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SW0801-CN101014.- .. OM PM PM pw PM T H E - - -C- °_! T Y - O F CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Denton Tap Sidewalk Infill Project No. SW08 -01 Rid No. Q- 0810 -01 FOR THE CITY OF COPPELL August 2010 ,, ° ° :�► ��^ VEWSV 1 1 Bidding Documents 411611 T H E C I T Y - O F COPPELL A 9 X A 5 1 8 ADDENDUM No. 1 TO: Bidders EOF T A, �t.,,,......lrr�� 1DD ................. .............. GEOFIGE S. MARSHALL r FROM: George S. Marshall, P.E., Civil Engineer w� X12 7/10 r , DATE: 8 -27 -10 REF: SW08 -01 Denton Tap Sidewalk Infill Bid No. Q- 0810 -01 1. This addendum modifies and extends the requirements of the plans and /or the Construction .. Specifications and Contract Documents for the above referenced project, dated August 2010. 2. Staple this addendum to the inside of the rear cover of the 8 %2 "x 11" Construction •- Specifications. 3. Mark all items notated to be marked on the plan sheets and specification pages. 4. Note receipt of all addenda on the line provided in the Bid Proposal. OM Construction Specifications and Contract Documents General 1. The contact for DART is: Shannon Gray r Right of Way Representative Commuter Rail & Railroad Management Dallas Area Rapid Transit (DART) r" 400 S. Houston Street, Suite 107 P.O. Box 660163 Dallas, Texas 75266 -7210 r Phone: 214.749.2794 2. Lane closures shall be allowed on Saturday with the same requirements as Monday through r Friday. Instruction to Bidders PW 1. Item 2 Scope of Work page 1 -9: The contractor will be allowed to reduce Denton Tap to two lanes northbound and two lanes southbound from 9am to 4pm Monday through Saturday. P= U:\Pcrocker\PROJECTS \SIDE WALK \S W0801 Denton Tap\Bid Docs \ADDENDUM No 1 8.27- 10.doc P= r , Section 1 Bid Form 1. Replace pages 1 -24 through 1 -27 of the Bid Form with the attached Bid Form. Quantity changes made. Section 4 Specific Project Requirements 1. Project Description page 4 -4: The contractor will be allowed to reduce Denton Tap to two lanes northbound and two lanes southbound from 9am to 4pm Monday through Saturday. Section 5 Description of Pay Items am 1. Item 7 Pay Items #5 — Reinforced Concrete Driveway: If existing driveway includes brick pavers or stamped concrete than repair & replacement of such shall be included within this pay item at no additional cost. ^- 2. Item 13 Pay Items #11 —Erosion Control: a. Delete the following: A Texas Professional Engineer must prepare and seal a Stone Water Pollution Prevention Plan (SWPPP) and submit to TCEQ. 7 b. And replace it with: The contractor shall be responsible to meet all state and federal standards with regards to stone water pollution. If necessary, the contractor shall develop and maintain a Storm Water Pollution Prevention Plan. 3. Item 15 Pay Items #13 —Retaining Wall —Stacked block: Therefore, the price per vertical face feet for this item should be made based on the pavestone modular block material. PO PM M PM on .. M U.\Pcrocker \PROJECTS \SIDEWALK \SWO801 Denton Tap\Bid Docs \ADDENDUM Nol 8.27 -10 doc OM Bid Form with Addendum No. 1 SIDEWALK IMPROVEMENTS DENTON TAP ROAD FROM BELT LINE ROAD TO SH 121 UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Mobilization, Complete In Place, 1 1 LS Dollars and Cents per Lump Sum 4" thick Reinforced Concrete Sidewalk, 2 30725 SF Complete In Place, Dollars and Cents per 4" thick Reinforced Concrete Sidewalk in DART ROW, 3 1335 SF Complete In Place, Dollars and Cents per 4" thick Reinforced Concrete Sidewalk in Atmos Gas ROW, 4 290 SF Complete In Place, Dollars and Cents per Reinforced Concrete Driveway, Complete In Place, 5 8560 SF _ Dollars and Cents per Square Foot Reinforced Concrete Driveway with Integral Color, 6 310 SF Complete In Place, Dollars and Cents per Square Foot Bid Form with Addendum No. 1 8 -27 -10 1 -24 Bidding Documents Bid Form with Addendum No. 1 UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Remove & Dispose of Concrete waste material, 7 9335 SF Complete In Place, Dollars and Cents per Square Foot Barrier Free Ramp, Complete In Place, 8 6 EA Dollars and Cents per Each Regrade & Adjust Existing Landscaping at 580 S. Denton Tap , 9 1 LS Complete In Place, Dollars and Cents per Lump Sum TxDOT PR1 Railing, Complete In Place, 10 70 LF Dollars and Cents per Linear Foot Erosion Control, Complete In Place, 11 1 LS Dollars and Cents per Lump Sum Traffic Control, Complete In Place, 12 1 LS Dollars and Cents per Lump Sum Bid Form with Addendum No. 1 8 -27 -10 1 -25 Bidding Documents Bid Form with Addendum No. 1 UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Retaining Wall - Stacked Block, Complete In Place, 13 770 VF Dollars and Cents per Vertical Face Foot Reset Valve Stack to Proper Height, Complete In Place, 14 7 EA Dollars and Cents per Each Relocate Water meter Box, Complete In Place, 15 9 EA Dollars and Cents _ per Each Water Vault & faucet at 890 S. Denton Tap, 16 1 EA Complete In Place, _ Dollars and Cents per Each Railroad Pedestrian Signs, Complete In Place, 17 4 EA Dollars and Cents _ per Each Sod , Complete In Place, 18 12000 SF _ Dollars and Cents _ per Square Foot Bid Form with Addendum No. 1 8 -27 -10 1 -26 Bidding Documents Bid Form with Addendum No. 1 UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Concrete Flume at Dairy Queen , Complete In Place, 19 1 LS Dollars and Cents per Lump Sum Concrete Flume at 150 S. Denton Tap, 20 1 LS Complete In Place, Dollars and Cents per Lump Sum Modified Curb Inlet, Complete In Place, 21 1 EA Dollars and Cents _ per Each Remove & Replace Metal Beam Guardrail, 22 110 LF Complete In Place, Dollars and Cents per Bid Form with Addendum No. 1 8 -27 -10 1 -27 Bidding Documents TABLE OF CONTENTS Page # Section 1 - Bidding Documents Notice to Bidders 1 -7 Instructions to Bidders 1 -9 Bid Form 1 -21 Prevailing Wage Rates 1 -33 Section 2 - Contract Documents Standard Form of Agreement (Contract) 2 -3 Certificate of Insurance 2 -10 Instructions for Bonds 2 -11 Performance Bond 2 -13 Payment Bond 2 -15 Maintenance Bond 2 -17 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 DART "Exhibit "B" Contractor's Insurance Requirements" 1 -3 Bidding Documents SECTION 1 BIDDING DOCUMENTS T H E - C I T Y - O F 1 -5 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of Denton Tap Sidewalk Infill - Project No. SW08 -01. The work shall consist of the installation of approximately 28,000 S.F. of concrete sidewalk including approximately 8000 S.F. of driveway concrete and the removal of existing pavement, relocation of existing water meters & water line valve adjustments and all appurtenant �. work necessary to complete construction of the project. Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non - refundable cost of $25.00 from the City of Coppell Purchasing Agent, 255 Parkway Blvd., Coppell, Texas 75019; or telephone (972) 304 -3698 for additional information. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Denton Tap Sidewalk Infill - Project No. SW08 -01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., September 2n 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. - 0810 -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 August 26` 2010 The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or - unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. y 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. 1-7 Bidding Documents 1 -8 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth - Edition and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term y "Successful Bidder" means the lowest, qualified, responsible Bidder, as determined after review of calendar days, overall price, and qualifications, to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, the Construction Plans and Specifications, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. 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 installation of sidewalk along Denton Tap & the removal & regarding of driveways along the route. Due to ADA /TAS requirements many of the existing driveways will need to be removed and regarded to meet the minimum cross slope requirements. Assorted barrier free ramps will be constructed as indicated on plans. The contractor will be allowed to close reduce Denton Tap to two lanes northbound and two lanes southbound from 9am to 4 pm Monday thru Friday. It will also be necessary to maintain access to the adjacent properties at all times. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Denton Tap Sidewalk Infill - Project No. SW08 -01. 1 -9 Bidding Documents 3. Copies of Bidding Documents. -` 3.1 Complete sets of the Bidding Documents may be obtained from the City of Coppell Purchasing Agent, 255 Parkway Blvd., Coppell, Texas 75019, telephone (972) 304 -3698 for a non - refundable cost of $25.00. The following general requirements pertain to the Bidding Documents: _ A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. 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. I 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. 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 the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. 1 -10 Bidding Documents 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. 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. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. By submitting a bid, the Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from Denton Tap. 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 1 -11 Bidding Documents examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and /or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder may, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, the Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions, according to the City standards, upon completion of such explorations. 6.5 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work, are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 1 -12 Bidding Documents 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 in calendar days must be included on the Bid Form in the space provided. All work shall be completed within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever comes first. A more detailed explanation of the completion time is given in Item 1.6 of the Specific Project Requirements. