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ST0301A-CS100311Page 1 of 1 Keith Marvin - Bethel Road II, Technical Documents From: Caleb Thornhill <bct(� free se. com> To: Keith Marvin <kmarvin(�'.&oppelltx.gov> Date: 3/11/2010 9:14 AM Subject: Bethel Road II, Technical Documents CC: CPL03243 <CPL03243 (�'.Hreese.com> Attachments: CPL03243 -Secl Bid Proposal Included.doc; CPL03243- Sec2.doc; CPL03243- Sec3.doc; CPL03243- Sec4.docx; CPL03243- Sec5- PayItems.doc; CPL03243- Sec6.doc; WageRates.doc; project sign.pdf; #Bethel Rd Closure - 2 Memo.pdf; 07nwl4.pdf; 02231 Tree Protection and Trimming.DOC; 02402 OF WATER DURING CONSTRUCTION. doc Keith, Here are the word files for the technical documents. I will send the pdf set separately. Let me know if you need anything else. B. Caleb Thornhill P.E. Project Manager Freese and Nichols. Inc. w Main - 214- 217 -2200 s Direct - 214- 217 -2282 s Fax 214- 920 -2565 ® Email: bct _,freese.com This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. file: HC: \Documents and Settings \radloo \Local Setting s\Temp\XPgrpwi se\4B 98B466City_... 1/20/2011 SECTION 2 CONTRACT DOCUMENTS T H E - C [ T Y - O F COPPELL x A l a STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2010 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the reconstruction of Bethel Road II Construction, extending from Penfolds Lane to Denton Tap Road. This project will include the removal of existing pavement, unclassified excavation, the construction of new pavement, the construction of a new bridge, the installation and /or adjustment of water/ wasterwater utilities, traffic signal work, the installation and /or adjustment related drainage, and all appurtenant work as laid out and described in the construction plans. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project No. ST 03 -01A. 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 BETHEL ROAD II CONSTRUCTION PROJECT NO. ST 03 -OIA Bid No. Q- 0310 -02 Article 2. ENGINEER. The Project has been designed by Freese and Nichols, Inc. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2 -2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 270 calendar days from the date when the Contract time commences to run as provided in Item 103.2 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. For the purposes of this project, an incentive /disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive /disincentive as set forth in Item 1.6 of the Specific Project Requirements. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ The total tangible personal property cost included in the contract sum is Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. 2 -3 Contract Documents Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC- 105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes all responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 2 -4 Contract Documents Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2 -2 thm 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 thm 3 -10, inclusive). 8.8. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Bethel Road II Construction, Phase I - Project No. ST 03 -01A for the City of Coppell ". 8.9. Drawings (Construction Plans) entitled: "Bethel Road II Construction, Phase I - Project No. ST 03 -01A for the City of Coppell ". 8.10. The following listed and numbered addenda: 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. 2 -5 Contract Documents 8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. 1VHSCELLANEOUS. 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 parry hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the parry sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2 -6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 2010. OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 TITLE: ATTEST: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P. E. Dir. of Engineering /Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) I� TITLE: ATTEST: Address for giving notices: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2 -7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance, which will be executed and bound here with final documents. 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 covereage • Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate. • Additional Insured - The Owner and Freese and Nichols, Inc. shall be named as an additional insured on the Commercial General Liability (Public), Owner's Protective Liability, and Excess /Umbrella Liability Insurance Policies furnished by the Contractor Please see the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition, Item 107.2 for indemnification requirements. 2 -8 Contract Documents Instructions For Bonds A. The surety on each bond must be a responsible surety company that is qualified to do business in Texas and satisfactory to the Owner. B. The name and residence of each individual parry 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 parry to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2 -9 Contract Documents PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is , hereinafter called Principal, and a corporation organized and existing under the laws of the State of and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary ", in the penal sum of DOLLARS ($ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the of , A.D. 20 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Bethel Road II Construction Project No. ST 03 -OIA Bid No. Q- 0310 -02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and /or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 2 -10 Contract Documents 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 one of which shall be deemed an original, this the day of _ PRINCIPAL By: Title: ATTEST: SURETY By: Title: ATTEST: copies, each .20 Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ADDRESS: NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2 -11 Contract Documents PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is , hereinafter called Principal, and a corporation organized and existing under the laws of the State of and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary ", in the penal sum of DOLLARS ($ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the of , A. D. 20 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Bethel Road II Construction Project No. ST 03 -OIA Bid No. Q- 0310 -02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and /or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., 2 -12 Contract Documents 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 may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL SURETY By: By: Title: Title: ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ADDRESS: NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2 -13 Contract Documents MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and corporation organized under the laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ), for the payment of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said to build and construct Bethel Road H Construction, Project - No. ST 03 -01A, Bid No. Q -0310- 02, which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and /or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, a 2 -14 Contract Documents and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said has caused these presents to be executed by and the said has caused these presents to be executed by its Attorney in fact and the said Attorney in fact , has hereunto set his hand, the day of , 20 PRINCIPAL By: Title: WITNESS: SURETY By: Title: ATTEST: NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2 -15 Contract Documents SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E - C I T Y - O F COPPEL X A S 1 8 CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION - NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. DIVISION 100: GENERAL PROVISIONS ITEM 101. - DEFINITIONS & ABBREVIATIONS SC -101.1 Engineer The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Consulting Engineer Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Freese and Nichols, Inc., 1701 N. Market Street, St #500, Dallas, TX 75202. Calendar Day Add the following sentence to the end of the working days definitions: "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy -two hours notice required. All overtime incurred by the City for inspection services and any overtime incurred by the testing laboratory shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. " The pay rate scale for Inspector overtime charges will be $54/hr. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. 3 -2 Standard Specifications Supplementary Conditions ITEM 103.3 - SURETY BONDS SC- 103.3.1 Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period. " ITEM 103.4 - INSURANCE SC- 103.4.6 Add the following new item: " 103.4.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. " SC- 103.4.7 Add the following new item: " 103.4.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. " SC- 103.4.7a Add the following new item: 103.4.7a Freese and Nichols, Inc. shall be included as an "Additional Insured" on all project liability insurance. " ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC -103.6 Add following sentence to end of Item 103.6. 3 -3 Standard Specifications Supplementary Conditions "Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. " ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC- 104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below. " Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the following conditions: ITEM 105.1 - CONTRACT DOCUMENTS SC- 105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes. " SC- 105.1.3 Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies ". Add the following to the end of Item 105.1.3: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: Geotechnical Engineering Study by Terra -Mar, Inc, April 2003 (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 3 -4 Standard Specifications Supplementary Conditions SC -105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes /surveying shall be provided by the CONTRACTOR. Monumentation has been provided for establishing vertical and horizontal control. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein. " ITEM 107.3 - OWNER'S OFFICERS, EMPLOYEES OR AGENTS SC- 107.3.2 Replace Item 107.3.2 with the following new paragraph: " 107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. " ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES SC- 107.14 Delete Item 107.14 and substitute the following in lieu thereof: " 107.14 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City -owned realty. 3 -5 Standard Specifications Supplementary Conditions It is still possible, however, for a contractor to make tax -free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. " ITEM 107.19 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC- 107.19.2.1 Add the following new Item 107.19.2.1 immediately after Item 107.19.2: " 107.19.