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 July 1, 2010 The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. Each street shall be bid separately with a separate bid and time of completion for each street. Each bidder shall place all three bids into the same submittal package when delivered to the City. The project will be bid per street. Depending on the bid amounts for each street, a bidder may be awarded the constriction project for S. Heartz Road, Dobecka Drive, Clear Creek Lane or all three. This project will be awarded on a base bid format with an incentive that will vary with each of the streets based on the contracted time of completion. • The projected time of completion for S. Heartz Road is 150 calendar days. An incentive of up to $ 40,000 is available for early completion based on a daily value of $ 1,000 per calendar day. • The projected time of completion for Dobecka Drive is 120 calendar days. An incentive of up to $ 40,000 is available for early completion based on a daily value of $ 1,000 per calendar days. • The projected time of completion for Clear Creek Lane is 180 calendar days. An incentive of up to $ 40,000 is available for early completion based on a daily value of $ 1,000 per calendar days. In the event that the City chooses to award all three (3) streets to a single contractor, the time for completion shall be 270 calendar days for all work. The calendar day count for each individual 1 -4 Bidding Documents street as listed above will also be in effect. The individual street time shall be counted from the date work first begins on the street. The overall time will begin from the date of the notice to proceed and run through final completion of the project. The total available incentive for early completion on the overall project is S 120,000 based on a daily value of $1,000 per calendar day. A disincentive of S 1,000 per calendar day shall apply to all projects for any work that exceeds the calendar day counts as established herein. There shall be no maximum disincentive. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalance(l Eimt priucs will be considered sufficient cause or 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 -5 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Lnstructions 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 detemlined 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 Forrn, 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 t 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 streets. S. Heartz Road (this portion approximately 1,200 feet) is currently a 37 ft wide, 2 -lane concrete street and will be reconstructed as a 35 ft wide, 2 -lane concrete street 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 street within the project limits and school traffic must be considered should construction of the project extend into the school year. 1 -6 Bidding Documents Dobecka Drive (approximately 800 feet) is currently a 28 ft wide 2 -lane concrete street which dead ends into itself to create a roundabout at the end of the street and will be reconstructed to the same width and primarily the same location as the existing street. 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 street and will be reconstructed to the same widtli and primarily the same location as the existing street. Assorted sidewalks will be constructed now as indicated on plans. Various storm drainage, water and sanitary sewer iniproveinents 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 Tax 2009 Street Replacement (S. Heartz Road, Dobecka Drive & Clear Creek Lane) — Project No. Tax 2009. It will also be necessary to maintain access to the adjacent properties at all times on all three streets. The project contractor shall be responsible for coordinating with the residents regarding driveway access and available street parking within the project. 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 famished for $50.00 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 -7 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. Currt;ut Project Experience (within five [5] days if requested). A list of all projects presently under constriction 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 -8 Bidding Documents �. 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 ally 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 officu 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. 1 -9 Bidding Documents 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 and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the `vV ork 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 nucussary 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. 1 -10 Bidding Documents 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. 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. 1 -11 Bidding Documents 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 siate the price for which he proposes to Flo each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or indIVId gal, 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 attomey -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. 1-12 Bidding Documents 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., July S, 2010 WId Bien publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked wit11 the Project title, City of Coppell Bid No. 0- 0710 - 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 IZeplacement (S. Ileartz Road, Dobecka 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. 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. 1 -13 Bidding Documents 19. Award of Contract. 19.1 For the purpose of award, each bid submitted shall consist of two parts whereby: Bid Proposal Section A — S. Heartz Road = The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices for the constriction of S. Heartz Road. Bid Proposal Section B — Dobecka Drive The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices for the construction of Dobecka Drive. Bid Proposal Section C — Clear Creek Lane = The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices for the constriction of Clear Creek Lane. Bid Summary — Total Project = The correct summation of the Bid Proposals for Sections A, B and C minus any deductions for the bidder being awarded all three streets. Time 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 the amounts listed below. If individual streets are awarded as a contract, the following times shall apply. • The projected time of completion for S. Heartz Road is 150 calendar days. An incentive of up to $ 40,000 is available for early completion based on a daily value of $1,000 per calendar day. • The projected time of completion for Dobecka Drive is 120 calendar days. An incentive of up to $ 40,000 is available for early completion based on a daily value of $1,000 per calendar day. • The projected time of completion for Clear Creek Lane is 180 calendar days. An incentive of up to $ 40,000 is available for early completion based on a daily value of $1,000 per calendar day. 1 -14 Bidding Documents 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 it 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 suns of any column of figures and the correct SLIM 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. 