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 103.7 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 1 -13 Bidding Documents Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so , requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a .. quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and /or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By " If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney -in -fact. If signed by an attorney -in -fact, there shall be attached to the bid a power 1 -14 Bidding Documents 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" t hen only the quantity shown in the unit bid price schedule will be paid. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., September 2 " 2010 and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q- 0810 -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. Denton Tap Sidewalk Infill - Project No. SW08 -01 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. Electronic bids will not be accepted. 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. 1 -15 Bidding Documents 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. 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non - responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 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. 19.3 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. 19.4 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 1 -16 Bidding Documents perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) calendar days after the date of the Bid opening. 20. Incentive/ Disincentive. Original Contract Time: Original Contract Time will be defined as provided in the Bid Form in Calendar Days. In the Event the Contract Time takes more than the Original Contract Time, there will be damages assessed of $240 per day, per NCTCOG's Item 108.8. 21. Execution of Agreement. Within seven (7) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 22. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 23. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 24. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Calendar day count 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 1 -17 Bidding Documents 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. 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 practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 27. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 28. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Owner. 29. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 30. Maintenance Bond. The Contractor shall provide a two -year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 31. Testing Requirements. The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or re- inspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports 1 -18 Bidding Documents 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 5:00 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. 33. Payment. CONTRACTOR shall submit Applications for Payment in accordance with Item 190.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 34. Documentation of existing conditions. Contractor must video and provide a copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to Pay Item #1 Mobilization. 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 -19 Bidding Documents 1 -20 Bidding Documents BID FORM PROJECT IDENTIFICATION Denton Tap Sidewalk Infill SW08 -01 in Coppell, Texas v BID OF PATE (NAME OF IRM) 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: - 0810 -01 ] . The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all 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: T Recd: 1 -21 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 -22 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. Bidder understands that the work will be completed in multiple phases. 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. oft 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. T BIDDER will complete the Work for the following price(s): 1-2 Bidding Documents I.? Form with Addendum No. 1 SIDEWALK IMPROVEMENTS DENTON TAP ROAD FROM BELT LINE ROAD TO SH 121 UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantit Unit Description and Unit Price in Words Unit Price Total Price Mobilization, C lets I ce, 1 1 LS f9(i/ _ Dollars and Cents per Lump Sum 4" thick Reinforced Concrete Sidewalk, 2 30725 SF CompletjLln Place, 65 Dollars Cents , and per _ 4" thick Reinforced Concrete Sidewalk in DART ROW, 3 1335 SF Com I e_In Place, _ Dollars and Cents , per 4" thick Reinforced Concrete Sidewalk in Atmos Gas ROW, 4 290 SF Comp le In Place, �� Dollars m and Cents per Reinforced Concrete Driveway, ComOSW In Place, 5 6560 SF _ Dollars and Cents per Square Foot Reinforced Concrete Driveway with Integral Color, 6 310 SF Comp! in Place, Dollars and i12Z> Cents per Square Foot g Bid Form with Addendum No. 1 8 -27 -10 1 -24 Bidding Documents Bid Form with Addendum No. 1 UNIT PRICE BID SCHE _ BASE BID Item Plan No. Quantit Unit Description and Unit Price in Words Unit Price Total Price Remove & Dispose of Concrete waste material, 7 9335 SF Complete In_place, �� Dollars / s (� and Cents d .� — _ _ —_— per Square Foot Barrier Free Ramp, Cop P!a 8 6 EA dt.Gt Dollars and � Cents � �D 0 o2 per Each i f Regrade & Adjust Existing Landscaping at 580 S. Denton Tap, 9 1 LS C In P ce, = Dollars and _ �� Cents ° per Lump Sum TxDOT PR1 Railing, Co�,plete I Plac 10 70 LF Dollars and Cants per Linear Foot Erosion Control, 11 1 LS InP Lw�c— Dollars and ljo-liD ` Cents per Lump Sum Traffic Control, 12 1 LS Co p{ete in P — Dollars��" and � Cents < per Lump Sum Laid Form with Addendum No. 1 8 -27 -10 1 -25 Bidding Documents Sid Form with Addendum iVo. 1 UNIT PRICE BI SCHEDULE Item Pian BASE BID -- No. Quantit Unit Descri tion and Unit Price in Words — '--- Unit Price Total Retaining Wall - Stacked Block, jPrice 13 770 VF Compief Plac , _ Dollars and _ Cents Vertical _ per Face Foot Reset Valve Stack to Proper Height, 14 7 EA mple In P c and � Dollars Per Each Cents _ 0`J Relocate Water meter Box, 15 9 EA Co plate In PI ce, Dollars and �� Cents per Each Water Vault & faucet at 890 S. Denton Tap, 16 1 EA C mplete In, lac , ` oilars and Cents � 7SO per Each Railroad Pedestrian Signs, 17 4 E A C mplete I Plac , y Dollars and Cents per Each �� Sod, 13 12000 SF Complete In Place, 5b Dollars and Cents per Square l=oot Bid Form with Addendum No. 1 8 -27 -10 1 -26 Bidding Documents 31d Form with Addendumn No. 1 UNIT PRICE BID SCHE - - - - — — B ASE BID item Plan No. Quantity Unit Description and Unit Price in W ords Unit Price Total P rice Concrete Flume at Dairy Queen , pllewt /e/�n Pla e, ztu 19 1 LS V Dollars and /l'tr� Cents per Lump Sum Concrete Flume at 150 S. Denton Tap , 20 1 1_S o fete In � and Cents _ per Lump Sum Modified Curb Inlet, let In P ce 21 1 EA ollars 2 �(� Z and Cents , per Each Remove & Replace Metal Beam Guardrail, , 22 110 LF Corr eplet in P Ice, 't� Dollars _ and Cents per Bid Form with Addendum No. 1 8 -27_10 1 -27 Bidding Documents BID SUMMARY Total Bid Items Total Time © �. Calendar Days _ 8. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. r 9. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in _ the Contract Price (see Instructions to Bidders). 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. 1-28 Bidding Documents { 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 -29 Bidding Documents BID AFFIDAVIT r The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and /or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. PM STATE OF _ j COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared 02aez � GIA�s who after being by me Name duly sworn, did depose and say: e 0,4 ; Re_ am a duly authorized office /agent for Name 4 VI �� / �and been duly authorized to execute the Name of Firm �'\ �} foregoing on behalf of the said � 4 .40y, L 1j1 L Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly PW concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon. " _. Name and Address of Bidder: j) f � r Telephone: k 76 by: eE5°_ �GtiP,Pe� Title: l Signature: SUBSCRIBED ANJ SWORN to before me by the above named on this the day of p 20 1 Notary- Public in Aid for the State of �p,.�.r u MELONY D SCHASTEEN My r;ommission Expires March 30, 2013 J -4 0, '0 1 -31 Bidding Documents If BIDDER 1S: An Individual By (Individual's Name) doing business as Business address (Seal) Phone No. A Partnership Business address 'S,, A Corporation By Ph no e No. 7 (Corporation Name) (State of Incorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) , 1 -32 Bidding Documents I dn MR LABOR CLASSIFICATION AND MINIMUM WAGE SCALE The City of Coppell is the contracting agency for this construction project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in ._ contracts that are bid. Vernon's Texas Civil Statutes - Article 5159a: -- "Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rate to be maintained." Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following rates of wages are paid to various classifications of workers in the locality of this project. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. The hourly rate for legal holiday and overtime work shall be not less than one and one -half (1 & 1/2) times the base hourly rate. The rates specified are journeyman rates. Apprentices may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following rates of wages are paid to various classifications of workers in the locality of this project: Air Tool Operator .............. $ 10.06 Asphalt Distributor Operator... $ 13.99 Asphalt paving machine Operator $ 12.78 Asphalt Raker .................. $ 11.01 Asphalt Shoveler ............... $ 8.80 Batching Plant Weigher......... $ 14.15 Broom or Sweeper Operator...... $ 9.88 Bulldozer Operator ........... $.13.22 Carpenter ...................... $ 12.80 Concrete Finisher, Paving...... $ 12.85 Concrete Finisher, Structures.. $ 13.27 Concrete Paving Curbing Machine Operator................ $ 12.00 Concrete Paving Finishing _ Machine Operator ............... $ 13.63 Concrete Paving Joint Sealer 1 -33 Bidding Documents Operator .............. 12.50 Concrete Paving Saw Operator... $ 13.56 Concrete Paving Spreader Operator............ .......... $ 14.50 Concrete Rubber ................ $ 10.61 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator ....................... $ 14.12 Electrician .................. $ 18.12 Flagger ........................ $ 8.43 Form Builder /Setter,Structures. $ 11.63 Form Setter, Paving & Curb..... $ 11.83 Foundation Drill Operator, Crawler Mounted ................ $ 13.67 Foundation Drill Operator, Truck Mounted .................. $ 16.30 Front End Loader Operator. .... $ 12.62 Laborer, common ................ $ 9.18 Laborer, Utility........... .. $ 10.65 Mechanic ....................... $ 16.97 Milling Machine Operator, Fine Grade ..................... $ 11.83 Mixer operator ................. $ 11.58 Motor Grader Operator, Fine Grade. $ 15.20 Motor Grader Operator, Rough... $ 14.50 Oiler .......................... $ 14.98 Painter, Structures............ $ 13.17 Pavement Marking Machine Operator ....................... $ 10.04 Pipelayer ...................... $ 11.04 Reinforcing Steel Setter, Paving ......................... $ 14.86 Reinforcing Steel Setter, Structure ...................... $ 16.29 Roller Operator, Pneumatic, Self - Propelled ................. $ 11.07 Roller Operator, Steel Wheel, Flat Wheel /Tamping ............. $ 10.92 Roller Operator, Steel Wheel, Plant Mix Pavement ............. $ 11.28 Scraper Operator ............... $ 11.42 Servicer ................ $ 12.32 Slip Form Machine Operator..... $ 12.33 Spreader Box operator.......... $ 10.92 Tractor operator, Crawler Type. $ 12.60 Tractor operator, Pneumatic.... $ 12.91 Traveling Mixer Operator....... $ 12.03 Truck driver, lowboy- Float..... $ 14.93 Truck driver, Single Axle, Heavy ..... $ 11.47 Truck driver, Single Axle, Light .......................... $ 10.91 Truck Driver, Tandem Axle, Semi - Trailer ................... $ 11.75 Truck Driver, Transit - Mix...... $ 12.08 Wagon Drill, Boring Machine, Post Hole Driller Operator..... $ 14.00 Welder ......................... $ 13.57 Work Zone Barricade Servicer... $ 10.09 1 -34 Bidding Documents SECTION 2 CONTRACT DOCUMENTS T H E C I T Y - 0 F 2 -2 Contract Documents STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the Zgj- day of �- �j,�X- in the year 2010 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and 3- P" (hereinafter called) CONTRACTOR). LLICI 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 installation of sidewalk along Denton Tap & the removal & regarding of driveways along the route. Due to ADA /TAS requirements many of the ® existing driveways will need to be removed and regarded to meet the minimum cross slope requirements. Assorted barrier free ramps will be constructed as indicated on plans. The contractor will be allowed to close reduce Denton Tap to two lanes northbound and two lanes southbound from 9am to 4 pm Monday thru Friday. It will also be necessary to maintain access to the adjacent properties at all times. `'York shall include all components necessary for the "turn key" construction of the project as shown in the plans for the _ Denton Tap Sidewalk Infill — Project No. SW08 -01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the Denton Tap Sidewalk Infill PROJECT NO. SW08 -01 Bid No. Q- 0810 -01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and' have die rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2 -3 Contract Documents Article 3. CONTRACT TIME. 3.1 The Work will be completed within I calendar days from the date when the Contract time commences to run as provided in Item 103.2 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5 of the General Provisions. _ 3.2 Liquidated Damages. For the purposes of this project, an incentive /disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive /disincentive as set forth in Item 1.6 of the Specific Project Requirements. _ Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ 231,76*H, . The total tangible personal property cost included in the contract sum is Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the —a percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance _ with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. _ 2 -4 Contract Documents Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: „ 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC- 105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes all responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. _ 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or -- discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 2 -5 Contract Documents Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2 -2 thru 2 -7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Conflict of Interest 8.5. Notice of Award. 8.6. Part 1: Standard Specifications for Public Works Construction - North Central ` Texas Council of Governments Fourth Edition. 8.7. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3 -2 thru 3 -10, inclusive). 8.8. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Denton Tap Sidewalk Infill - Project No. SW08 -01 for the City of Coppell" . 8.9. Drawings (Construction Plans) entitled: " Denton Tap Sidewalk Infill - Project No. SW08 -01 for the City of Coppell". 8.10. The following listed and numbered addenda: 1 1 8.11. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.12. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.13. 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. 8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 2 -6 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 duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assignors and legal representatives to the other parry hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2 -7 Contract Documents 2 -8 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 2010. OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 TITL ATT Address for giving ces: " P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffm, 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.) IS _m TITI ATT Address for giving notices: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2 -9 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 • Worker's Compensation - As set forth in the Workers Compensation Act • Commercial General Liability - $1,000,000 Accident/Occurrence • Automobiles - $500,000 Combined single limit per occurrence • Owner's Protective Liability - $600,000 /occurrence; $1,000,000 aggregate • "Umbrella" Liability - $1,000,000 per occurrence w/ drop down coverage • 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. L 2 -10 Contract Documents Instructions For Bonds A. The surety on each bond must be a responsible surety company that is qualified to do business in Texas and satisfactory to the Owner. B. The name and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2 -11 Contract Documents 7 r. 2-12 Contract Documents I PERFORMANCE BOND BOND #CNB- 11944 -09 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That. 3D PAVING AND CONTRACTING, L LC whose address is 161 LANSDOWNE CIRCLE, COPPELL TX 75019 hereinafter called Principal, and INSURORS INDEMNITY COMPANY a corporation organized and existing under the laws of the State of TEXAS 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 TWO HUNDRED THIRTY ON E THOUSAND SEVEN HUNDRED FIFTY FOUR & 00./100 DOLLARS ($ '231,754- 00 } in lawful money 'of the United States, to be paid in Dallas County, Texas, for kthe 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 28TH of SEPTEMBER, 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: Denton Tap Sidewalk Infdl Project No. SW08 -01 Bid No. Q- 0810 -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 iii 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 all outlay and expense which the Beneficiary may incur in 2 -13 Contract Documents 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 copies, each one of which shall be deemed an original, this the 2 8TH day of SEPTEMBER 20 10 , PRINCIPAL 3D PAV_ING A4ID CONTRACTING, LLC i i 11,x/ MAq1 'DT Y Resident Agent of the Surety in Dallas or Denton Coimty, Texas, for deli ry of notice and service of the process is: NAME: x & S INSURANCE AGENCY ADDRESS 18601 T RAT FREEWAY 44.20 mESn TT , TX 75150 NOTE: Date of Perfonnance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2 -14 , . Contract Documents PAYMENT BOND BOND #CNB- 11944 -09 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That 3D PAVING AND CONTRACTING LLC whose address is 161 LANSDOWNE CIRCLE,. COPPELL TX 750 , hereinafter called Principal and INSURORS INDEMNITY CO MPANY a corporation organized and existing under the laws of the State of TEXAS , and fully licensed to transact business iii 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 THIRTY ONE THOUSAND SEVEN HUNDRED FIFTY FOUR•& 00 /100 DOLLARS ($ 2 3 1 754 .0 0 • ) in lawful money of the . United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by •the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas., the Principal entered into a certain Contract with the City of Coppell dated the 2 8TH of SEPTEMBER , A.D. 20 to , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Denton Tap Sidewalk Infill Project No. SW08 -01 Bid No. Q- 0810 -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 fit 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 2 -IS Contract Documents to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., 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 to -be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process maybe. 