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, 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 3 -6 Standard Specifications Supplementary Conditions or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Design Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. " ITEM 107.23 - EXISTING STRUCTURES, FACILITIES AND APPURTENANCES SC- 107.23.2a Add the following new Item 107.23.2a immediately after Item 107.23.2: " 107.23.2a Existing Utilities and Sewer Lines The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. " ITEM 108.1 - PROGRESS SCHEDULE SC -108.1 Amend the first sentence of Item 108.1 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor ". ITEM 108.3 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC -108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 108.8; however, no increase in the contract price shall be due the Contractor. " 3 -7 Standard Specifications Supplementary Conditions Insert the following sentence at the end of the second paragraph of Item 108.3: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 108.8. " ITEM 108.8 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC -108.8 Add the following at the end of the last paragraph in Item 108.8: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project. " DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203 - SITE PREPARATION 203.3.2 Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. " ITEM 203.7 - EMBANKMENT 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications. " DIVISION 300: ROADWAY CONSTRUCTION ITEM 303. - PORTLAND CEMENT CONCRETE PAVEMENT 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. ITEM 303.5 - CONSTRUCTION METHODS 303.5.4 Joints 3 -8 Standard Specifications Supplementary Conditions 303.5.4.2 Expansion Joints: Replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4 -inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. 303.5.4.2.3 Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer ". 303.5.4.3 Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or duininy 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: 3 -9 Standard Specifications Supplementary Conditions 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, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer. " DIVISION 800: MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 803 - . SLOPE AND CHANNEL PROTECTION 803.3.3 Riprap Construction Methods 803.3.3.6 Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S. T. M. C 387 -83. " 3 -10 Standard Specifications Supplementary Conditions SECTION 5 DESCRIPTION OF PAY ITEMS T H E• C I T Y• 0 F COFFELL SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the CONTRACTOR can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, with the exception of the new sign paid under various Bid Items, (b) removal of spoils, (c) water for construction, (d) surveying to re- establish grade, (d) maintenance of streets during construction, (e) sprinkling for dust control, (f) project trailer if needed, (g) any other incidentals necessary to complete the work.. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition, unless modified by these Special Provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord. #2006- 1129), and Appendix `C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94 -643), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 2.1. Pay Items #101 Mobilization (Max. 5% of Contract): This pay item shall consist of actual cost: a. Bonds and insurance b. Transportation and setup for equipment c. Transportation and /or erection of all field offices, sheds and storage facilities d. Salaries for preparation of submittals required before the first payment request e. Salaries for field personnel assigned to the project related to the mobilization of the project f. Mobilization may not exceed 5 percent of the total contract amount g. Cost for mobilization may be submitted only for work completed. Note: The total amount bid for Mobilization shall not exceed five percent (5%) of the Base Bid (A) amount, exclusive of this pay item (adiusted contract amount). Measurement and Payment shall be as follows: Ten percent (10 %) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount 5-2 Description of Pay Items completed. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid. Payment for the remaining 10% of the lump sum bid for mobilization, less retainage, will be paid on the next monthly estimate following the 90% payment. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.2. Pay Item #102 Traffic Control: This pay item shall consist of the placement of the required traffic control devices in accordance with the approved traffic control plan and TMUTCD. The contractor shall also be required to maintain a changeable message board at each end of the construction area, in working order, for the duration of the project. These locations will be near the following intersections: Bethel Road and Denton Tap Road; Bethel Road and Coppell Road. The Contractor shall submit a traffic control plan that meets the requirements described in the construction phasing plans (Sheets PH -1 and PH -2), for the project as a whole and for the various phases. Two -way traffic shall be maintained on the roadway at all times except where specified on Phasing Plans. The Contractor shall not proceed with the implementation of the traffic control plan until notified by the Owner that the plan has been approved. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for preparing traffic control plan, placing barricades and signs and for furnishing all other materials, tools, street markings, changeable message boards, flagmen, equipment, labor, and any other incidentals necessary to implement the traffic control plan and maintain two -way traffic, except where shown, during construction of the project. Payment for this item shall begin on the first payable monthly construction estimate after barricades, signs and traffic handling devices have been installed in accordance with the traffic control plan. Monthly payment based on the calendar days bid shall be made each succeeding month for this item provided the barricades, signs and traffic handling devices have been installed and maintained in accordance with the traffic control plan until the contract amount has been paid. Failure to complete the scheduled work in the bid time will not increase this pay item. 2.3. Pay Items #103 Prep ROW: This pay item shall consist of the preparation of the existing right -of -way for construction as required by the plans and specifications. It will include the area between the right -of- way limits, additional areas beyond the right -of -way such as temporary construction, slope, and drainage easements, and any other easements shown on the plans. Work shall be in accordance with NCTCOG Item 203 and shall include, but not be limited to: all obstructions above ground or below such as trees, shrubs, stumps, brush, roots, vegetation, logs, trash concrete, asphalt, fences, structures, foundations, lumber, scrap metal, abandoned appliances, abandoned utility pipes or conduits and any other items not 5 -3 Description of Pay Items included as pay items elsewhere in the contract documents, or identified in NCTCOG Section 203.3, but necessary for the preparation of the rights -of -way and /or permanent or temporary easements for construction. This item shall also include the protection of any trees, shrubs, fences, structures, signs or other items that are to be preserved and /or relocated as shown on the plans. All trees designated to be preserved shall be protected by fencing to the limits of the canopy and no parking, driving or moving of equipment in this area will be permitted. If pruning of protected trees is required, they shall be trimmed as directed by the Engineer and any cuts of two inches or more in diameter shall be treated as directed by the Engineer. All material and debris removed as described above shall become the property of the Contractor and shall be disposed of at contractor's expense in a manner satisfactory to the Engineer and other items identified in NCTCOG Section 203.3. All items relocated or replaced shall be in a condition equal to or better than the original condition. The Contractor shall videotape and /or photograph the existing right -of -way prior to construction. Payment shall be made on the basis of the price bid per station (STA). This item shall be measured along the centerline by the '100' foot station basis regardless of the width of the right -of -way or easement. Payment shall not exceed 10% of total amount requested. Payment shall be total compensation for providing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. If this pay item exceeds 10% of the total project cost, exclusive of this pay item, then any amount over the 10% will not be paid until the final payment. 2.4. Pay Items #104 Prepare and Implement SWPPP: This pay item is subject to the Texas Commission on Environmental Quality (TCEQ) requirements for construction projects. Under the Texas Pollution Discharge Elimination System general construction permit (TXR 150000) an operator of a construction site that will disturb one (1) or more acres is required to obtain a permit for the discharge of storm water runoff. The contractor shall be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SWP3) and submit a Notice of Intent to the TCEQ as part of the permit. Implementation and installation in accordance with the SWP3 of any rock filter dams, silt fencing, inlet protections, or other type of erosion control are subsidiary to pay item #104. The SWP3 must describe and ensure the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and ensure compliance with the terms and conditions of the permit. A Texas Registered Professional Engineer must sign and seal the erosion control plan submitted as part of the SWP3. The erosion control plan on Sheet ER -1 of the plans should not be considered as a final SWP3. If used by the contractor, then it also must be signed and sealed by a Texas Registered Profession Engineer representing the contractor. The SWP3 shall be subject to approval by the Owner and must be retained on site during the term of the construction. The Contractor shall submit a Notice of Termination upon completion of the project. Contractor shall submit plan on behalf of contractor and owner as joint operators on task. 5-4 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWP3. This includes any necessary revisions to the erosion control plan throughout the term of construction and the installation, sequencing, and maintenance of structural control measures throughout the term of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work and payment shall be prorated throughout the term of construction based on the calendar days. 2.5. Pay Items #105 Project Signs: This pay item shall consist of the installation of a project sign on each end of the project. The sign shall be constructed in accordance with the details found in Section 6 of the Specifications. The City will furnish the City logo for the sign. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work and maintaining sign throughout project. 2.6. Pay Items #106 Unclassified Excavation (Roadway and Channel): This pay item shall consist of the roadway and channel excavation of existing material in the areas shown on the plans and to the lines, grades and typical sections as specified. Excavation shall include all materials encountered regardless of their nature or of the manner in which they are removed. Work shall be in accordance with NCTCOG Items 203.4 and 203.5. This is a " plans quantity measurement Item and the quantity to be paid for will only be that quantity shown in the proposal. Payment shall be made on the basis of the price bid per cubic yard (CY) in accordance with NCTCOG Item 203.4, and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Any damage to existing improvements and /or property, including manholes, underground utilities, utility service lines, valves, valve boxes, etc. as a result of the CONTRACTOR's performance of this work shall be repaired in a timely manner by the CONTRACTOR, at his sole expense. 