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. Incentives / Disincentives. Incentives for each individual street are listed above in Section 19.1. In the event that the City chooses to award all three (3) streets to a single contractor, the time for completion shall be 270 calendar days for all work. The calendar day count for each individual street as listed above will also be in effect. The individual street time shall be counted from the date work first begins on the street. The overall time will begin from the date of the notice to proceed and run through final completion of the project. The total 1-15 Bidding Documents available incentive for early completion on the overall project is $ 120,000 based on a daily value of $1,000 per calendar day. A disincentive of $1,000 per calendar day shall apply to all projects for any work that exceeds the calendar day counts as established herein. T lheie shall be no maximum disincentive. 21. F-eeution of Agreement. Wit11111 fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original sided contracts and a Certificate of Insurance. 22. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 23. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 24. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Calendar day count 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. 25. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 1 -16 Bidding Documents 26. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial pri.ictices are to prevail. Ali interpretations of these specificaiicros shall be made on the basis of this statement by Owner or their authorized representative. 27. Chance Orders. No oral statement of any person shall modify or otherwise change, or affect 111C terms, conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 28. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Owner. 29. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 30. Maintenance Bond. The Contractor shall provide a two -year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 31. Testing Requirements. The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or 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. 32. 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 -17 Bidding Documents 33. 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. 34. Documentation of existin; 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 Itern 4103 Right -of -way Preparation. 35. 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. 36. Bonds Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 1 -18 Bidding Documents is _LuI PROJECT IDENTIFICATION: Tax 2009 Street Replacement S. Heartz Road, Dobecka Drive & Clear Creek Lane TAX 2009 in Coppell, Texas BID OF Con atSeP Cr��s��uc��'dh T L• l� DATE Zol o (NAME OF FIRM) 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: - 0710 -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: /o Recd: 1 -19 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 -20 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 OWNEP.. (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 for each street will be completed in one phase. Additional phasing or move -ins by utility and paving contractors will require approval by the Engineer. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. 7. BIDDER will complete the Work for the following price(s): 1 -21 Bidding Documents BID PROPOSAL FOR SECTION B - DOBECKA DRIVE ITEM APPROX QTY UNIT — _ - DESCRIPTION OF ITEMS BID - PRICES WRiI - TEN IN WORDS UNIT PRICE IN FIGURES ` "AIvIRUNT MOBILIZATION 1016 , LS �Lvo �housa�d $ UDD, $ uo Dollars ,7000. and NO Cents per LUMP SUM PROJECT SIGNS 1028 1 EA yr ft und� $ SDO $ SDO, 00 Dollars and /1/0 Cents per EACH RIGHT -OF -WAY PREPARATION 1038 1 LS fJI)P "r�l•IOUSCtnd $ ao $ / 000,00 Dollars and NO Cents per LUMP SUM REMOVE EXISTING CONCRETE PAVEMENT 104B 2,500 SY Lt 1 $ 00 Y, $ o0 /o, olJo. Dollars and _ it/0 Cents per SQUARE YARD REMOVE EXISTING CONCRETE DRIVEWAYS AND SIDEWALKS 105B 1,600 SY vet $ s` DO $ S DDO• uO Dollars and n10 Cents per SQUARE YARD 8" LIME TREATED SUBGRADE TREATMENT 106B 0 SY �h s0 r $ / Dollars and i Cents per SQUARE YARD HYDRATED LIME 107B 0 TON / One ! [ ) i:4Aa d s, X 1 $ /(O� 0U $ Dollars and NO Cents per TON Dobecka Drive - 1 BID PROPOSAL FOR SECTION B — DOBECKA DRIVE r�dIT�M � APPROX QTY UNIT, DESCRIPTION OF ITEMS WITH BID :PRICES WRITTEN {N WORDS UNIT PRICE IN FIGURES AMOUNT 6" REINFORCED CONCRETE PAVEMENT WITH 6" INTEGRAL CURB - 1 - f) ir t v - " "x 108B 0 SY � "' $ I Dollars and /1/0 Cents per SQUARE YARD 8" REINFORCED CONCRETE PAVEMENT WITH 4" & 6" INTEGRAL CURB 40 r jw 0 109B 2,600 SY $ 00 y�. $ 00 /09,,2 00 Dollars and 1 1,1 6 ) Cents per SQUARE YARD 6" REINFORCED CONCRETE DRIVEWAY 1108 260 SY X C $ 00 $ o 0 00 Dollars and N 0 Cents per SQUARE YARD REPAIR / REPLACE EXPOSED AGGREGATE CONCRETE DRIVEWAY 1118 55 SY Se ven t — A $ c DO $ 00 Dollars and A/ Cents per SQUARE YARD 4" REINFORCED CONCRETE SIDEWALK 1128 1.220 SY �wGn�Y- Seven $ Z 7 °O $ 3 "? Dollars and 1 Cents per SQUARE YARD BARRIER FREE RAMPS 113B 0 EA Dollars and NrJ Cents per EACH VARIABLE HEIGHT RETAINING WALL 1148 0 LF $ 30 00 $ Dollars and NO Cents per LINEAR FOOT Dobecka Drive - 2 BID PROPOSAL FOR SECTION B - DOBECKA DRIVE ,,1T1=M APPROX QTY: UNIT `" DESCRIPTION OF ITEMS WITS{ BID ., PRICES WRITTEN -IN iN012DS = UNIT, PRICC IN EiQt1RES' AMOUNT ` �' ,, CONCRETE SIDEWALK STEPS — JA I "odred r 115B 0 EA $ $ Dollars and /VO Cents per EACH PAVEMENT MARKINGS 116B 0 LS / / a fAaaU a /Ie Dollars and NO Cents per LUMP SUM TRAFFIC BUTTONS 1178 1 LS L[ / f�/1 e fnOUSa�d $ OU /, 0DD. $ /D Oo / Dollars and /V o Cents per LUMP SUM FURNISH, INSTALL AND MAINTAIN TRAFFIC CONTROL DEVICES �Xo fAou5g ia 1 188 1 LS $ � i1 o° $ Dollars and it/ 0 Cents per LUMP SUM