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 copies, each one of which shall be deemed an original, this the 28TH day of SEPTEMBER 20 PRINCIPAL SURETY W_ No By. MR Title: ATTORNEY -IN -FACT ATTEST: A, r""71 ZA MA Y BRANCH The Resident Agent of the Surety hi Dallas or Den on Cobnty, Texas, for delivery of notice and service of the process is: NAME: . K & S INSURANCE AGENCY 18601 LBJ FREEWAY, MESQUITE TX 75150 ADDRESS: NOTE: Date of Performance Rond moist be date of Contract. If Resident Agent is not a corporation, give a persons name. 2 -16 Contract Documents MAINTENANCE BOND. BOND # CNB , 119 4 4 - 0 9 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT 3 PAVING AN D CO NTRACTING, LLC as Principal, and I NSURORS INDEMNITY COMPANY a corporation organized under the laws of TEXAS , 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 * SEE BEL Dollars and Cents ($ 2 31, 7 54 . 0 0) , for the payment of which sum will and truly be made unto said and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said 3D PAVING AND CONTRACTING, LLC has i this day entered into a written contract with the said CITY OF COPPELL to build and construct Dentoii Tap Sidewalk Infill, Project - No. • SW08 -01; Bid No. Q- 0810 -01, which contract and the plans and specifications therein mentioned, adopted by the _ CITY OF COPPELL 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 y 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 die 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 mull and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF COPPELL 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 _ 2 -17 Contract Documents * TWO HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED FIFTY FOUR & 00 /100 dollars said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said INSURORS INDEMNITY COMPANY has caused these presents to be executed by JAY JORDAN and the said INSURORS INDEMNITY COMPANY has caused these presents to be executed by its Attorney in fact and the said Attorney in fact JAY JORDAN has'hereunto set his hand, the 28TH day of SEPTEMBER , 20 PRINCIPAL SURETY 3D PAVING AND CONTRACTING, LLC INSURORS INDEMNITY COM PANY By: B JAY J `Title: . )&w� l�t�C� Title ATTO Y -IN - wn -XT&Q. ATTFCT- 1 2.18 Contract Documents Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) L....0.-- 10/8/2010 PRODUCER (903)885-7444 FAX: (903)885-0530 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Insurance Agency-Sulphur Springs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 Box 274 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sulphur Springs TX 75483 INSURERS AFFORDING COVERAGE NAIC# INSURED 38911 INSURER A Union Standard Insurance Co. 3D Paving & Contracting, LLC INSURER B Service Lloyds Insurance Co 161 Landsdowne Circle INSURER C: INSURER D Coppell TX 75019 1 INSURER E: COVERAGES 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 OFSUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRD_ .----- --------- ------- ----- ---__.___ ___-__ .._-_ L INSR ADD'L' POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER I DATE(MMIDD/YYYYI DATE(MMIDDIYYYYI UMITS• _GENERAL LIABILITY EACH OCCURRENCE _-_ $ 1,000,000. r DAMAGE TO RENTED - - �''1.X 1 COMMERCIAL GENERAL LIABILITY I PREMISES(Ea occurrence)- $ 100,000 A CLAIMS MADE X I OCCUR CPA4508689 4/7/2010 4/7/2011 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY +$ 1,000,000 II Blanket Additional CLCG0446 1106 GENERAL AGGREGATE $ 2,0001 000 X Blanket Waiver 'CLCG0446 1106 GEN'L AGGREGATE LIMIT APPLIES PER:'', PRODUCTS-COMPIOP AGG $ 2000,000 POLICY 1 X jT LOC CLCG0446 1106 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 •-_ ANY AUTO (Ea accident) A 1 !ALL OWNED AUTOS CPA4508689 4/7/2010 4/7/2011 BODILY INJURY $ .,:SCHEDULED AUTOS (Per person) _X !HIRED AUTOS BODILY INJURY !$• X NON-OWNED AUTOS (Per accident) X Blanket Additional CLCA2014 0107 F_ _____. _.__ ...__ _- , PROPERTY DAMAGE $ X Blanket Waiver CLCA2014 0107 (Per accident) GARAGE LIABILITY !': AUTO ONLY-EA ACCIDENT $ 1 ANY AUTO EA ACC $ OTHER THAN _. + AUTO ONLY AGG $ EXCESS 1 EACH OCCURRENCE $ 1,000,000 ESS I UMBRELLA LIABILITY X L AGGREGATE $ 1,000,000 OCCUR CLAIMS MADE $ A X l,l DEDUCTIBLE CUA4508690 4/7/2010 4/7/2011 $ RETENTION $ none _.. --- ---. YIN $ B AND EMPLOYERS'RS'UABILIITY 1 X.-I TORY LIMITS IMITS. R WORKERS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT - $ 1,000,000. (Mandatory In NH)EXCLUDED? pRZB21971-10 4/7/2010 4/7/2011 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under - -"--_--- -"- __----- - -------- I SPECIAL PROVISIONS below iBlanket Waiver WC420304A 1 E.L.DISEASE-POLICY LIMIT,$ 1,000,000, OTHERContractor's 11 1 Rented/Leased Equip $250,000 A Equipment 6A4508689 4/7/2010 4/7/2011 I Misc. Tools $ 10,000 Rented/Leased Dweincrihlp $ 500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Construction of the Denton Tap Sidewalk Infill, Project# SW08-0l, Bid #Q-0810-01, City of Coppell is included in the following: General Liability policy includes Blanket Additional Insured including Primary/Noncontributory Wording and Completed Operations, Blanket Waiver of Subrogation, and Per Project Aggregate, when required by written contract. Automobile Liability includes Blanket Additional Insured, and Blanket Waiver of Subrogation, when required by written contract. Workers Compensation includes Blanket Waiver of Subrogation, when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Coppell DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 255 Parkway Boulevard NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Coppell, TX 75019 IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE R Daiker-1/BARBRA ACORD 25(2009/01) 01988-2009 ACORD CORPORATION. All rights reserved. INS025(200901) The ACORD name and logo are registered marks of ACORD I NSURORS I ENANI Y POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB- 11944 -09 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Jay Jordan of the City of Rockwall, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. Atte_st�` �� .• . ti Tammy Tieperm n Secretar� INSURORS I DEMNITY MPANY B V'9"'e / T o as . Chase, Jr, Chairma nd CEO State of Texas County of McLennan On the 8th day of July, 2009, before me a Notary Public in the State of Texas, personally appeared Thomas G. Chase, Jr. and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as Chairman and Chief Executive Officer, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act and Oeed of the Company. SHERRI WHtTEHOUSE Notary public Notary Public, State of Texas STATE OF TEXAS My Comm Exp 05121/2013 YlYYYIYYlOMlYlYlYYYIYlYl YYYYYYYlYlY Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on July 8, 2009, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 28th. day of September 2010 Tammy Tiep r an; �Se retary NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. 0. BOX 2683, WACO, TEXAS 76702 -2683 OR EMAIL US AT CONFIRMATION )lNSURORS.COM. SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS i 3.2 Standard Specifications Supplementary Conditions CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION - NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. DIVISION 100: GENERAL PROVISIONS ITEM 101. - DEFINITIONS & ABBREVIATIONS SC -101.1 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Consulting Engineer Wherever the word "Design Engineer" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day Add the following sentence to the end of the working days definitions: "Hours i 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. i 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 -3 Standard Specifications Supplementary Conditions ITEM 103.3 — SURETY BONDS SC- 103.3.1 Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period. " ITEM 103.4 - INSURANCE SC- 103.4.6 Add the following new item: " 103.4.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR." SC- 103.4.7 Add the following new item: " 103.4.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same." ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC -103.6 Add following sentence to end of Item 103.6. "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." 3 -4 Standard Specifications Supplementary Conditions �. ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC- 104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the following conditions: ITEM 105.1 - CONTRACT DOCUMENTS SC- 105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the, y- 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 following reports of explorations and tests of subsurface conditions at the site of the work: Geotechnical Investigation by Alliance Geotechnical Group, Inc., April 2010 (available upon request). 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". ITEM 105.4 - CONSTRUCTION STAKES SC -105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes /surveying shall be provided by the CONTRACTOR. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. 3 -5 Standard Specifications Supplementary Conditions The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein. " ITEM 107.3 - OWNER'S OFFICERS, EMPLOYEES OR AGENTS SC- 107.3.2 Replace Item 107.3.2 with the following new paragraph: "107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. " ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES SC- 107.14 Delete Item 107.14 and substitute the following in lieu thereof: 107.14 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. 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 3 -6 Standard Specifications Supplementary Conditions 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, DESIGN 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 Design 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 Design 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 Design 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 Design Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Design Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." 3 -7 Standard Specifications Supplementary Conditions 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." 