2.7. Pay Items #107 Unclassified Compacted Earth Fill: This pay item shall consist of the furnishing, placement, and compaction of all suitable fill material to the established grade and to the shape of the cross - section as shown in the plans. Fill material shall be Owner approved borrow and site - excavated material (not all site excavated material may be suitable for embankment). Work shall be in accordance with NCTCOG Items 203.6. S -S Description of Pay Items This is a " plans quantity measurement Item and the quantity to be paid for will only be that quantity shown in the proposal. Payment shall be made on the basis of the price bid per cubic yard (CY) in accordance with NCTCOG Item 203.6, and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.8. Pay Items #108 Remove and Dispose of Asphalt Pavement: This pay item shall consist of the saw cut, removal, and disposal of the existing asphalt pavement to the limits as shown in the plans. Work shall be in accordance with NCTCOG Item 203. The roadway improvements shall be constructed in phases and the removal of the asphalt pavement shall be sequenced as necessary to maintain traffic during construction. Where only a portion of the asphalt is to be removed, the asphalt shall be saw cut full depth to avoid damage to that portion of the asphalt to remain in place. Contractor shall, at his expense, replace any pavement that he damages or removes that is required for the maintenance of traffic. The Contractor and the Owner's representative shall measure the asphalt pavement prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. This item does not include the removal of any asphalt constructed for detours. It only includes removal of existing asphalt prior to construction beginning. 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. 2.9. Pay Items #109 Concrete Removal: This pay item shall consist of the saw cut, removal, and disposal of concrete sidewalks, driveways, brick pavers, pavement, and riprap as designated and to the limits as shown in 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 resawed, 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 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. 2.10. Pay Items #110 Remove and Reset Existing Mailbox: This pay item shall consist of the removal and resetting of existing mailboxes in the locations as shown in the plans. Work shall be in accordance with NCTCOG Item 203. 5-6 Description of Pay Items The Contractor and the Owner's representative shall measure the existing mailboxes prior to removal. The Contractor shall not stockpile 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 price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.11. Pay Items #111 Remove Existing Concrete Pipe (Pipe < =24" Diam): This pay item shall consist of the removal and disposal of existing storm drain pipe in the locations as shown in the plans. Work shall be in accordance with NCTCOG Item 203. The Contractor and the Owner's representative shall measure the existing storm drain pipe prior to removal. The Contractor shall not stockpile 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 price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.12. Pay Items #112 Remove Existing Concrete Pipe (Pipe > 24" Diam): This pay item shall consist of the removal and disposal of existing storm drain pipe in the locations as shown in the plans. Work shall be in accordance with NCTCOG Item 203. The Contractor and the Owner's representative shall measure the existing storm drain pipe prior to removal. The Contractor shall not stockpile 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 price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.13. Pay Items #113 Remove Existing Inlet Box: This pay item shall consist of the removal and disposal of the existing inlets as shown in the plans. Work shall be in accordance with NCTCOG Item 203. The Contractor shall not stockpile removal 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 price bid per each (EA) inlet removed and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.14. Pay Items #114 Adjust Existing Sanitary Sewer Manholes: 5-7 Description of Pay Items This pay item shall consist of adjusting existing sanitary sewer manholes, which are to remain in service, to grade. This item shall be full compensation for adjustment regardless of type of manholes, actual limit of adjustment, or method used to make adjustment. Measurement and Payment shall be made on the basis of price bid per each (EA) manhole rim adjusted to grade and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.15. Pay Items #115 Adjust Existing Valve Box to Grade: This pay item shall consist of adjusting existing water and meter valve boxes, which are to remain in service, to grade. Any adjustment to residential or commercial meter valve boxes shall also include adjusting the meter to within 8" of the top of the box per City of Coppell Standard Construction Details (4050). Measurement and Payment shall be made on the basis of price bid per each (EA) water and meter valve adjusted to grade and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.16. Pay Items #116 Remove Existing and Install New Fire Hydrant and Valve Assembly: This pay item shall consist of removal of existing fire hydrants and placement of new fire hydrants outside of the proposed pavement. Any installation of fire hydrants shall be made per City of Coppell Standard Construction Details (4120). This item shall include all necessary pipe, fittings, blocking, and other appurtenances necessary to relocate the fire hydrants. Measurement and Payment shall be made on the basis of price bid per each (EA) fire hydrant relocated and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.17. Pay Items #117 8" Lime Subgrade Treatment: This pay item shall consist of treating the top 8" and the full width of subgrade by pulverization, addition of 42 LBS /SY of lime, mixing and compacting, and remixing and recompacting the top 6" of the mixed material to the required density. Full width shall be that distance from 1' behind the back of curb on each side of roadway where roadways are proposed. Subgrade shall be constructed to the lines and grades as required by the plans and specifications. Work shall be in compliance with NCTCOG Item 301.2. Measurement and Payment shall be made on the basis of price bid per square (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.18. Pay Items #118 Lime: 5-8 Description of Pay Items This pay item shall consist of the hydrated lime required for the lime treatment of the top 8" and the full width of subgrade. Full width shall be that distance from 1' behind the back of curb on each side of roadway where roadways are proposed. The lime shall be placed in a slurry form at the minimum rate of 42 pounds per square yard. Work shall be in compliance with NCTCOG Items 301.2. Measurement and Payment shall be made on the basis of price bid per ton (TON) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.19. Pay Items #119 and 120 Reinforced Concrete Pavement with 6 Integral Curb (8 Reinf., 10" Reinf.): This work includes the construction of the specified thickness of reinforced concrete pavement (including integral curb, where indicated) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for this project shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. The 6" monolithic curb, where indicated is subsidiary to this pay item, therefore, no separate payment will be made for the curb. All concrete, except for City approved "leave outs ", shall be placed with a self - propelled paving machine. At locations indicated on the plans, lay down curbs shall be constructed and shall be considered subsidiary to this pay item. The lay down curb shall consist of a 10' taper from a 6" curb to no curb with a 1" lip. CONTRACTOR shall pay close attention to NCTCOG Item 303.5.4.3 "Contraction Joints" regarding sawing of joints. In general, joints shall be sawed into the completed pavement surface as soon after initial concrete sets as possible so the some raveling of the green concrete is observed in order for the sawing process to prevent uncontrolled shrinkage cracking. Failure to perform the work in compliance with these requirements and those in Item 303.5.4.3 will subject the slab to rejection. All joints shall be spaced a maximum of 15- 18 feet apart. All joints shall be sealed with silicone joint sealing prior to opening the road to traffic. Measurement and Payment for work performed and materials furnished related to the construction of reinforced concrete pavement of the specified thickness, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 303.9, and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work.. 2.20. Pay Items #121 and #122 Reinforced Concrete Stamped Roadway - Crosswalks (8" & 10 "): This pay item shall consist of the furnishing and placing of stamped reinforced concrete pavement to the specified depth at the crosswalks shown on the plans. All concrete for 5-9 Description of Pay Items construction shall be Class "C" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly as shall be permitted The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with City of Coppell stamped concrete ordinance 2002 -979 and manufacturer's specifications. Color shall be Red Clay - Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal). Any gray stamped concrete shall be Gunmetal Gray - Bomanite Integral Color with Cobblestone Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered after review of specifications and a test section that demonstrates the ability to match color and pattern. Measurement and Payment shall be made on the basis of price bid per square yard (SY) for the specified depth and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.21. Pay Items #123 6 Reinforced Concrete Stamped Roadway - Medians: This pay item shall consist of the furnishing and placing of reinforced concrete stamped median to the specified depth at the crosswalks shown on the plans. All concrete for construction shall be Class "C" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly as shall be permitted The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with City of Coppell stamped concrete ordinance 2002 -979 and manufacturer's specifications. Color shall be Red Clay - Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal). Any gray stamped concrete shall be Gunmetal Gray - Bomanite Integral Color with Cobblestone Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered after review of specifications and a test section that demonstrates the ability to match color and pattern. Measurement and Payment shall be made on the basis of price bid per square yard (SY) for the specified depth and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.22. Pay Items #124 6" Reinforced Concrete Driveways: This pay item shall consist of the construction of concrete driveways as shown on the plans. All concrete for construction shall be Class "C " concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with NCTCOG Item 303. 5 -10 Description of Pay Items Measurement and Payment shall be made on the basis of 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. 2.23. Pay Items #125 Asphalt Pavement for Pave Transition (6 HMAC): This pay item shall consist of the construction of HMAC transitions in the locations shown in the plans. The transition will connect the new concrete roadway to the existing asphalt roadway and shall be 2" thick HMAC surface course, Type "D ", on a 4" Type "B" HMAC binder course in accordance with City of Coppell Standard Construction Details (2110). This item includes compaction of the subgrade under the transition and the concrete street header constructed on the new concrete roadway. The concrete street header shall be constructed in accordance with the City of Coppell Standard Construct Details (2070). Work shall be in compliance with the NCTCOG Items 301.1, 302.9 and 303. Measurement and Payment shall be made on the basis of 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. 