FURNISH, INSTALL, MAINTAIN AND REMOVE EROSION CONTROLS 119B 1 LS O "m t7ho(aSan0� $ 00 /ODD• $ Dollars and n10 Cents per LUMP SUM RESTORE PARKWAYS DISTUR BED AREAS 120B 1 LS / AND ri ve LfI0C -C6aA' / $ J /ODO. Oo $ � ODO 00 ,! Dollars and Al n Cents per LUMP SUM 5' STANDARD CURB INLET 1216 0 EA �feen � at $ 00 Dollars and NL) Cents per EACH Dobecka Drive - 3 BID PROPOSAL FOR SECTION B - DOBECKA DRIVE Dobecka Drive - 4 C2T1".,- 'PRICES WRITTEN`IN N x : WARDS , FIGURES 10' STANDARD CURB INLET 1228 0 EA T o e- LLtld Dollars and /VB Cents per EACH 5' INLET TOP RECONSTRUCTION 123B 0 EA one $ 0v 400 - $ Dollars and NO Cents per EACH 10' INLET TOP RECONSTRUCTION 1248 2 EA �� Ft.eer� hun4re� $ 1, Soo. oo $ Dollars and A Cents per EACH 18" REINFORCED CONCRETE PIPE (CLASS III) 125B 0 LF ��'� t'i ✓C Dollars and NG Cents per LINEAR FOOT 21" REINFORCED CONCRETE PIPE (CLASS III) 126B 0 LF U Dollars and NO Cents per LINEAR FOOT 24" REINFORCED CONCRETE PIPE (CLASS III) 127B 0 LF 1' t U $ SO-00 Dollars and NO Cents per LINEAR FOOT 4'X 4' SQUARE STORM DRAIN MANHOLE /lvei ✓C �u /l 0 1288 0 EA $ 00 $ i Dollars and it/0 Cents per EACH Dobecka Drive - 4 BID PROPOSAL FOR SECTION B - DOBECKA DRIVE I TEM APPROX UNIT DESCRIP- ��> � �F ITEIVIS WITH BID UNIT PRICE AMOUNT QTY PRICES WRITTEN IN WORDS IN FIGURES _ 6" PVC C -900 DR -18 WATER LINE 129B 20 LF 7rverr � v- e:�rl� t $ D � 8 DO Dollars and NO Cents per LINEAR FOOT 8" PVC C- 900 -18 WATER LINE 130B 750 LF �r 1 r $ 3 O 00 $ ��/ n^ 00 tRJ Dollars and /V O Cents per LINEAR FOOT 1" WATER SERVICE LINE - SHORT SERVICE 131B 8 EA L ` /o�t /]L4nJrC"l $ Do 800. $ y00, 00 Dollars and N 0 Cents per EACH 1" WATER SERVICE LINE - LONG SERVICE 1326 7 EA �GV��UC urldre� Dollars and NO Cents per EACH 6" TAPPING SLEEVE AND VALVE L / ' T/en y - -P;Ve AUhdreo 1338 0 EA $ ,SOD $ .00 / Dollars and /y0 Cents per EACH 8" TAPPING SLEEVE AND VALVE 134B 0 EA L / ✓� 1 ) u /I Q /Pd $ 3 Soo, 00$ Dollars and i✓0 Cents per EACH 12" X 8" TAPPING SLEEVE VALVE L AND / �OG(r C l 1 �r,� 5 G rt r1 1356 0 EA �/ $ yQQQ, 0 O $ / Dollars and /vo Cents per EACH Dobecka Drive - 5 BID PROPOSAL FOR SECTION B - DOBECKA DRIVE Dobecka Drive - 6 6" GATE VAL - E G14!1 ll U/Id/PD 1368 2 EA $ o o ADO $ 00 oo Dollars and A/0 Cents per EACH 8" GATE VALVE 137B 2 EA / / / /yi Atj1?' 1-e' $ °0 900. $ 00 Dollars and NO Cents per EACH REMOV SALVAGE & INSTALL FIRE HYDRA AND VALVE ASSEMBLY 138B 1 EA / NT Pt kV e- bfA/)OlPd $ 3, Soo• °° $ 3, Soo• °° Dollars and ND Cents per EACH INSTALL NEW FIRE HYDRANT AND VALVE ASSEMBLY 139B 1 EA ��j/P_e �IIOLISGC/Id $ $ 3 o 00 Dollars and A10 Cents per EACH ADJUST EXISTING VALVE BOX TO GRADE 140B 0 FA oft° Und( -ed $ `DD 00 $ "' Dollars and NO Cents per EACH ABANDON EXISTING WATER LINE 141B 1 LS / 617e - hOUsgZ 7d $ oo ivao, $ , /Doo °° Dollars and No Cents per LUMP SUM 8" PVC SDR -35 SANITARY SEWER PIPE /7 Dollars and i✓O Cents per LINEAR FOOT Dobecka Drive - 6 BID PROPOSAL FOR SECTION B - DOBECKA DRIVE fEM AP Fri X � QTY UNIT DESCRIPTION OF ITEMS WITH BID �UN,IT PRICES WRI17EN IN WORDS' � ���` PRICE: �� � IN FIGURES- AMOUNT'. 4' SANITARY SEWER MANHOLE[ 1438 2 EA / ' r, LIP nG(/1(J/'C� o o $ ,SL700. Oo Dollars and /VO Cents per EACH SANITARY SEWER SERVICE - SHORT SERVICE Othf t h ou S a rl ca 1446 s EA $ Dollars and NO Cents per EACH SANITARY SEWER SERVICE - LONG SERVICE 1458 10 EA F �'f een /1 (A /I/J�fll $ �SaO oo $ �! OQ�• v0 J Dollars and .f/O Cents per EACH ABANDON EXISTING SANITARY SEWER LINE 1468 0 LS (one 60uu and Dollars and N 0 Cents per LUMP SUM REMOVE EXISTING SANITARY SEWER MANHOLE 1478 0 EA Tl,�ee �u gdrec/ $ 3oa 00 $ _ Dollars and NO Cents per EACH REMOVE EXISTING SANITARY SEWER CLEANOUT 148B 1 EA $ �UO" 00 $ �QD 00 Dollars and NO Cents per EACH ADJUST EXISTING SANITARY SEWER MANHOLE 149B 0 EA / iVe ntl/Idr�r� 00 Dollars and it/0 Cents per EACH Dobecka Drive - 7 BID PROPOSAL FOR SECTION B - DOBECKA DRIVE ITEM . APPROX UNIT DESCRIPTION OF ITEMS WITH BID UNIT PRICE - -- AMOUNT m -. Q FY PRICES WRITTEN IN WORDS :; ^. IN FIGURES TRENCH SAFETY FOR ALL UTILITIES -r6r 150B 770 LF $ $ 00 3.00 ,2 U Dollars and NO Cents per LINEAR FOOT REPAIR, REPLACE AND / OR MODIFY EXISTING IRRIGATION SYSTEMS 1 15 " ' - Z,Ac SG( /l d 151B 1 LS $ /,000. Dollars and NO Cents per LUMP SUM INSTALL TREES 1526 2 EA O f r)u l 'Ired $ 840. $ 1 Dollars and NO Cents per EACH INSTALL TREE ROOT BARRIER 1538 300 LF $ 30 $ � DDO. 0O Dollars and A/0 Cents per LINEAR FOOT REMOVE AND RESET LANDSCAPING 1546 1 LS / f/G i,/10u Su. l1 d $ 5,X00, °° $ 4 400, 00 Dollars and NO Cents per LUMP SUM REMOVE AND REPLACE BRICK MAILBOX 155B 9 EA S i.l� hun �rP� $ 00 QUO. $ /i oa J 77 Dollars and NO Cents per EACH Dobecka Drive - 8 BID PROPOSAL FOR SECTION B - DOBECKA DRIVE 156B 1 6 1 EA REMOVE AND RESET MAILBOX 'fGUo AuaelrPd / Dollars and NO Cents per EACH TOTAL BID PRICE (ITEMS 10113- 15613): TOTAL TANGIBLE PERSONAL PROPERTY: .Z 00 00 Is -2 00. 00 jr, °O 0 C' Soo Dobecka Drive - 9 BID SUMMARY — SECTION A S. HEARTZ ROAD SUBTOTAL BID ITEMS #101A THRU #156A $ ,j y ��d 00 TOTAL, BID ITEMS BASE BID (SECTION A) $ J r� y bQ 00 NOTE: A TIME BID OF MORE THAN 150 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. 1. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 2. 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). 3. The teens 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 -50 Bidding Documents BID SUMMARY — SECTION B DOBECKA DRIVE SUBTOTAL BID ITEMS #101B THRU #156B S s 00 TOTAL BID ITEMS BASE BID (SECTION B) 9 � � -S-- o0 NOTE: A TIME BID OF MORE THAN 120 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. 1. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 2. 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). 3. 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 -51 Bidding Documents BID SUMMARY — SECTION C CLEAR CREEK LANE SUBTOTAL BID ITEMS #101C THRU #156C $ 6 ,2 5, V l o0 TOTAL BID ITEMS BASE BI.D (SECTION C) $ S � yo, 00 NOTE: A TIME BID OF MORE THAN 180 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WIL1L BE REJECTED. 1. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 2. ' 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). 3. 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 4, 2 o i y Signature: 1 -52 Bidding Documents BID SUMMARY - TOTAL PROJECT SUBTOTAL BID ITEMS #101 THRU #156 TOTAL BID IT&NIS BASE BID (SECTION A + SECTION B + SECTION C) MINUS DEDUCTION FOR AWARD OF ALL THREE STREETS (Cost savings due to multiple projects in same area) 6 c S J'000 o� TOTAL PROJECT BID 7 7 - 1 -1 A � � 0 - GAL 0 /t i S NOTE: A TIME BID OF MORE THAN 270 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. 1. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 2. 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). 3. 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 -53 Bidding Documents PREVAILING WAGE RATES Classification Hourly Rate Classification Air Tool Operator ..... ............................... 10.06 Asphalt Raker ......... ............................... 11.01 Asphalt Shoveler ..... ............................... 8.30 Batclling Plant Weigher ............................ 14.15 Carpenter .............. ............................... 1 12.50 Concrete Finisher - Paving --- 1 12.85 Concrete Finisher - Structures ..................... 13.27 Concrete Rubber ..... ............................... 10.61 Electrician ............ ............................... 15.12 Flagger................. ............................... 8.43 Form Builder - Structures ........................... 11.63 Form Setter- Paving and Curb ..................... 11,83 Form Setter - Structures ............................ 11.63 Laborer- Common .... ............................... 9.18 Laborer - Utility ....... ............................... 10.65 Mechanic ............. ............................... 16.97 Oiler................... ............................... 14.98 Servicer ............... ............................... 12.32 Painter - Structures ... ............................... 13.17 Pipe Layer ............ ............................... 11.04 Asphalt Distributor Operator ...................... 13.99 Asphalt Paving Machine ............................ 12.78 Broom or Sweeper Operator ....................... 9.88 Bulldozer ............. ............................... 13.22 Concrete Curbing Machine Operator ............ 12.00 Concrete Finishing Machine ...................... 13.63 Concrete Paving Spreader Machine .............. 14.50 Concrete Paving Joint Sealer ...................... 12.50 Concrete Paving Saw ............................... 13.56 Slipform Machine Operator ........................ 12.33 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel ........................ 14.12 Foundation Drill Operator Crawler Mtd ....... 13.67 Foundation Drill Operator Truck Mtd ......... 16.30 Front End Loader .. ............................... 12.62 Milling Machine Operator ........................ 11.83 Mixer................. ............................... 11.58 Motor Grader Operator Fine Grade ............. 15.20 Motor Grade Operator ............................ 14.50 Pavement Marking Machine ..................... 10.04 Roller, Steel Wheel Plant -Mix Pavements ...... 11.28 Roller, Steel Wheel Other Flatwheel or Tamping....... ............................... 10.92 Roller, Pneumatic, Self - Propelled ............... 11.07 Scraper................ ............................... 11.42 Tractor - Crawler Type .............................. 12.60 Tractor - Pneumatic ... ............................... 12.91 Traveling Mixer ...... ............................... 12.03 Wagon -Drill, Boring Machine ..................... 14.00 Reinforcing Steel Setter Paving .................... 14.86 Reinforcing Steel Setter Structures ................ 16.29 Steel Worker- Structural ............................ 14.80 Hourly Rate Spreader Box Operator .... ..........................10.92 Work Zone Barricade . ............................... 10.09 Truck Driver - Single Axle Light .................... 10.91 Tnick Driver - Single Axle Heavy .................. 11.47 Truck Driver - Tandem Axle Semi Trader .........11.75 Truck Driver Lowboy/Float ........................ I0.44 Truck Driver - Transit Mix .......................... 9.47 Truck Driver- Winch . ............................... 9.00 Vibrator Operator -Hand Type ....................... 7.32 Welder .................. ............................... 11.57 1 -54 Bidding Documents CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE Government Code by a person doing business with the governmental entity. ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. 1 v 62141,f 4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. A �// 1 -55 Bidding Documents SECTION 2 CONTRACT DOCUMENTS T H E C I T Y - O F COFFELL ow E- a q 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 2010 by and between the CITY OF COPPELL, TEXAS, a municipal orporation (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" constriction 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- 0710 -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 as stated within Items 19 and 20 of the Instructions to Bidders in Section 1 of these contract documents, and the Contract tins 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 prop isions for the incentive /disincentive as set forth in Item 20 within the Instructions to Bidders in Section 1 of these contract documents. Article 4. CONTRACT PRICE.,. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current fiends 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 $ ,00 The total tangible personal property cost included in the contract sum is $ 2ZI DD 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. 2 -3 Contract Documents 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. 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 famishing 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. 2 -4 Contract Documents 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. 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 N4aintenance 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 Il 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). 2 -5 Contract Documents The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. 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 duly 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 1 This Agreement will be effective on 2010. OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 B T A A 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.) o f) 5ff ar15�flkc - v 1�c) Fork � Jor�,T>L BY: LE. 