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 minimiz 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 3 -8 Standard Specifications Supplementary Conditions SC -108.8 Add the following at the end of the last paragraph in Item 108.8: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project. " DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203 - SITE PREPARATION 203.3.2 Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. " ITEM 203.7 - EMBANKMENT 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications. " DIVISION 300: ROADWAY CONSTRUCTION ITEM 303. - PORTLAND CEMENT CONCRETE PAVEMENT 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 in its entirety. The use of Fly Ash as an admixture in any Class of concrete is y specifically prohibited without written approval of the Engineer. ITEM 303.5 - C ONSTRUCTION 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. 3 -9 Standard Specifications Supplementary Conditions 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 may be used only with specific written permission of the Engineer. " 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 determined by ASTM D -698 at, or up to five (5) percentage points above, 3 -10 Standard Specifications Supplementary Conditions 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 -11 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS COPPELL s a ,I s 4-2 Specific Project Requirements SPECIFIC PROJECT REQUIREMENT 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 -3 Specific Project Requirements 1.1 OWNER: The "OWNER" or "City" as referred to in these Specifications is the City of Coppell, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 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. PROJECT DESCRIPTION: This work shall consist of the installation of sidewalk along Denton Tap & the removal & regarding of driveways along the route. Due to ADA /TAS requirements many of the existing driveways will need to be removed and regarded to meet the minimum cross slope requirements. Assorted barrier free ramps will be constructed as indicated on plans. The contractor will be allowed to close reduce Denton Tap to two lanes northbound and two lanes southbound from 9am to 4 pm Monday thru Friday. It will also be necessary to maintain access to the adjacent properties at all times. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Denton Tap Sidewalk Infill - Project No. SW08 -01. 1.5 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This M process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and 4 -4 Specific Project Requirements protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISHED GRADES: The Contractor shall be responsible for layout and staking of all grades and lines for construction utilizing qualified survey personnel. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re- establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross - sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or 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 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 4 -5 Specific Project Requirements payable to the Owner. If damage is occurring or is likely to continue, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices in accordance with the TMUTCD 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. Additionally, two -way traffic and 20 mph advisory signs for each direction of traffic shall be placed on both sides of all intersections. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right - of -way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. No less than two lanes of traffic in each direction shall be provided at all times. The Contractor is responsible for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer 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 -6 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 and shall not be separate pay item. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site, the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid .� interferences with existing underground and surface utilities and structures, and protect them from damage. C. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be �.. encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction directly with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: 4 -7 Specific Project Requirements 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 job site when it becomes objectionable or interferes with the progress of the project, and /or when requested to do so by the Owner. Final Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new - appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction _ of the various improvements shall be removed from the property by the Contractor. Any required burning and /or disposal permits shall be the sole responsibility of the Contractor. All excavated materials in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner by the Contractor. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4 -8 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and /or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. ® B. Manufacturers standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information that is not applicable y 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. y ` 2. Field construction criteria. 3. Catalog numbers and similar data. 4 -9 Specific Project Requirements n 4. Conformance with specifications. C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with Engineer's _ review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the contractor requires, plus two that will be retained by the Engineer. C. Submittals shall contain: _ 1. The date of submission and the dates of any previous submissions. 2. The project title. _ 3. The names of: a. Contractor b. Supplier _ C. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. S. Identification of deviations from Contract Documents. 9. Identification of revisions on re- submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, , and a \coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered 13. professional engineer. Seal and signature of a register engineer on all structural submittals. D. REVIEW: 4 -10 Specific Project Requirements -- 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. 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. T 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 -11 Specific Project Requirements SECTION 5 DESCRIPTION OF PAY ITEMS 5 -2 Description of Pay Items 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, not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract. No separate or additional payment will be made therefore. For example, there shall be not separate payment for the following: removal and replacement of spoils, excavation, surveying to establish grade, repair to franchise utilities, guy wire relocation and - coordination, tree cutting and trimming, repair of city owned fiber optic lines & pull boxes, and any other incidental necessary to the complete the work. - 2. Construction Pay Items: Pay items 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 Constructions- North Central Texas Council of Government Current 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 Current Edition, as prepared by the North Central Texas Council of Governments, the City of Coppell Standard Construction Details (Ord. # 2005 -1019) and any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 3. Pay Items #1- Mobilization: This pay item shall consist of mobilization and demobilization for the construction of the project. 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 total contract 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. On all subsequent pay estimates, measurement and payment shall be prorated on the basis of the value of the adjusted contract amount completed, plus the initial 10%. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid. Payment for the remaining 10% of the lump sum bid for mobilization, less retainage, will be paid on the next monthly estimate following the 90% payment. 5-3 Description of Pay Items Payment shall be total compensation for furnishing all labor, materials, tools, and i equipment necessary to complete the work. 4. Pay Items #2 - 4 "Reinforced Concrete Sidewalk: This pay item shall consist of the construction of a 4" thick and 5' or 6' wide concrete sidewalk as shown on the plans or as designated by the Owner. All concrete for construction shall be Class `A' having a minimum of 5 sacks of cement per square feet and a minimum compressive strength of 3000 psi at 28 days. No fly ash shall be permitted. The concrete shall be reinforced with a minimum of No. 3 bars placed on chairs on 18 -inch centers in each direction. The cost of excavation, disposal of extra material, furnishing and placing reinforcement is subsidiary to the price bid per each. Disturbed areas must be restored to original or better condition and this pay item includes of all work, materials, and incidentals necessary to restore parkways, yards, irrigation systems, or other improved areas shall be incorporated as a component in the construction of the reinforced concrete sidewalk. 