2.24. Pay Items #126 Monolithic Median Nose: This pay item shall consist of the installation of monolithic median noses of various types at the locations shown in the plans. Work shall be in compliance with City of Coppell Standard Construction Details (2140) and all applicable NCTCOG Specifications. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.25. Pay Items #127 Reinforced Concrete Pavement Street Headers: This pay item shall consist of the installation of concrete street headers at the locations shown in the plans. Work shall be in compliance with City of Coppell Standard Construction Details (2070) and all applicable NCTCOG Specifications. 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 incidentals necessary to complete the work. 2.26. Pay Items #128 4 Reinforced Concrete Sidewalks: This pay item shall consist of the construction of a concrete sidewalk in the locations as shown in the plans. All concrete for construction shall be Class "A" having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. 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 5 -11 Description of Pay Items brought to compliance at the Contractor's expense. Work shall be in compliance with the City of Coppell Standard Construction Details (2170) and all applicable NCTCOG Specifications. Measurement and Payment shall be made on the basis of 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. 2.27. Pay Items #129 Barrier Free Ramps: This pay item shall consist of the construction of barrier free ramps in the locations as shown in the plans. All barrier free 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. Any barrier free ramp found to be in non - compliance shall be removed and brought to compliance at the Contractor's expense. Work shall be in compliance with the City of Coppell Standard Construction Details (2185) and all applicable NCTCOG Specifications. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.28. Pay Items #130 -133 Raised Pavement Markers: This work includes the placement and installation of all traffic buttons (raised pavement markers) for traffic delineation, as shown in the construction plans, or as determined by the Engineer, in accordance with the appropriate details and specifications, including Item 672 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Surface preparation, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. This work also includes the removal (and replacement, if necessary) of any existing buttons that are not in alignment or sequence. Manufacturer's recommendations for use of the epoxy and /or bituminous adhesive shall be carefully followed. Measurement and Payment for traffic button work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per each (EA) for the various types and sizes and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.29. Pay Items #134 Pavement Markings: This pay item shall consist of the placement and installation of various words, symbols or shapes, stop bars, lane striping or any other unit in the color, width and thickness as shown on the plans. Type I markings are thermoplastic type materials that require heating to elevated temperatures for application. Type II markings are paint -type materials that are applied at ambient or slightly elevated temperatures. New Portland- cement - concrete surfaces shall be cleaned to remove curing membrane, dirt, grease, loose and /or flaking 5 -12 Description of Pay Items existing construction markings and other forms of contamination. Pavement to which material is to be applied shall be completely dry. New Portland- cement- concrete surfaces shall be further prepared for Type I markings, after cleaning, by placing a Type II marking as a sealer. Work shall be in compliance with the TxDOT Specifications Item 666. Measurement and payment for striping 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. 2.30. Pay Items #135 Roadside Sign Assembly (Relocation): This pay item shall consist of the furnishing, fabrication, galvanizing and erection of supports; for constructing concrete foundations; for salvaging and reinstalling complete signs including sign connections and all hardware; for attaching the signs to the supports; and for washing and cleaning the signs. Care shall be taken in removal and storage of existing signs such that no damage occurs and the signs are in an equal condition to when they were removed. The sign assembly shall be in compliance with the TxDOT Specifications Item 644. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.31. Pay Items #136 Roadside Sign Assembly (New Installation): This pay item shall consist of the furnishing, fabrication, galvanizing and erection of supports; for constructing concrete foundations; for furnishing complete signs including sign connections and all hardware; for attaching the signs to the supports; and for washing and cleaning the signs. Signs shall be Aluminum Type "A" signs and shall be in compliance with the TxDOT Specifications Item 636. The sign assembly shall be in compliance with the TxDOT Specifications Item 644. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.32. Pay Item #137 Repair, Replace and /or Modify Existing Irrigation Systems: This work includes repairing, replacing and /or modifying any existing irrigation system or system component within the limits of the work area that is damaged or whose function/operation is adversely impacted by the construction of the proposed improvements, in a manner satisfactory to the adjacent property owners or HOAs to whom they belong and the Engineer. This work includes repairing or replacing any damaged pipes, sprinkler heads or other system components (i.e., valves, controllers, valve boxes, etc.). All existing irrigation systems will be assumed to be in good condition and fully operational unless the CONTRACTOR has inspected, noted and documented some specific damage to a system that exists, prior to construction beginning. It would, therefore, be advisable for the 5 -13 Description of Pay Items CONTRATOR to contact adjacent property owners and /or system owners /operators prior to construction to determine the limits of all existing irrigation systems, the location of sprinkler heads and other system components, and to identify and document any existing damage. All repairs should be completed as soon as possible after the damage is discovered. Any damage to existing grass, trees or landscaping resulting from a lack of water during construction because of damage to irrigation systems or irrigation systems that become inoperable will be the sole responsibility of the CONTRACTOR to replace. The exact number and location of sprinkler heads, valves, controllers, etc. on this project is unknown. The CONTRACTOR is, therefore, advised to visit the project site for himself and make his own determination of where existing irrigation systems may be located and to what extent those systems and system components may be damaged or impacted during construction. Measurement and Payment for work performed and materials furnished related to the repair, replacement and /or modification of existing irrigation systems, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including replacing any sod, trees or landscaping damaged during the course of construction due to the lack of adequate watering or the inability to properly operate an existing irrigation system resulting from the construction. 2.33. Pay Item #138 Repair, Replace and /or Modify Existing Landscape: This work includes repairing, replacing and /or modifying any existing landscaping within the limits of the work area that is damaged or is adversely impacted by the construction of the proposed improvements, in a manner satisfactory to the adjacent property owners or HOAs to whom they belong and the Engineer. Measurement and Payment for work performed and materials furnished related to the repair, replacement and /or modification of existing landscaping, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.34. Pay Item #139 Tree Protection: This pay item shall consist of the furnishing and placing of tree protection to the specified locations shown on the plans. Work shall be in compliance with NCTCOG Item 203, Specification 02231, and manufacturer's specifications. Measurement and Payment for work performed and materials furnished related to the repair, replacement and /or modification of existing landscaping, as provided herein, shall be made on the basis of the price bid per lump sum (U) and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 5 -14 Description of Pay Items 2.35. Pay Items #140 Block Sodding: This pay item shall consist of the furnishing and planting grass on all disturbed areas within the project limits, not covered by pavement. Work shall be in compliance with NCTCOG Item 202.5. This is a " plans quantity measurement Item and the quantity to be paid for will only be that quantity shown in the proposal. Payment shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 202.5, and shall be total compensation for furnishing and /or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.36. Pay Item #141 Combination Rail w /windows (Tx Classic)(42" Tall): This pay item shall consist of the installation of combination rail at the locations shown in the plans. The combination rail shall be in compliance with the TxDOT Specifications Item 450 and details C411. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) of combination rail, measurement being made along the face of the rail, from center to center of end posts or from terminal anchor sections. Payment shall be full compensation for installation of all materials, and for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.37. Pay Items #142 -143 Single Guardrail Terminal and TL2 Transition: This pay item shall consist of the installation of single guardrail terminals (SGT) and TL2 transitions at the locations shown in the plans. The SGT and TL2 transition shall be in compliance with the TxDOT Specifications Item 540 and details MBGF(TL2) -09 and SGT(7) -09. Measurement and Payment shall be made on the basis of price bid per each (EA) of SGT and TL2 transition. Payment shall be full compensation for installation of all materials, for furnishing and backfilling postholes, and for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.38. Pay Item #144 Installation of Highway Traffic Signals This work includes the furnishing and installation of new highway traffic signals including traffic signal controllers and cabinets in accordance with the appropriate details and specifications, including City of Coppell "TS -2 Type 2 Cabinet Specification" and "Specification for Fully- Actuated Solid State Controller Unit (TS -2) with Time -Based Coordination, Preemption, and Closed Loop Operation" as well as Item 680 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Measurement and Payment for installation of highway traffic signals work performed and materials furnished completed and in place as provided herein shall be made on the basis of S -IS Description of Pay Items the price bid per each (EA) intersection and shall be total compensation for furnishing all labor, materials, tools, equipment and other incidentals necessary to complete the work 2.39. Pay Item #145 Remove and Deliver Existing Traffic Signal Pole and Mast Arm Assembly This work shall include the removal and delivery to the City of traffic signal poles and mast arm assemblies and noted signal heads, signs and other attached items. Said traffic signal pole and mast arm assemblies shall be removed with reasonable care to avoid damage and are to be delivered and unloaded in good condition at a location within the city as designated by the City of Coppell. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to remove, load, deliver and unload traffic signal pole and mast arm assemblies, signal heads, signs and other attached items. 2.40. Pay Item #146 Traffic Signal Pole Assembly This work shall include the furnishing and installation of traffic signal pole and mast arm of the size and finish called for on the plans and in the specifications. The poles and mast arms shall be in compliance with Item 686 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and standard details for a round cross section. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to furnish and install the signal pole and mast arm assemblies. 2.41. Pay Item #147 Drill Shaft (30 in) This pay item shall consist of the installation of drill shafts of the sizes (30A) and at the locations shown in the plans. The drill shafts shall be in compliance with Item 416 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. and TxDOT standard details for reinforced drilled shafts. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) of specified type of drilled shaft foundation. Payment shall be full compensation for installation of all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.42. Pay Item #148 Pedestal Pole Assemblies (including foundation) This work includes the furnishing and installation of pedestal pole assemblies in accordance with the appropriate details and specifications, including Item 687 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete 5 -16 Description of Pay Items the work. Payment for foundations (24" Drilled Shafts) for the pedestal pole assemblies shall be incidental to payment for this item. 2.43. Pay Item #149 Pedestrian Signal Sections (remove and relocate) This work includes the removal and relocation of existing polycarbonate, symbolic pedestrian signal sections in accordance with the appropriate details and specifications, including Item 682 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.44. Pay Item #150 Pedestrian Push Button and Sign Assemblies (remove and relocate) This work shall include the removal and relocation of pedestrian push button and sign assemblies in accordance with City of Coppell standards and specification "Vehicle and Pedestrian Detectors; Pedestrian Push Buttons; Installation Procedures," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.45. Pay Items #151 -152 2 and 3 PVC Conduit This work shall include the furnishing and installation of 2" PVC conduit and 3" PVC conduit in accordance with City of Coppell standards and specification "Underground Traffic Signal Requirements: Conduit, Ground Boxes, Concrete Cabinet Foundations, and Installation Procedures," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.46. Pay Items #153 3 PVC Conduit (BORED) This work shall include the furnishing and installation by boring of 3" PVC conduit in accordance with City of Coppell standards and specification "Underground Traffic Signal Requirements: Conduit, Ground Boxes, Concrete Cabinet Foundations, and Installation Procedures," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.47. Pay Item #154 Ground Boxes 5 -17 Description of Pay Items This work shall include the furnishing and installation of ground boxes in accordance with City of Coppell standards and specification "Underground Traffic Signal Requirements: Conduit, Ground Boxes, Concrete Cabinet Foundations, and Installation Procedures," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.48. Pay Items #155 -156 3- Section and 5- Section Traffic Signal Backplates This work shall include the furnishing and installation of 3- section or 5- section backplates of the appropriate configuration for the signal heads and in accordance with Item 682 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and installed in compliance with City of Coppell standards and specification "Polycarbonate Resin Traffic Signal Heads - 12 Inch, Expandable, Adjustable Type," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.49. Pay Items #157 -161 Vehicle Signal Sections (12 IN) LED This work shall include the furnishing and installation of 12" signal sections of the type and locations called for on the plans and each consisting of one housing case, housing door, visor and optical unit in accordance with Item 682 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and City of Coppell standards and specification "Polycarbonate Resin Traffic Signal Heads - 12 Inch, Expandable, Adjustable Type," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. Payment for the signal head shall be incidental to payment for the signal sections. 2.50. Pay Items #162 1 Conductor #6 Bare Wire This work shall include the furnishing and installation of 1C #6 Bare wire in multiple locations of the project as shown on the plans and in accordance with City of Coppell standards and specification "Multiple Conductor and Single Conductor Traffic Signal Cable and Wire," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.51. Pay Items #163 1 Conductor #8 XHHW Wire 5 -18 Description of Pay Items This work shall include the furnishing and installation of 1C #8 XHHW wire in multiple locations of the project as shown on the plans and in accordance with City of Coppell standards and specification "Multiple Conductor and Single Conductor Traffic Signal Cable and Wire," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.52. Pay Items #1641 Conductor #8 Bare Wire This work shall include the furnishing and installation of 1C #8 bare wire in multiple locations of the project as shown on the plans and in accordance with City of Coppell standards and specification "Multiple Conductor and Single Conductor Traffic Signal Cable and Wire," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.53. Pay Items #16510 Conductor #14 Gauge Wire This work shall include the furnishing and installation of 10C #14 Gauge wire in multiple locations of the project as shown on the plans and in accordance with City of Coppell standards and specification "Multiple Conductor and Single Conductor Traffic Signal Cable and Wire," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.54. Pay Items #16616 Conductor #14 Gauge Wire This work shall include the furnishing and installation of 16C #14 Gauge wire in multiple locations of the project as shown on the plans and in accordance with City of Coppell standards and specification "Multiple Conductor and Single Conductor Traffic Signal Cable and Wire," and NCTCOG standards. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.55. Pay Items #167 3 Conductor #14 Gauge Wire This work shall include the furnishing and installation of 3C #14 Gauge wire in multiple locations of the project as shown on the plans and in accordance with City of Coppell standards and specification "Multiple Conductor and Single Conductor Traffic Signal Cable and Wire," and NCTCOG standards. 5 -19 Description of Pay Items Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.56. Pay Items #168 Video Imaging Vehicle Detection System, Camera Assembly This work includes the furnishing and installation of video imaging vehicle detection system camera assembly based on the Solo Terra model from Autoscope in accordance with the appropriate details and specifications. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.57. Pay Items #169 Video Imaging Vehicle Detection System, Processing Unit This work includes the furnishing and installation of video imaging vehicle detection system processor unit based on the Solo Terra model from Autoscope in accordance with the appropriate details and specifications. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.58. Pay Items #170 Video Imaging Vehicle Detection System, Setup This work includes the set -up for detector setup and viewing of vehicle detections based on the Solo Terra model from Autoscope in accordance with the appropriate details and specifications. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.59. Pay Items #171 VIVDS Communication Cable This work shall include the furnishing and installation of VIVDS communication cable compatible with the Solo Terra model from Autoscope in multiple locations of the project in accordance with the appropriate details and specifications. Measurement and Payment shall be made on the basis of the price per linear foot (LF) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.60. Pay Items #172 Uni- Directional Opticom Detector (remove and relocate) This work includes the removal and relocation of one uni- directional opticom detector in accordance with the appropriate details and specifications, including the Emergency Management Response System special specification. 5 -20 Description of Pay Items Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor, materials, and equipment necessary to complete the work. 2.61. Pay Items #173 Traffic Signal Confwmation Lights This pay item shall consist of the furnishing and installation of traffic signal confirmation light assemblies with clear globe on the mast arms and in the locations as designated by the Owner. Contractor shall furnish and install Pelco Part Number SM -0286 traffic signal confirmation lights, or equal. Incidental to this pay item shall be the furnishing and installation of the traffic signal confirmation light system to control the traffic signal confirmation light assemblies, and shall include all processor and conflict monitor equipment to provide a functional system. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.62. Pay Items #174 Relocation of Illuminated Street Name (ILSN) sign This pay item shall consist of the relocation of the existing illuminated street name sign on Pole T -9 to the new Pole T -7 in accordance with the appropriate specification. Measurement and Payment shall be made on the basis of the price per each (EA) and shall be total compensation for furnishing all labor and any incidental materials necessary to complete the work. 2.63. Pay Items #175 -179 Class III RCP: This pay item shall consist of the installation of ASTM C -76 Class III precast reinforced concrete pipe storm drain pipe at the locations and to the grades shown on the plans (sizes 18 ", 21 ", 24 ", 30 ", and 36 "). Omniflex joint material shall be used for all joints. All fittings and bends shall be prefabricated. Work shall be constructed in accordance with the City of Coppell Standard Construct Details (6090). Measurement and Payment shall be made on the basis of price bid per linear foot (U) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.64. Pay Items #180 Trench Safety Protection for Storm Drain, Water and Sanitary Sewer Lines: This pay item shall consist of the trench safety system required for construction activities. The Contractor shall furnish a site - specific trench safety plan prior to construction. The system shall meet the requirements of the Occupational Safety and Health Administration (OSHA). The Contractor is directed to become knowledgeable with the standards as set forth by OSHA and to provide a viable trench safety system at all times during construction activities, and the Contractor is responsible for conforming to such 5 -21 Description of Pay Items regulations as prescribed by OSHA standards. This pay item includes all additional excavation, backfill, pavement reconstruction and repair made necessary by the protection system. No separate payment shall be made for excavation protection made necessary due to the selection of an optional design or sequence of work that creates the need for the protection system. The trench safety plan shall be signed and sealed by a Texas Registered Professional Engineer. 