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. Please see the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, Item 103.4 for insurance policies required. • Contractor's Insurance o Worker's Compensation — As set forth in the Workers Compensation Act o Commercial General Liability - $1,000,000 Accident /Occurrence o Automobiles - $500,000 Combined single limit per occurrence o Owner's Protective Liability - $600,000 per occurrence; 1,000,000 aggregate o "Umbrella" Liability - $1,000,000 per occurrence with drop down coverage o Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate ■ Additional insured — The Owner shall be named as an additional insured on the Commercial General Liability (Public), Owner's Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor. Please see the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, Item 107.2 for indemnification requirements. 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 oppw'ife 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 wluch it is given. 2 -9 Contract Documents Bond No: 022028956 PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Conatser Construction Tx LP whose address is P. 0. Box 15448. F ort Worth, TX 76119 , hercinafter called Principal, and LihPrt Hihml Tnamiranre Cpia, , a corporation organized and existing under the laws of the State of MA 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 Zoo Hundred Ninety -Seven 'thousand E ight Hundred Thirty -Five and 00/100 - - - - - - - - DOLLARS ($ 297,835.00 ) 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- 0710 -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 four (4) copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL SURETY Conatser i Liberty 1 Insurance By: By: � rnnnfgpr ser, President o Gle S. Davis tle: Management Group, Inc., GP Title: Attorney —in —Fact ES : ATTEST: CarAin Maples Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Frost Insurance Agency, Inc. ADDRESS: 5710 LBJ. Ste. #460, Dallas. TX 75240 NOTE: Date of Performance Bona must be date of Contract.. If Resident Agent is not corporation, give person's name. 2 -11 Contract Documents Bond No: 022028956 PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Conatser Construction Tx, LP whose address is P. 0. Box 15448, Fort Worth, TX 76.119 , hereinafter called Principal, and _ Liberty Mutual Insurance Company , a corporation organized and existing tinder the laws of the State of MA and frilly 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 Two Hundred Ninety�:Seven Thousan Eight Hundred Thirty -Five and 00/100 - - - - - - - - - - DOLLARS ($ 297,835 ) in lawftil 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- 0710 -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 perfonned 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 four (4) copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL SURETY Canatser Const ion TX, LP Liberty Mutual Insurance C anpany By: By: -(C erry R.Conatser, President of le S. Davis l Conatser Management Group, Inc., GP Title: At torney —in —Fact ATTEST: a ae��� ATTEST: l, _ . - The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Frost Insurance Agency, Inc. ADDRESS: 5710 LBJ, Ste. 4460 Dallas, TX 75240 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 Bond NO: 022028956 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW AI,L, MEN BY THESE PRESENTS: THAT Conatser Construction TX, LP as Principal, and L iberty Mutual Insurance Company , a corporation organized undcr the laws of MA , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the CITY OF COPPELL a Municipal Corporation, Texas, the sum of Two Hundred Ninety -Seven Thousand,Eight Hundred iT i DQJ -Ixs and No r e Cents (S 297,835.00 ), for the payment of which su will and truly be made unto said CITY OF COPPELL , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Conatser Construction TX; LP has this day entered into a written contract with the said City of Coppell to build and construct Tax 2009 Street Replacement — S. Heartz Road, Dobecka Drive and Clear Creek Lane — Project No. TAX 2009, Bid No. Q- 0710 -01, which contract and the plans and specifications therein mentioned, adopted by the City of COPM11 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 rit;� of c11 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 Conatser Construction Tx, LP has caused these presents to be executed by _ its President, signer and the said Liberty Mutual Insurance Canpany has caused these presents to be executed by its Attomey in fact and the said Attorney in fact Glenna S. Dav , has hereunto set his hand, the day of _, 20 PRINCIPAL Conat Construction TX LP By: ry`R. Conatser, President of e: Conatser Management Group, Inc., GP WITNESS: , -�� (0 Q — SURETY Liberty Mutual Insurance C By. � - -- - - Glenna S. Davis Title: Attorney -in -Fact ATTEST: Carolyn NAles NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-15 Contract Documents 2590143 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint GREG A. WILKERSON, GLENNA S. DAVIS, CATHY VINSON, CAROLYN MAPLES, JOHN R. WILSON, ALL OF THE CITY OFFORT WORTH, STATE OF TEXAS ................................................................................................ ............................... ............................................................................................................................................................... ............................... . each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as suret and as its act and deed, an and all undertakings, bonds, recognizances and other surety obli in the penal sum not exceeding TWENTY FIVE MILLION AND 00!100 ** * * * * * * * * * * * * * * * ** DOLLARS ($ 25,000,000.00 * * * ** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 12th day of June 2009 LIBERTY MUTUAL INSURANCE COOMPANY br r °� Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 12th day of June , 2009 , before me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF Ij1�c hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.< &t `. ,a ` t:.oF,-MONWEALTH OF PENNSYf.vC�VIA _.._ ............._.._..._............... .............................., aMli sa t O as aan� . N �y P C ou Plymwh Te p. Montgc nary county By -My Camrniss:; ,poi. is tvtarch 2& 2013 ........._.._... __ Ter sa Pastella, Notary Public d a4,r Y , ��.'a ` a MA t4c Pennsy n : a ASS 313 M Nouries CERTIFICATE �,;�.