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 non - compliance shall be removed and brought to compliance at the Contractors' expense. Work shall be in compliance with City of Coppell Details and NCTCOG Items. Measurement and Payment shall be made on the basis of price bid per square feet (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals to complete the work. 5. Pay Items #3 - 4 "Reinforced Concrete Sidewalk in DART ROW: This pay item shall meet all requirements in Pay Item #2 as well as the following additional requirements: Meet the DART requirements specified in Exhibit "B" titled Contractor's Insurance Requirements in the appendix of this document. Measurement and Payment shall be made on the basis of price bid per square feet (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals to complete the work. 6. Pay Items #4 - 4 "Reinforced Concrete Sidewalk in Atmos ROW: This pay item shall meet all requirements in Pay Item #2 as well as the following additional requirements: Meet the Atmos requirements specified in the plans and coordinate the work with Atmos staff. Measurement and Payment shall be made on the basis of price bid per square feet (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals to complete the work. 5 -4 Description of Pay Items 7. Pay Items #5 - Reinforced Concrete Driveway: This pay item shall consist of the construction of concrete driveways at the locations shown in the plans. The 6" monolithic curb, where indicated, is subsidiary to this pay item. All concrete for construction shall be Class "C" concrete having a minimum compressive strength of 3600 psi at 28 days. No fly ash shall be permitted. The concrete pavement shall be reinforced with a minimum of No. 3 bars placed on chairs on 18 -inch centers in each direction. The cost for furnishing and placing reinforcement is subsidiary to the price bid per square foot. The thickness shall match existing driveway and at least 6" at the property line and taper to the thickness of the intersecting street. Driveway shall include a section of sidewalk that will serve as an ADA compliant accessible route notated on plans. If existing driveway includes rick pavers or stamped concrete than repair & replacement of such shall be included within this pay item at no additional cost. Disturbed areas must be restored to original or better condition and this pay item includes of all work, materials, and incidentals necessary to restore parkways, yards, irrigation systems, or other improved areas shall be incorporated as a component in the construction of the reinforced concrete accessible route on driveways. Work shall be in compliance with City of Coppell Details and NCTCOG. Measurement and Payment shall be made on the basis of price bid per square feet (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work. 8. Pay Items #6 - Reinforced Concrete Driveway with Integral Color: This pay item shall consist of all specifications in Pay Item #3 and include the following integral color: Red Clay - Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal), sealed with a penetrating sealer. Joint sealant shall match the colors used in the colored pavement. Measurement and Payment shall be made on the basis of price bid per square feet (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work. 9. Pay Item #7 - Remove & Dispose of Concrete: This pay item shall consist of the removal and disposal of concrete sidewalks, driveways, pavement, concrete under brick pavers, and riprap as designated and to the limits as shown on the plans. Work shall be in accordance with NCTCOG Item 203. ® Where only a portion of the existing concrete is to be removed, the concrete shall be saw cut full depth and removed to the saw lines as shown in the plans. Removal of the concrete shall be accomplished leaving a clean vertical side. Damaged vertical sides shall be re- sawed, removed, and replaced at the Contractor's expense. The limit of pay shall only be to the original saw line. The contractor and the Owner's representative shall measure the concrete items prior to removal. The Contractor shall not stockpile 5-5 Description of Pay Items removed material on the job site, unless specifically authorized in writing by the owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor and any other incidentals necessary to complete the work. 10. Pay Items #8 - Barrier Free Ramp: This pay item shall consist of the installation of barrier free ramps in the locations as shown on the plans. All concrete for construction shall be Class `A' having a minimum of 3000 psi at 28 days. No fly ash shall be permitted. All curb 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 of the finished ramp). The City Inspector shall verify each ramp prior to final acceptance. Any ramp found to be noncompliant shall be removed and brought to compliance at the Contractor's expense. Work shall be in compliance with all applicable NCTCOG Specifications and the City of Coppell Standard Construction Details. 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 work. 11. Pay Items #9 - Regrade & Adjust Existing Landscaping at 580 S. Denton Tap: -� This work shall include regrading the existing landscaping to create positive drainage with regards to the new sidewalk & water meter boxes as shown on the plans. The work shall include all necessary items to replace landscaping to original condition. Measurement and Payment shall be made on the basis of price bid per Lump Sum (LS) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete work. 12. Pat Items #10 - TxDOT PRl Railing: i This pay item shall consist of the installation of TxDOT Standard PR 1 railing, as shown in the plans. Installation shall comply with TxDOT requirements. Railing shall be galvanized in accordance with NCTCOG item 804.4. Measurement and payment shall be made on the basis of price bid per linear foot of railing, complete in place, and shall be full compensation for all materials, equipment, tools, labor and incidentals necessary to complete work. 5 -6 Description of Pay Items 13. Pay Items # 11 Erosion Control: 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 (TCEQ), Texas Pollution Discharge Elimination System (TDPES), and the Storm Water Pollution Prevention plan that should be site specific and prepared by the Contractor. A Texas Registered Professional Engineer must prepare and seal a Storm Water Pollution Prevention Plan (SWPPP) and submit to TCEQ. An ECP has not been provided. The Owner and Contractor shall independently submit a Notice of -� Termination upon completion of the project. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWP3. This includes any necessary revisions to sequencing, and maintenance of structural control measures throughout the term of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work and payment shall be prorated throughout the term of the construction based on the calendar days. 14. Pay Items #12 - Traffic Control: This pay item shall consist of furnishing, installing, and maintaining the required .- project sign, appropriate traffic control devices and road sign supports pertinent to the project. The contractor shall submit a traffic control plan, signed and sealed by a Texas Professional Engineer. The traffic plan shall comply with various phases of the construction project. Any modifications to the traffic plan shall require the approval of the City before implementation. Any and all devices /signs shall be constructed and installed with approval from the City of Coppell and comply with TMUTCD. The signs shall be constructed in accordance with the details found in the City of Coppell Specifications. The City will furnish the City logo for the project sign. Inclusive of this pay item is the requirement for adequate notification and instruction to adjacent businesses, property owners, and the general public regarding changes that will affect all, including traffic pattern flow, driveway closure, etc. Lane closures shall be limited to 9am -4pm Monday thru Friday. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Failure to complete the scheduled work in the bid time will not increase this pay item. 15. Pay Items #13 - Retaining Wall - Stacked Block: This work shall include the construction of stacked block retaining wall as shown on Construction Plans. The retaining wall will be placed on a footer as shown in the plans. The price of the retaining wall shall be inclusive of all necessary grading both 5-7 Description of Pay Items on top of and at the base of the retaining wall to provide positive drainage. If an alternate wall material is to be substituted, please be advised that per the specifications, no substitution will be considered or allowed until after the opening of the bids. Therefore, the price per linear foot for this item should be made based on the pavestone modular block material. Color of wall at 598 S. Denton Tap shall match as best as possible to existing wall along church property. Other walls along the route shall be — River Red, no extra charge for use of other colors. Measurement and Payment shall be made on the basis of vertical face feet (VF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 16. Pay Items #14 - Reset Valve Stack to Proper Height: This pay item shall consist of the excavation & adjustment of existing valve stacks as shown on plans to proper grade to fit within proposed sidewalk. Measurement and Payment shall be made on the basis of price bid per each unit (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work — 17. Pay Items #15 - Relocate Water Meter Box: This pay item shall consist of the excavation & adjustment of existing water meter boxes as shown on plans to outside the proposed sidewalk. If determined by the inspector the box will need to be replaced, the new box shall be included in this price. — Measurement and Payment shall be made on the basis of price bid per each unit (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work 18. Pay Items #16 - Water Vault & Faucet: This pay item shall consist of the excavation & adjustment of existing water vault & faucet as shown on plans flush with the ground to fit behind proposed sidewalk and retaining wall. If the existing vault can not be used, the contractor shall provide a new vault to meet existing dimensions at no additional cost. Measurement and Payment shall be made on the basis of price bid per each unit (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work 5 -8 Description of Pay Items 19. Pay Items #17 - Railroad Pedestrian Signs: This pay item shall consist of the fabrication & installation of pedestrian railroad crossing signs as shown on the plans. Necessary flagger & railroad coordination shall be at the contractors expense. Measurement and Payment shall be made on the basis of price bid per each unit (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work. 20. Pay Items # 18 - Sod: -� This pay item shall consist of the installation of sod. All areas disturbed during the construction will be sodded in accordance with the NCTCOG Specifications. The pay limits for sod will