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 incidentals necessary to complete the work. 2.65. Pay Items #181 -183 Curb Inlets: This pay item shall consist of the construction of recessed curb inlets at the locations and grades shown in the plans (sizes 5' std., 5' rec. , 10' rec. , 20' w/ Open Back, and 20' rec). The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the TxDOT Standard 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 the work. 2.66. Pay Items #184 Curb Inlet w/ Open Back: This pay item shall consist of the construction of curb inlets at the locations and grades shown in the plans (size 20' w/ Open Back). The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Details (6020 and 6030). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.67. Pay Items #185 4 Drop Inlet: This pay item shall consist of the construction of `Y' inlets at the location and to the grades as shown in the plans (size 4'x4'). Work shall be in compliance with the City of Coppell Standard Construction Details (6040). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.68. Pay Items #186 Type A Storm Drain Manhole: This pay item shall consist of the construction of square storm drain manholes at the locations and to the grades shown in the plans. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Details (6010). 5 -22 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.69. Pay Items #187 -188 PVC Waterline: This pay item shall consist of the installation of AWWA C900 (DR14) and C905 (DR18) PVC water pipe at the locations and to the grades shown on the plans (sizes 8" and 16 "). Work shall be in accordance with NCTCOG Items 501, 504, 505, 506 and City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, ductile iron fittings shown on the plans, thrust blocking, concrete anchors, flowable fill, concrete backfill, and pumping where necessary; trench excavation, and backfilling, including embedment material as specified, replacement of top soil, protecting or replacing existing structures or utilities, disinfection, pipeline signs, testing, disposal of surplus materials, cleaning up and maintenance, fence removal and replacement, as result of the pipeline construction to equal or better condition. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Cutting and plugging of existing pipe lines shall be performed as noted on plans and incidental to pipe line installation. Testing and disinfection in accordance with specifications is considered subsidiary to the price bid. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of fitting to center of fitting or end of pipe without any deduction for the length of intermediate fittings, specials or valves. and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.70. Pay Items #189 16 "x6" Tapping Sleeve and Valve: This pay item shall consist of the installation of tapping sleeve and valve in the locations as shown in the plans (16 "x6 "). Work shall be in accordance with NCTCOG Items 501, 504, 505, 506 and 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 the work. 2.71. Pay Items #190 8 Gate Valve: This pay item shall consist of the installation of gate valves in the locations as shown in the plans (8 "). Work shall be in accordance with NCTCOG Items 501, 504, 505, 506 and City of Coppell Standard Construction Details (4050). 5 -23 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.72. Pay Items #191 Air Release Valve (Type I): This pay item shall consist of the installation of 2" air valve in the locations as shown in the plans. Work shall be in accordance with NCTCOG Items 501, 504, 505, 506 and City of Coppell Standard Construction Details (4090). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.73. Pay Items #192 12" PVC Wastewater Pipe (SDR -35): This pay item shall consist of the installation of ASTM D3034 SDR -35 PVC sanitary sewer pipe at the locations and to the grades shown on the plans (12 "). Work shall be in accordance with NCTCOG Items 501, 504, 505, 507 and City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as specified, replacement of top soil, protecting or replacing existing structures or utilities, mandrel pulling, pipeline signs, testing, disposal of surplus materials, cleaning up and maintenance, fence removal and replacement, as result of the pipeline construction to equal or better condition. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Removal and disposal of existing pipe and manholes in same trench shall be incidental to pile line installation. Testing in accordance with specifications is considered subsidiary to the price bid. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of manhole to center of manhole or cleanout without any deduction for the length of pipe through manholes and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.74. Pay Items #193 Sanitary Sewer Manhole: This pay item shall consist of the construction of sanitary sewer manholes at the locations and to the grades shown in the plans (5' diameter). Work shall be in compliance with the City of Coppell Standard Construction Details (5020). Vacuum Test and Television Inspections are considered subsidiary to installation. 5 -24 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.75. Pay Items #194 -204 Bethel Road /Grapevine Creek Bridge: This pay item shall consist of the removal and installation of all bridge improvements at Bethel Road and Grapevine Creek as shown in the plans. Bridge improvements shall be in accordance with all applicable TxDOT specifications and details. Attention must be paid to the specifications and conditions of nationwide permit 14. Care of water during construction will be subsidiary to the price bid and shall be in compliance with Specification 02402. Measurement and Payment shall be made on the basis of price bid per lump sum (LS). Payment shall be full compensation for installation and furnishing of all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.76. Pay Items #205 Decorative Railing at Bridge: This pay item shall consist of the construction of the decorative concrete railings at the bridge in the location as shown in the plans. The railings shall be installed in accordance with the details in the plans and with NCTCOG Items 702. 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 incidentals necessary to complete the work. 2.77. Pay Items #206 Mechanically Stabilized Earth Retaining Walls This pay item shall consist of the construction of MSE retaining walls to the lines, limits and grades as shown in the plans. The type, color, and /or special finish of the panels is considered subsidiary to this item and shall be approved by the Owner prior to installation. For bidding purposes, contractor can assume an ashlar rock finish to all panels. The measured area shall be from one (1) foot below finished grade to top of wall, including any coping required. The MSE retaining walls shall be in compliance with the TxDOT Specifications Item 423 and details RW(MSE). Measurement and Payment shall be made on the basis of price bid per square foot (SF) of wall face and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to construct a complete retaining wall. Retaining wall backfill areas, which are also in embankment areas, will be measured and paid for as specified in Pay Item #202 "Unclassified Compacted Earth Fill ", of the compaction method specified. Such backfill material shall meet the requirements of the retaining wall type used. 5 -25 Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS T H E• C I T Y• 0 F COFFELL PREVAILING WAGE RATES Air Tool Operator . ............................... 9.00 Asphalt Raker ..... ............................... 9.55 Asphalt Shoveler .. ............................... 8.80 Batching Plant Weigher ........................11.51 Carpenter .......... ............................... 10.30 Concrete Finisher- Paving ...................... 10.50 Concrete Finisher - Structures ................... 9.83 Concrete Rubber .. ............................... 8.84 Electrician .............. ..........................15.37 8.62 Flagger.................. ...........................7.55 10.30 Form Builder - Structures ........................ 9.82 Form Liner - Paving and Curb .................. 9.00 Form Setter - Paving and Curb .................. 9.24 Form Setter - Structures ......................... 9.09 Laborer - Common . ............................... 7.32 Laborer - Utility .... ............................... 8.94 Mechanic .......... ............................... 12.68 Oiler ............... ............................... 10.17 Servicer ............ ............................... 9.41 Painter - Structures ............................... 11.00 Pipe Layer ......... ............................... 8.98 Blaster ............. ............................... 11.50 Asphalt Distributor Operator ..................10.29 13.21 Asphalt Paving Machine ..................... 10.30 Broom or Sweeper Operator .................... 8.72 Bulldozer ........ ............................... 10.74 Concrete Curing Machine ...................... 9.25 Concrete Finishing Machine .................. 11.13 Concrete Paving Joint Machine ...............10.42 9.02 Concrete Paving Joint Sealer .................. 9.00 Truck Driver Lowboy /Float ................... 10.44 Truck Driver - Transit Mix ...................... 9.47 Truck Driver- Winch ............................ 9.00 Vibrator Operator -Hand Type .................. 7.32 Welder ............ ............................... 11.57 Concrete Paving Saw . ............................... 10.39 Concrete Paving Spreader . ..........................10.50 Slipform Machine Operator .......................... 9.92 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel ........................... 11.04 Foundation Drill Operator Crawler Mounted .....10.00 Foundation Drill Operator Truck Mounted ....... 11.83 Front End Loader ...... ............................... 9.96 Milling Machine Operator ........................... 8.62 Mixer ................... ............................... 10.30 Motor Grader Operator Fine Grade ............... 11.97 Motor Grade Operator ............................... 10.96 Pavement Marking Machine ......................... 7.32 Roller, Steel Wheel Plant -Mix Pavements ......... 9.06 Roller, Steel Wheel Other Flatwheel or Tamping.......... ............................... 8.59 Roller, Pneumatic, Self- Propelled .................. 8.48 Scraper................... ............................... 9.63 Tractor - Crawler Type ............................... 10.58 Tractor - Pneumatic ..... ............................... 9.15 Traveling Mixer ........ ............................... 8.83 Wagon - Drill, Boring Machine ..................... 12.00 Reinforcing Steel Setter Paving .................... 13.21 Reinforcing Steel Setter Structures ................ 13.31 Steel Worker- Structural ............................ 14.80 Spreader Box Operator .............................. 10.00 Work Zone Barricade .. ............................... 7.32 Truck Driver - Single Axle Light ..................... 8.965 Truck Driver - Single Axle Heavy .................... 9.02 Truck Driver -Tandem Axle Semi Trailer ......... 8.77 1 -35 Bidding Documents 02231 TREE PROTECTION AND TRIMMING 1.00 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Con- ditions and Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the protection and trimming of existing trees that interfere with, or are affected by, execution of the Work, whether temporary or permanent construction. B. Related Sections include the following: 1. Division 1 Section "Summary" for limits placed on Contractor's use of the site. 2. Division 1 Section "Temporary Facilities and Controls" for temporary tree protection. 