� ��� I, the undersi ned, Assistant Sec ter a of Liber Mutual Insurance Com an do hereb certif that the on Ina! ower of attorne of which the fore oin g rY tY P Y: Y Y 9 P Y 9 9 is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. N N d c . A C to O vH aU) yW C E O CL a ° M O L M O C cc O E a� . O t O O C 'C � �� d 0O + N L w CO C � V O I.. 1 IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of b By David M. Carey, Assi nt Secretary I. ibe rtv Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800 - 252 -3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin, TX 78714 -9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 -8284 You may contact the claim office by telephone at: 610 - 832 -8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 e i R - TM CERTIFICATE OF LIABILITY INSURANCE DATE(MMI)DIYYYY) TYPE OF IN 08/09/2010 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER THE SWEENEY COMPANY 1121 E. Loop 820 South P 0 Box 8720 Fort Worth TX 76124-0720 CONTACT NAME: (A//C E),t: 817.457.6700 �c N E -MAIL PRODUCER - CUSTOMER to 9; INSURER(S) AFFORDING COVERAGE NC INSURED Conatser Construction Tx, LP P.O.Box 15448 Fort Worth, TX 76119 INSURERA: B itu m i n ous Casualty Corp +IX INSURER B: Bit u m i n ous Fire & Marine +IX INSURER C $ 100 ,000 INSURER D: $ 5,000 INSURER E $ 1,000,000 X INSURER F: GENERAL AGGREGATE $ 2,000,000 COVERAGES CERTIFICATE NUMBER: 10 -11 GENERAL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT R TYPE OF IN ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD pOLI Y EXP MMIDD -- LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X CONTRACTUAL XCU CLP 3 540 242 08/01/2010 08/01/2011 EACHOCCURRENCE $ 1,000,000 DAMAA PREMIS ( Ea a $ 100 ,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 X INDEP CONT, BFPD GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC PRODUCTS- COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO CAP 3 540 243 08/01/2010 08101/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000_, 000 X X ALL OWNED AUTOS BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ B SCHEDULED AUTOS HIRED AUTOS X PROPERTY DAMAGE (Per accident) $ NON -OWNED AUTOS X $ $ A UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE CUP 2 587 433 08/01/2010 08/01/2011 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 51000,000 DEDUCTIBLE RETENTION $ 10,00 X $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y , N ANY PROPRIETORJPARTNERIEXECUTIVE OFFtCERIMEMBER EXCLUDED? NIA WC 3 540 241 08/01/201 08/01!2011 X WC S 1 10T ER E.L. EACH ACCIDENT $ 1 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in N D yes, describe unndd SCRIPTION OF OPERATIONS below under DE E.L. DISEASE - POLICY LIMIT $ 1 , 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) 009 STREET RECONSTRUCTIN S HEARTZ RD, DEOBECKA DR & CLEAR CREEK LN BID NO. Q- 0710 -01 nULAJr_M CANCFI i GTInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF COPPELL % PURCHASING AGENT P 0 BOX 9478 COP TX 75019 AUTHORIZED REPRESENTATIVE Y V ©1988 -2009 ACORD CORPORATION. All rights reserved. A%,UMLJ _o tzVUwUU) The ACORD name and logo are registered marks of ACORD SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E G I T Y O F COPPELL T p CITY OF COPPELL SUPPLEMENTARY CONDITIONS 9018 614 0 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUC'T'ION — 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 appropri ate 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 1042.1 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: "Constriction 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 'NGINEER 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 prof ect." 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. 3 -8 Standard Specifications Supplementary Conditions ITEM 303.5 - CONSTRUCTION METHODS 303.5.4 Joints 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." 3 -9 Standard Specifications Supplementary Conditions ITEM 504.5 - EMBEDMENT 504.5.3.2 Compaction. 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 detcnnined 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 T H E C 1 T Y O F COFFELL 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 CoppeIl, 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, Suitc 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 constriction 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, uiffering 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 otherwarrungs 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 constricted 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 Superiutendent 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 constriction. 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 1 -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 strictures. 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 mariner 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 DRA WINGS, 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. 8. 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 S DESCRIPTION OF PA Y ITEMS T H E G I T Y O F 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 the Manara Academy (school) on S. Heartz Road, the timing of construction and location of traffic control shall be discussed with the Owner prior to mobilization. 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 for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount 5 -2 Description of Pay Items 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 fiimishing 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 Item #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 Tlicse 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 NVhich 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 Item #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 Item #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 Item #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. Per AJJc„ d "'% 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 Item #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 Item #108 — 6 Reinforced Concrete Pavement with 6" Integral Curb Pay Item #109 — 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 "Contractiori 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 3018, 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 Item #110 — 6" Reinforced Concrete Driveway: This work includes construction of concrete driveways at the locations shown in the construction plans or as detennined 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 famished 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 Item #111— 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 Item #112 — 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. 