be the disturbed areas of construction. And areas outside of the pay ` limits which are disturbed shall be grassed. Sodding outside of the pay limits will not be paid for separately, but shall be considered incidental. Sodded areas shall be fertilized with a 16 -8 -8 (N -P -K) meeting the requirements of the NCTCOG specifications. Application rate of fertilizer shall be as recommended by manufacturer of the fertilizer. Is shall be the Contractor's responsibility to obtain a stand of grass as required by the specifications. The Contractor shall maintain sodded areas for a two month period following the final acceptance of the project. Measurement and Payment shall be made on the basis of price bid per each square foot (SF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work. 21. Pay Items # 19 & 20 - Concrete Flume at Dairy Queen and 150 S. Denton Tap: This pay item shall consist of the installation of a concrete flume as detailed in the plans. Work shall be in accordance with the City of Coppell Standard Construction Details and NCTCOG. Concrete used for the construction shall be Class "C" with a minimum cement content of 6 sacks of cement /cubic yard of concrete, and a 3,600 psi minimum compressive strength when tested at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Measurement and Payment shall be made on the basis of price bid per each unit (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work. 5-9 Description of Pay Items 22. Pay Items # 21 - Modified Curb Inlet: This pay item shall consist of the installation of a modified curb inlet AND sidewalk toe wall as detailed in the plans. Sidewalk toe wall shall be tied into curb inlet and shall be approximately 2' high and 40' long. Work shall be in accordance with the City of Coppell Standard Construction Details and NCTCOG. Concrete used for the construction shall be Class "C" with a minimum cement content of 6 sacks of cement /cubic yard of concrete, and a 3,600 psi minimum compressive strength when tested at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Measurement and Payment shall be made on the basis of price bid per each unit (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work. 23. Pay Items # 22 - Remove & Replace Metal Beam Guardrail: This pay item shall consist of the removal of the existing guardrail along Denton Tap to the limits shown on the plans and salvage or install new guardrail to the west of the sidewalk at the tie into the bridge Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidental necessary to complete the work. I 1 1 5 -10 Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS po ioi O'I 1 1/2" a N i I I t I 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: i 66[ 0E, fi, WU" �q ®�OMM,�,�L'llMY�l�unl�U{ 0090 CONTACT: CONTRACTOR'S �I�1 s��i�E W4�U�1 Q��i!`l5lb U ®IN LOCO - P HOR E NUMBER: 972 - M-0 BETH EL RD PROJECT ( ST 03 CONTRACTOR: XXXX XXXXX XXXXXX (000) 000 -0000 C RtSFRW0 FOR Slit NO"cF CR Rq P63TQIG� COMPLETION DATE: XXXXXX 2ooX 0 i CITY OF COPPELL PROJECT SIGN � AWWwr EXHIBIT "B" on CONTRACTOR'S INSURANCE REQUIREMENTS P• Prior to the start of work or occupancy of premises under a License, Licensee's contractor agrees to procure and maintain at its sole cost and expense, the following types and amounts of insurance with an insurer or unsurers and form satisfactory to Licensor who is herein defined to be DALLAS AREA RAPID TRANSIT. Where applicable, the operating railroad will be named as an additional insured. DART staff will inform you which railroad(s), if any, are operating in the area of the proposed License agreement. 'Che railroads include one v mQiLe of the following: DALLAS GARLAND & NORTHEASTERN RAILROAD (DGNO), FORT WORTH & WEST'E?RN RAILROAD COMPANY (FW WR) and KANSAS CITY SOUTHERN RAILWAY (KCS). Licensee's contractor shall furnish an original (7crtificate of insurance along with ail endorsements for review and approval by DART'S Risk Management Department with the following insurance as a minimum standard: 1) Comprehensive General Liability with Contractual Liability Endorsement • Combined single limit of at least $2,000,000. •. Licensor and Railroad are named as additional insureds (Endorsement for ongoing operations CG 2010 or equivalent and for completed operations CG 2037 or equivalent) without any qualifications or restrictions. • Contractual liability endorsement must have exclusions for operations within 50 feet of railroad PM (Endorsement 2417 or equivalent) and for XCLJ hazards deleted. • Waiver of subrogation (Endorsement CG 2404 or equivalent). • Licensor must have 30 days notice of cancellation or modification. PM 2) Comprehensive Automobile Liability Policy ■ Combined single limit of at least $2,000,000. ., • Licensor and Railroad are named as additional insureds (Endorsement CA 0403 or equivalent) without any qualifications or restrictions. • Waiver of subrogation (Endorsement CA 20$9 or equivalent). • Licensor must have 30 notice of cancellation or modification. 3) Workers' Compensation Insurance • Providing Statutory Benefits under the Worker's Compensation Act. of the State of Texas and/or any other State or Federal Law or Laws applicable to the Contractor's employees performing the work under this agreement. • Employer's Liability Insurance with limits of liability of not less that $500,000 each accident, $500,000 each �- employee for disease and $500.000 policy limit for disease. • Endorsed with a Waiver of Subrogation (Endorsement WC 42 03 04 or equivalent), waiving the carrier's right of recovery under subrogation or otherwise from Licensor. 4) Railroad Protective Coverage The Railroad, not DART, is to be listed as the insured on the certificate. The coverage is not required if the contractor's general liability limits are $2,000,000 per occurrence and $6,000,000 aggregate or higher and the contractor provides the Contractual Liability Endorsement CG 2417. 5) Licensee agrees to furnish Licensor with Certificates of Insurance (or, as and when Licensor may direct, copies of the actual insurance policies) as evidence of the coverages outline in 1), 2) and 3) above. 0) All coverage described in a license shall be in a firm and content satisfactory to Licensor. No party, subject to the provisions of a license agreement, shall violate or knowingly permit to be violated any of the provisions of the policies of insurance described therein. All insurance should be provided by insurance companies with a Rest's Rating of R+ or better. Copyright 0 DART, all rights reserved, 2009 IN I EVINITY _ — pflflfl(f1 PO Box 2683 • 225 South Fifth Street • Waco, TX 76702 -2683 www.insurorsindemnity.com • 254- 759 -3701 • 254- 755 -6399 BID BOND Bond No. CNB- 11768 -09 KNOW ALL MEN BY THESE PRESENTS: THAT we, 3D Pavinq and Contracting LLC as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the _ Surety, are held and firmly bound unto Citv of Coppell , as Obligee, hereinafter called the Obligee, in the amount of 5% % of the amount of this bid not to exceed 5% of the Greatest Amount Bid ($ 5% of GAB _),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 Denton Tap -,Sidewalk Infill NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, 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 not to exceed the penalty 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 PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, SEALED AND DATED this 2nd day of September 2010 Principal: GLJ 3D Pavin and Contractin LLC Sea By: 4(C: (title) Surety: INSURORS INDEMNITY COMPANY (Seal) By: — J J dan, Attorney -in -Fact i- L.1�ER CF A3 ±vRNE�' ° �a�o. Texas INDEMNITY CG V'� Number: CNB-11768-09 KNOW ALL PERSONS BY THESE PRESENTS: ed and That INSURORS IN DEMNITY COMPANY, Waco, Texas, organi f Texas and t the United States of America, does Texas, and authorized and licensed to do business in the State o hereby make, constitute and app Ja Jordan of the Git of Rockwall, State of TX Fact with full power and authority hereby conferred upon him to sign execute, acknowledge and as Attorney in Fa , , for and on its behalf as Surety and as its act and deed, all of the , Orr i c be given in any action deliver be desired by contra tract Indemnity, Surety and Undertakings that may all cases w or proceeding in any court of law o eq u i t ; a ec nitconsenis andwaiversd be lawfully to modify or change or given and with full power and extend any bond or document executed for this Company. DEMNITY pMPANY VYN C- Tammy Tieperm n Secretar State of Texas County of McLennan personally appeared Thomas G. Chase, On the 8th day of July, 2009, before me a Notary Public in the State of Texas, p Y orate Secretary, respectively, of Insurors Indemnity Company, Tie erman, who being by me duly sworn, a Co wledged that they executed the above Power of Attorney in their Jr. and an and Chief Executive Officer, an Tammy P act an eed of the Company. capacities as Chairm id Power of Attorney to be the voluntary and acknowledged sa �� SHERRI WHITE M: Notary Public, State of Texas Notary Public STATE of TEXAS My Comm Exp 0 612 112 0 1 3 ............ ..................... certifies that this Power of Attorney is granted under and by authority of, the Insurors Indemnity Company adopted b the Board of Directors on July S, 2009: following resolutions of the Company adop Y RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company f of the Company either by the Chairman and CEO or the by persons app ointe to a Power of Attorney issued in accordance with theserRas b d as Attorney in Fact pursuan t etlaffixedaby Power of Attorney shall be executed in the name and on behal and to any limitation set forth therein, an President, under their respective designation. The signature of such officer and bsequently revoked and subjec and bind n with respect g upon the Company and any facsimile to any Power of Attorney, a d unless su Power of Attorney or certificate bearing such facsimile signature and seal shall e such power so executed and certified by facs signature and seal shall be valid and binding upon the Company of the h a f Company and to attach to any bond or undertaking to which it is validly terms and limitations of to RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the the ions on the issued to them, to execute and deliv r on b eha l f ex h y succh Attorneys the Secretary in Fact shallbeb binding up Compan Power o f Attorney or Assistant Secretary of the any and all bonds and undertakings, and any such Company as if signed by an Executive Officer and sealed and attested to by is a true excerpt I, Tammy Tieperman, Company. do hereby certify that the foregoing Secretary Of Insurors Indemnity Company, and that this Resolution is in full from the Resolutions of the said Compa ,ng a s a of is in Boar full forcre effect annd has not been revoked. force and effect. I certify that In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this _ 2010 day of Septembe ___ -- - C�� e�_ f.... -�- Tammy Tiep r ari; Secretary VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, NOTE O. BOX 2683, WACO, TEXAS 76702 -2683 OR EMAIL US AT • IF YOU HAVE ANY QUESTION REGARDING THE . PLEASE CALL 800 933 7444 OR WRIT CONFI RMATION INSURORS.COM Aco ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) L_ _- 10/8/2010 PRODUCER (903) 885 -7444 FAX: (903) 885 -0530 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Insurance Agency - Sulphur Springs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR IP O Box 274 ALTER THE COVERAGE A FFORD E D BY THE POLICIES BELOW. Sulphur Sp rings TX 75483 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Union Standard Insurance Co. 38911 3D Paving & Contracting, LLC INSURER B: Servic Lloyds Insu rance Co 161 Landsdowne Circle INSURER C: INSURER D: Coppell TX 75019 INSURER E' 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL INSR = POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE INSURANCE POLICY NUMBER _ DATE MM /DD LIMITS GENERAL LIABILITY EACH OCCURRENCE __ $ 1 1 000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occunmtoll $ 1 00,000 A CLAIMS MADE FX_1 OCCUR CPA4508689 4/7/2010 4/7/2011 MED EXP (Any one person) $ 5,000 X Blanket Additional CLCG0446 1106 PERSONAL BADVINJURY $ 1,000,000 X Blanket Waiver CLCG0446 1106 GENERAL AGGREGATE $ 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2, 000,000 POLICY FX7 PRO LOC CLCG0446 1106 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) BODILY INJURY $ A ALL OWNED AUTOS CPA4508689 4/7/2010 4/7/2011 SCHEDULED AUTOS (Per person) -- - -- X BODILY INJURY E HIRED AUTOS X NON-OWNED AUTOS (Per accident) X Blan et A dditional LCA2014 0107 PROPERTY DAMAGE $ X _ Blanket Waiver LCA2014 0107 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC ANY AUTO $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 AGGRE $ 1 X OCCUR F_� CLAIMS MADE E $ A DEDUCTIBLE CUA4508690 4/7/2010 4/7/2011 X RETENTION $ no $ B WORKERS COMPENSATION X V�STATU- O AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE � E.L. EACH ACCIDENT $ 1, 0 0 000 E.L. DIS EASE - EA EMPLOYE $ 1, 000 , 000_ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) RZB21971 -10 4/7/2010 4/7/2011 E.L. DISEASE - POLICY LIMIT $ 1 If yes, describe under SPECIAL PROVISIONS below Blanket Waiver WC420304A OTHER contracto 1 9 Rented /Leased Equip $250,000 A Equipment CPA4508689 4/7/2010 4/7/2011 Misc. Toole $ 10,000 Rented /Leased $ 500 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: Construction of the Denton Tap Sidewalk Infill, Project# SW08 - 01, Bid #Q - 0810 - 01, City of Coppell is included in the following: General Liability policy includes Blanket Additional Insured including Primary /Noncontributory Wording and Completed Operations, Blanket Waiver of Subrogation, and Per Project Aggregate, when required by written contract. Automobile Liability includes Blanket Additional Insured, and Blanket Waiver of Subrogation, when required by written contract. Workers Compensation includes Blanket Waiver of Subrogation, when required by written contract. Ilia - rnwl r-cl 1 AT1"m ACORD 25 (2009101) v T VtW -ZUUtl AI.UKL1 I_UK1'UKA I lUrv. A n ngnt5 re5erveu. INS025 (200901) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Coppell DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 255 Parkway Boulevard NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Coppell, TX 75019 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE R Daik.er- 1 /BARBRA ACORD 25 (2009101) v T VtW -ZUUtl AI.UKL1 I_UK1'UKA I lUrv. A n ngnt5 re5erveu. INS025 (200901) The ACORD name and logo are registered marks of ACORD INSURORS ,� I E�'�"'� P.O. Box 2683 •225 South Fifth Street • Waco, Texas 76702-2683 1 1 www.insurorsindemnity.com • 254- 759 -3700 • Fax 254- 755 -6399 l�ll/�'ll IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 933 -7444 You may also write to Insurors Indemnity Company at: Para obtener information o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1- 800 - 933 -7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702 -2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1- 800 - 252 -3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714 -9104 Fax: 512-475-1771 Web: littp: / /www.tdi.state.tx.us E -mail: ConsumerProtection a tdi state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. P.O. Box 2683 Waco, TX 76702 -2683 O 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas pars obtener informacion acerca de compamas, coberturas, derechos o quejas al 1- 800 - 252 -3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714 -9104 Fax: 512-475-1771 Web: http://www.tdi.state.tx. ConsumerProtection (citdi.state.tx.us DISPUTAS SOBRE PRiMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto y esta dado para acatar con Section 2253.021 Government Code y Section 53.202, Property Code efectivo, Septiembre 1, 2001. CITY OF COPPELL PROJECT SIGN C 3" 1' -6" 3 "— 4' -O" BLUE BACKGROUND C WHITE LETTERS CrV OF ',OPEC __ n c, 0 I COPPELL MR INFORNET EN ammo: � ONTRA.TOR' S r:i I- I SPE(�TOG�IS EKE, MSPEC�TO 1 PANE WHEW (12) 304- A A -, BLUE LETTERS_ Nk 'NUy' oEE 1 1 /2" f n ( 1 \ I�JOl1V7J 11AC7�JJ : CON— D e v7OJ Llly NAM fl WHITE BACKGR -,s, UNTRACH'S ?ME NUMBER � n n I� �I�� //�V) C RESERVED FOR SITE C.J vLL J JUL PIS �� 111 IrE: (Ca AR NOTICE OR NOI POSTING 0 I l \ I l \ I // 1l1! d- 1 1/ e BLUE BORDER ` I y -4(4 ( - NATURAL GROUND y k 6 6 y L y � y 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 EXAVPLE: C FOR DUUIT /I 1 �M T 9 OE��pp((�cCOI�I(N�raISI�QIIUJ�U o CONTRACTOR'S /Aln1lnUA/Aln1 OIIUSf�EC u EW LOGO-) NONE M DER: 972- 30400000 BETHEL RD PROJECT ST 03-01) f CONTRACTOR: XXXX XXXXX XXXXXX ( (000) 000-0000 `RESERVED FOR SITE NOTICE OR NOI POSTING DATE: XXXXXX 200X + DART EXHIBIT "B" CONTRACTOR'S INSURANCE REQUIREMENTS Prior to the start of work or occupancy of premises under a License, Licensee's contractor agrees to procure and maintain at its sole cost and expense, the following types and amounts of insurance with an insurer or unsurers and form satisfactory to Licensor who is herein defined to be DALLAS AREA RAPID TRANSIT. Where applicable, the operating railroad will be named as an additional insured. DART staff will inform you which railroad(s), if any, are operating in the area of the proposed License agreement. The railroads include one or more of the following: DALLAS GARLAND & NORTHEASTERN RAILROAD (DGNO), FORT WORTH & WESTERN RAILROAD COMPANY (FWWR) and KANSAS CITY SOUTHERN RAILWAY (KCS). Licensee's contractor shall furnish an original Certificate of Insurance along with all endorsements for review and approval by DART's Risk Management Department with the following insurance as a minimum standard: 1) Comprehensive General Liability with Contractual Liability Endorsement • Combined single limit of at least $2,000,000. • Licensor and Railroad are named as additional insureds (Endorsement for ongoing operations CG 2010 or equivalent and for completed operations CG 2037 or equivalent) without any qualifications or restrictions. • Contractual liability endorsement must have exclusions for operations within 50 feet of railroad (Endorsement 2417 or equivalent) and for XCU hazards deleted. • Waiver of subrogation (Endorsement CG 2404 or equivalent). • Licensor must have 30 days notice of cancellation or modification. 2) Comprehensive Automobile Liability Policy • Combined single limit of at least $2,000,000. • Licensor and Railroad are named as additional insureds (Endorsement CA 0403 or equivalent) without any qualifications or restrictions. • Waiver of subrogation (Endorsement CA 2089 or equivalent). • Licensor must have 30 days notice of cancellation or modification. 3) Workers' Compensation Insurance • Providing Statutory Benefits under the Worker's Compensation Act of the State of Texas and/or any other State or Federal Law or Laws applicable to the Contractor's employees performing the work under this agreement. • Employer's Liability Insurance with limits of liability of not less that $500,000 each accident, $500,000 each employee for disease and $500,000 policy limit for disease. • Endorsed with a Waiver of Subrogation (Endorsement WC 42 03 04 or equivalent), waiving the carrier's right of recovery under subrogation or otherwise from Licensor. 4) Railroad Protective Coverage Fhe Railroad, not DART, is to be listed as the insured on the certificate. The coverage is not required if the contractor's general liability limits are $2,000,000 per occurrence and $6,000,000 aggregate or higher and the contractor provides the Contractual Liability Endorsement CG 2417. 5) Licensee agrees to furnish Licensor with Certificates of Insurance (or, as and when Licensor may direct, copies of the actual insurance policies) as evidence of the coverages outline in 1), 2) and 3) above. 6) All coverage described in a License shall be in a form and content satisfactory to Licensor. No party, subject to the provisions of a License agreement, shall violate or knowingly permit to be violated any of the provisions of the policies of insurance described therein. All insurance should be provided by insurance companies with a Best's Rating of B+ or better. Copyright © DART, all rights reserved, 2009