3. Division 2 Section "Site Clearing" for removal limits of trees, shrubs, and other plantings affected by new construction. 4. Division 2 Section "Earthwork" for building and utility trench excavation, backfilling, com- pacting and grading requirements, and soil materials. 5. Division 2 Section "Tree Planting" for tree planting, tree support systems, and soil materi- als. 1.03 DEFINITIONS A. Tree Protection Zone: Area surrounding individual trees or groups of trees to remain during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. 1.04 SUBMITTALS A. Tree Pruning Schedule: Written schedule from arborist detailing scope and extent of pruning of trees to remain that interfere with or are affected by construction. B. Qualification Data: For tree service firm and arborist. C. Certification: From arborist, certifying that trees indicated to remain have been protected dur- ing construction according to recognized standards and that trees were promptly and properly treated and repaired when damaged. D. Maintenance Recommendations: From arborist, for care and protection of trees affected by construction during and after completing the Work. 1.05 QUALITY ASSURANCE A. Tree Service Firm Qualifications: An experienced tree service firm that has successfully completed tree protection and trimming work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site during execution of tree protection and trimming. B. Arborist Qualifications: An arborist certified by ISA or licensed in the jurisdiction where Pro- ject is located. Tree Protection and Trimming 02231 -1 CPL03243 C. Tree Pruning Standard: Comply with ANSI A300 (Part 1), "Tree, Shrub, and Other Woody Plant Maintenance -- Standard Practices (Pruning)." D. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." 1. Before tree protection and trimming operations begin, meet with representatives of au- thorities having jurisdiction, Owner, Landscape Architect, consultants, and other con- cerned entities to review tree protection and trimming procedures and responsibilities. 2.00 PRODUCTS 2.01 MATERIALS A. Drainage Fill: Selected crushed stone, or crushed or uncrushed gravel, washed, ASTM D 448, Size 24, with 90 to 100 percent passing a 2 -1/2 -inch (63 -mm) sieve and not more than 10 percent passing a 3/4 -inch (19 -mm) sieve. B. Topsoil: Natural or cultivated surface -soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than un- derlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 1 inch in diameter; and 100% free of weeds, roots, and toxic materials. 1. Obtain topsoil only from certified landscape materials providers, An acceptable provider is Silver Creek Materials, Inc. or approved equal - product; Premium Soil Mix. C. Filter Fabric: Manufacturer's standard, nonwoven, pervious, geotextile fabric of polypropyl- ene, nylon, or polyester fibers. D. Chain -Link Fence: Metallic- coated steel chain -link fence fabric of 0.12 -inch- (3 -mm -) diame- ter wire; a minimum of 48 inches (1200 mm) high; with 1.9 -inch- (48 -mm -) diameter line posts; 2 -3/8 -inch- (60 -mm -) diameter terminal and corner posts; 1 -5/8 -inch- (41 -mm -) diame- ter top rail; and 0.177 -inch- (4.5 -mm -) diameter bottom tension wire; with tie wires, hog ring ties, and other accessories for a complete fence system. E. Organic Mulch: Premium native shredded cedar hardwood, free of deleterious materials. 3.00 EXECUTION 3.01 PREPARATION A. Temporary Fencing: Install temporary fencing around tree protection zones to protect re- maining trees and vegetation from construction damage. Maintain temporary fence and re- move when construction is complete. 1. Install chain -link fence according to ASTM F 567 and manufacturer's written instructions. B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. C. Mulch areas inside tree protection zones and within drip line of trees to remain and other ar- eas indicated. 1. Apply 3 -inch average thickness of organic mulch. Do not place mulch within 6 inches of tree trunks. Tree Protection and Trimming 02231 -2 CPL03243 D. Do not store construction materials, debris, or excavated material inside tree protection zones. Do not permit vehicles or foot traffic within tree protection zones; prevent soil com- paction over root systems. E. Maintain tree protection zones free of weeds and trash. F. Do not allow fires within tree protection zones. 3.02 EXCAVATION A. Install shoring or other protective support systems to minimize sloping or benching of excava- tions. B. Do not excavate within tree protection zones, unless otherwise indicated. C. Where excavation for new construction is required within tree protection zones, hand clear and excavate to minimize damage to root systems. Use narrow -tine spading forks and comb soil to expose roots. 1. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redi- rection is not practical, cut roots approximately 3 inches (75 mm) back from new con- struction. 2. Do not allow exposed roots to dry out before placing permanent backfill. Provide tempo- rary earth cover or pack with premium mulch and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. D. Where utility trenches are required within tree protection zones, tunnel under or around roots by drilling, auger boring, pipe jacking, or digging by hand. 1. Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots that inter- fere with installation of utilities. Cut roots with sharp pruning instruments; do not break or chop. 3.03 REGRADING A. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist, unless otherwise indicated. 1. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main lateral roots or taproots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop. B. Minor Fill: Where existing grade is 6 inches (150 mm) or less below elevation of finish grade, fill with topsoil. Place topsoil in a single uncompacted layer and hand grade to required finish elevations. C. Moderate Fill: Where existing grade is more than 6 inches (150 mm) but less than 12 inches (300 mm) below elevation of finish grade, place drainage fill, filter fabric, and topsoil on exist- ing grade as follows: 1. Carefully place drainage fill against tree trunk approximately 2 inches (50 mm) above elevation of finish grade and extend not less than 18 inches (450 mm) from tree trunk on all sides. For balance of area within drip -line perimeter, place drainage fill up to 6 inches (150 mm) below elevation of grade. 2. Place filter fabric with edges overlapping 6 inches (150 mm) minimum. Tree Protection and Trimming 02231 -3 CPL03243 3. Place fill layer of topsoil to finish grade. Do not compact drainage fill or topsoil. Hand grade to required finish elevations. 3.04 TREE PRUNING A. Prune trees to remain to compensate for root loss caused by damaging or cutting root sys- tem. Provide subsequent maintenance during Contract period as recommended by arborist. 1. Pruning Standards: Prune trees according to ANSI A300 (Part 1). B. Cut branches with sharp pruning instruments; do not break or chop. C. Chip removed tree branches and remove from site. . 3.05 TREE REPAIR AND REPLACEMENT A. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs, and roots according to arborist's written instructions. B. Remove and replace trees indicated to remain that die or are damaged during construction operations that arborist determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced; plant and maintain as specified in Division 2 Section "Exterior Plants." 2. Provide new trees of 6 -inch (150 -mm) caliper size and of a species selected by Land- scape Architect when damaged trees more than 6 inches (150 mm) in caliper size, measured 12 inches (300 mm) above grade, are required to be replaced. Plant and maintain new trees as specified in Division 2 Section "Tree Planting." C. Aerate surface soil, compacted during construction, 10 feet (3 m) beyond drip line and no closer than 36 inches (900 mm) to tree trunk. Drill 2 -inch- (50 -mm -) diameter holes a mini- mum of 12 inches (300 mm) deep at 24 inches (600 mm) o.c. Backfill holes with an equal mix of augered soil and sand. 3.06 DISPOSAL OF WASTE MATERIALS A. Burning is not permitted. B. Disposal: Remove excess excavated material and displaced trees from Owner's property. END OF SECTION Tree Protection and Trimming 02231 -4 CPL03243 02402 CARE OF WATER DURING CONSTRUCTION 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to operate pumps, piping and other facilities to assist in the removal of surface water and ground water, and provide protection from flood waters. Build and maintain the necessary temporary impounding works, channels, and diversions. Remove the temporary works, equipment, and materials after completion in strict accordance with this section of the specifications and the applicable drawings. 1.02 QUALITY ASSURANCE 1.03 SUBMITTALS Submittals shall be in accordance with Section 4, SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES and shall include: A. Plans and procedures for handling flood flows and dewatering excavations. A separate plan shall be required for the bridge and the culverts. Modifications to these plans shall be submitted for approval by the Engineer. Approval of submittals does not relieve the Contractor of full responsibility and liability for care of water during construction. 1.04 STANDARDS [Not Used] 1.05 DELIVERY AND STORAGE [Not Used] 1.06 JOB CONDITIONS [Not Used] 1.07 OPTIONS [Not Used] 1.08 GUARANTEES [Not Used] 2.00 PRODUCTS [NOT USED] 3.00 EXECUTION 3.01 PREPARATION [Not Used] 3.02 FLOOD FLOWS AND OTHER WATER The Contractor is responsible for handling and diverting any flood flows, stream flows, or any other water, including groundwater encountered during the progress of the work. Build, maintain, and operate cofferdams, channels, flumes, sumps, and other temporary works as needed to pass floodwater or divert stream flow or pass other surface water through or around the construction site and away from construction work while it is in progress. Unless otherwise approved by the Owner, a diversion must discharge into the same natural watercourse in which its headworks are located. Construct permanent work in areas free from water. Full responsibility for the successful dewatering of the work areas rests with the Contractor. Remove protective works, after they have served their purpose, in a manner satisfactory to the Owner or his representative. 3.03 DEWATERING EXCAVATED AND OTHER FOUNDATION AREAS Care of Water During Construction 02402 -1 CPL03243 A. The Contractor is responsible for dewatering foundations for all areas during construction of the works of improvement, including areas of required backfills. Lower the water table as needed to keep work areas free of standing water or excessive muddy conditions as needed for proper performance of the construction work. Furnish, prepare, and maintain drains, sumps, casings, well points, and other equipment needed to dewater areas for required construction work. Any dewatering method that causes a loss of fines from foundation areas shall not be permitted. Keep available standby equipment to assure the proper and continuous operation of the dewatering system. Provide continuous monitoring (24 hours per day) of the dewatering system to assure continuous operation. 3.04 CLOSURE OF STREAM A. Leave an opening to pass any such floods as may occur during construction. The bottom elevation of the opening shall be as indicated or that of the natural creek channel. 