5 -7 Description of Pay Items 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 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, ccluipment and other incidentals necessary to complete the work. 2.12. Pay Item #113 — 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, and 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 #114 —Variable Height Retaining Wall This work includes the complete in place construction of variable height retaining wall in locations shown within the construction plans. The contractor is responsible for providing the Engineer with available color options for the retaining wall prior to construction. The Engineer will select the color to be used. Measurement and payment for construction of the variable height retaining wall shall be per linear foot (LF) and shall include all labor, equipment and materials necessary to complete the work. 2.14. Pay Item #115 — 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 5 -8 Description of Pay Items 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 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 the covered steps on S. Heartz Road). No separate pay for decorative features. Measurement and payment shall be per each (EA) 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 Item #116 — 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, Pay Item #117 —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. 5 -9 Description of Pay Items 2.17. Pay Item #118 — 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 message boards, signage, etc.) to be given to adjacent property owners and to the traveling ID 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. The Contractor shall provide, utilize and update two (2) message boards with one to be placed at each end of S. Heartz Road. Traffic control plans and updates shall be provided to the Engineer for review prior to construction or modifying any traffic flow (changing lanes, road closures, changing a street to one way, etc.). 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 #119 — 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 TXR 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. 5 -10 Description of Pay Items 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 constriction. 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. 2.19. Pay Item #120 — 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 Payment 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 fumishing 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 #121 -124 — 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. 5 -11 Description of Pay Items 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 #125 -127 — Reinforced Concrete Pipe (RCP) - Various Sizes: This work includes the constriction 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 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 omn'flex 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 strictures, 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 storm 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 (LF) 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 Item #128 — 4 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 5 -12 Description of Pay Items furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.23. Pay Items #129 -130 — 6" and 8" PVC Water Line: Ctc�ss Zoo bR - 1Y This work includes the furnishing and installation of 6" and 8" PVC - water line at the locations shown in the plans as per NCTCOG Items 506 & 502.4 and the City of Coppell Standard Constriction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as sptcified, protecting or replacing existing structures or utilities, testing, disposal of surplus materials, and cleaning up and maintenance. Payment shall Include any and all extra precautions or constriction 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 #131 -132 —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 famishing 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 #133 -135 — 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. 5 -13 Description of Pay Items 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 #136 -137 — 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. 2.27. Pay Item #138 - 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. 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 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 Item #139 — Install New Fire Hydrant and Valve Assembly: This pay item shall consist of the installation of fire hydrant assemblies including connections and testing of the fire hydrants at locations indicated on the plans. The 6" PVC water line and the 6" valve required for fire hydrant installation are considered within Pay Items #129 and #136, respectively. Measurement and payment for work performed and materials furnished related to installing 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. 5 -14 Description of Pay Items 2.29. Pay Item #140 - 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 fiurnished 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 furnishing 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. 2.30. Pay Item #141 - 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 backfulled 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 2.31. Pay Item #142 — 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 strictures 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. 2.32. Pay Item #143 — 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. 5 -16 Description of Pay Items 2.33. Pay Items #144145 - 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. 2.34. Pay Item #146 - Abandon Existing Sanitary Sewer Line: 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 Item #147 - Remove Existing Sanitary Sewer Manhole: This work includes the removal of existing sanitary sewer manholes in multiple locations along the project where dictated on the construction plans. These locations include areas where an existing manhole is to be removed as unneeded as well as locations where a new sanitary sewer manhole is to be constructed. The abandonment and /or removal of the sanitary sewer line connected to the manhole is considered subsidiary to Pay Item #146. Payment shall include excavation and backfill of the location where the sanitary sewer manhole is removed and not replaced and shall not be measured and paid for according to depth. Any testing or backfill around a new manhole shall be subsidiary to Pay Item #143. 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. 5 -17 Description of Pay Items 2.36. Pay Item #148 — Remove Existing Sanitary Sewer Cleanout: This work includes the removal of an existing sanitary sewer cleanouts. If the existing sanitary sewer line is to remain in use (Dobecka Drive), the Contractor is responsible for plugging the existing sanitary sewer line at the location of the existing Ceanout prior to removal. Payment shall include excavation, backfill, and other materials, and all appurtenances for a complete removal 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. 2.37. Pay Item 4149 —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 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 ' 7 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 #150 — 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. 5 -18 Description of Pay Items 2.39. Pay Item #151 — 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 fiulction/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 frilly operational unless the CONTR ACTOR has inspected, noted and documented some specific damage to a system that exists, prior to constriction beginning. It would, therefore, be advisable for the CONTRATOR to contact adjacent property owners and/or system owners /operators prior to constriction 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 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 4152 - 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 planted 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 City of Coppell standards and accepted landscaping practices. 5 -19 Description of Pay Items A tree may only be installed and payment made by the Owner (City) if the replacement of the tree is mutually agreeable to the Owner and the homeowner. Any tree removal shall be subsidiary to Pay Item #103. Any trees that are replaced by the Contractor that have not been approved prior to installation by the Owner and the homeowner will not be paid. Any trees that are damaged during construction activities shall be replaced in accordance with the above specifications at the Contractor's expense. 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 Item #153 — Install 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 tree root barrier shall be removed and replaced at the Contractor's expense and not included as an additional cost. Measurement and payment for work performed and materials related to the installation of the tree foot barriers shall be for linear foot (LF) tree root barrier installed complete in place and accepted. 2.42. Pay Item #154.— Remove and 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 Item 4155 — 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. 5 -20 Description of Pay Items 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. Pav Item 4156 —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 -21 Description of Pay Items SECTION 6 TECHNICAL SPECIFICA TIONS T H E G 1 T Y O F COPPELL T o F y a 9 CITY OF COPPELL PROJECT SIC,`J 1'- 6 1 3 "r— 1 i'- I BLUE 9A0(GRWNO "I'll, LE17II1S o c�t r W Fa SUIn7 POT I N c 0 IIG IIo - "CONTRACTOR'S IL - mF PHONE NUMBER: (972) 304- , 1/2- L �PHlim NAME QPnujrcv mum o mG N VOIIU Ll ° d VYOII LL PHONE U4VI1 NUMBER L7U LL �YMI7E BAq(CRWNDI a C RE5D2�FD fOR 517E c0 pLum DATE. SEASONIYEAR NOTICE OR NOI Po67LNG ) d /2J ` BLUE BORDER GROVND 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: e WY OF COPPELL COPPELL FOR NFORMAY N COO NVAC Y CON A PHONE NUMB R: 972 BETNEL RD PROJECT SST 03 -0 00NTRACTOR: XXX)( XXXI(X XXXXDOC (000) 000.0000 c R�LVD of NOTICE Oft N01 COMPLETION DATE: XXXXXX 20OX lk t Bond Number: Bid Bond BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Con atser Const ruction TX, LP Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462 -1644 Ph. (610) 832 -8240 P. O. Box 15448, Fort Worth, TX 76119 , as principal (the 'Principal'), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety "), are held and firmly bound unto The City of Coppell 255 Parkway Blvd., Coppell, TX 75019 as obligee (the "Obligee "), in the penal sum of Five Percent of the Total Bid Amount Dollars ($ 5% of Total Bid ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Tax 2009 Street Replacement (S. Heartz Road, Dobecka Drive & Clear Creek Lane), City Project No. Tax 2( of NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 8th day of July , 20 10 WITNESS /ATTEST Conatser Construction TX, LP (Principal) By: (Seal) me: J . erry Conatser, Pres.Conatser Title: Management Group, Inc., GP LIBERTY MUTUAL INSURANC MPANY r y) y: ' (Seal) Attorn -in -Fact Glenna S. Davis LMIC -5000 Rev. 03/04 2590064 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint GREG A. WILKERSON, GLENNA S. DAVIS, CATHY VINSON, CAROLYN MAPLES, JOHN R. WILSON, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS .................... ............................................................................ ............................... ................................................................................................................................................................ ............................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as sure and as its act and deed, any , and all undertakings, bonds, recognizances and other sure obli in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100******************** DOLLARS $ 25 000,000.00 * * * ** ( )each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such N attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their a signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d as binding as if signed by the president and attested by the secretary. x y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: O a C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and M deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. w 7 That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. O— > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of -E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 12th day of June a? 2009 _ 0 a) LIBERTY MUTUAL INSURANCE COMPANY p C M Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss to 0 COUNTY OF MONTGOMERY t C On this 12th day of June 2009 , before me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged O •— that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above £ ti Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. O M N IN TESTIMONY WH 1v 1unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year — u first above written. � COMM C TH FQr:.NNStilVF *JIA ` ?», r :• NOtaruSrai. _._..� /GL <Z� 0 O F Tc Pa5tul a tgn ay P u Z U a Plymouth Twp Mantgr.nerr c u� By n +rc ,r,5 a, ,o... M.. hza I o 3 Ter sa Pastella, Notar ublic . We tx aenmy..a wPs—al rNeta ry CERTIFICATE@ I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF�1 haave hereunto subscribed my name and affixed the corporate seal of the said company, this 81 — day of Y By y ro, BM1 u ,� j ab David M. Carey, Ass' fit Secretary