3.05 FIELD QUALITY CONTROL [Not Used] 3.06 CLEAN AND ADJUST [Not Used] 3.07 SCHEDULES [Not Used] END OF SECTION Care of Water During Construction 02402 -2 CPL03243 CITY OF COPPELL PROJECT SIGN 3" E l'-6" 3" — 4 r BLUE BACKGROUND WITE IErU$ nn C�� M TY n F M co FOR WOR uj Q p CH CONJ p QC �J o ONTRACTOR'S INSPECYOR's NAME, wSPE TOR PHON E NUMBER (972) 304 BLUE LETTERS RP NAME QPROJEV NUMRER� 1 1/2*— P C e ° I ( I�, C TO D M C�0 M �1� � ° I(�I In C��© NAME N �J OO UU��V�OO �1 LL V �Il II Oo UU� I1V l.:J I1Vll��ll LL RESERVED FOR SITE C�OMPLEVON DATE - . SEASONNEA LL NOTICE OR N(I POSTiI(T) 1 1/2j ` BLUE BORDER GROUND NOTES: 1) LETTERING SHOULD BE BOLD TYPE 2) SIGN PANEL WILL BE 3/4" EXTERIOR PLYWOOD PAINTED AS SHOWN ON DETAIL 3) FRAME WILL BE 2 "X4" STOCK- REINFORCED BEHIND SIGN PANEL AT APPROX. 2' CENTERS 4) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROVIDED BY THE CITY EXAMPLE: E C OPFE L L 07 OLD C � AT 0� OPP ", �NJ HFOR CCQWQ(�, CONTRACTOR'S � wSPECYOR I oGo\ .K.: 972-304-00001) BETHEL RD PROJECT (ST 03 -01) CONTRACTOR: J000(1000IX X7IXXXX (000) 000 -0000 ���.a�^.�, COMPLETION DATE: XXXXXX 200X 0 T H E C 1 T Y - 6 F COPPELL MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: June 9, 2009 RE: Consider approval of a Resolution to close Bethel Road from Armstrong Boulevard to Penfolds Lane for a period of up to five months from the beginning of work on replacement of the Grapevine Creek bridge; providing for a penalty for road closure beyond five months; providing for a variable bonus award for bridge completion and road re- opening in less than five months; and authorizing the Mayor to sign and execute any necessary documents. The engineering department is currently preparing to go out for bids for the reconstruction of Bethel Road from Denton Tap to Penfolds Lane. This project will include the replacement of the bridge over Grapevine Creek. In order to replace this bridge, the road will need to be closed during demolition of the existing bridge, and construction of the new bridge. The design consultant for this project believes that this bridge can be reconstructed within four to five months. The anticipated cost of construction for the bridge is $718,000. We will include an incentive /disincentive within the bid documents specifically related to construction of this bridge. The contractor will have some latitude within the contract period on when the closure will take place. Once the closure begins they will have 150 days to re- establish two -way traffic across the bridge. If they are able to open the road to two -way traffic in less than 120 days, they will earn a bonus of $1,000 per day. In the event this closure takes longer than 150 days, there will be damages assessed of $1,000 per day. There will be no bonus and no penalty for completion of the bridge between 120 and 150 days. Closure of this road will cause an inconvenience to the residents and businesses along Bethel Road. We understand this, and believe that providing the incentive /disincentive structure will ensure that it is completed in a timely manner. We spent a significant amount of time considering other alternatives to this road closure, and simply found no way around it. Approval of this resolution will allow staff to move forward with the process of bidding the Bethel Road project from Denton Tap to Penfolds Lane. We expect to be before you for contract award later this year. Staff will be available to answer any questions at the council meeting. NATIONWIDE PERMIT 14 Linear Transportation Projects Effective Date: March 19, 2007 (NWP Final Notice, 72 FR 11181, para. 3) Linear Transportation Projects. Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non -tidal waters, the discharge cannot cause the loss of greater than 1/2 -acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3 -acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non - linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre- construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10 acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 27.) (Sections 10 and 404) Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). NATIONWIDE PERMIT GENERAL CONDITIONS General Conditions: The following general conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and /or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre - construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety. 15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 17. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened authorized under any NWP which "may affect' a listed or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. No activity is species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c) Non - federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been 2 satisfied and that the activity is authorized. For activities that might affect Federally - listed endangered or threatened species or designated critical habitat, the pre- construction notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. The district engineer will determine whether the proposed activity 'may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non - Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species - specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, both lethal and non - lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their worldwide Web pages at http: / /www.fws.gov/ and http : / /www.noaa.gov /fisheries.html respectively. 18. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c) Non - federal permittees must submit a pre- construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non - Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps, the non - Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre - construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO /THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 20. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one - for -one ratio will be required for all wetland losses that exceed 1/10 acre and require pre- construction notification, unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project- specific waiver of this requirement. For wetland losses of 1/10 acre or less that require pre- construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (d) For losses of streams or other open waters that require pre- construction notification, the district engineer may require compensatory mitigation, such as stream restoration, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and /or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity- specific compensatory mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing and /or complying with the mitigation plan. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right -of -way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality 4 management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing, over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 -acre. 25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with the nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit, and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 26. Compliance Certification. Each permittee who received the NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation. The certification form must be forwarded by the Corps with the NWP verification letter and will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 27. Pre - Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre- construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, as a general rule, will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) Forty -five calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that is "no effect" on listed species or "no potential to cause effects" on historic 5 properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and /or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre - Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided result in a quicker decision.); (4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, where appropriate; (5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non - Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non - Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre - Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP 48 activities requiring pre- construction notification and for other NWP activities requiring pre- construction notification to the district engineer that result in the loss of greater than 1/2 -acre of waters of the United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site - specific comments. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre- construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district 6 engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson- Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps multiple copies of pre- construction notifications to expedite agency coordination. (5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS. (e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any conditions the district engineer deems necessary. The district engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 28. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non - structural. 7 Compensatory mitigation: The restoration, establishment (creation), enhancement, or preservation of aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year- round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR Part 60). Independent utility: A test to determine what constitutes a single and complete project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre- construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open -water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or flowing water is either non - emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year -round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre - construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre- construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre- construction notification may be voluntarily submitted in cases where pre- construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re- establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural /historic functions to a former aquatic resource. Re- establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural /historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural /historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: Re- establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine - marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects waterbodies with their adjacent uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 20.) Shellfish seeding: The placement of shellfish seed and /or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete project: The term "single and complete project" is defined at 33 CFR 330.2(1) as the total project proposed or accomplished by one owner /developer or partnership or other association of owners /developers. A single and complete project must have independent utility (see definition). For linear projects, a "single and complete project" is all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and /or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a 9 predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States that, during a year with normal patterns of precipitation, has water flowing or standing above ground to the extent that an ordinary high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)). If a jurisdictional wetland is adjacent -- meaning bordering, contiguous, or neighboring - -to a jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. ADDITIONAL INFORMATION This nationwide permit is effective March 19, 2007, and expires on March 18, 2012. Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed at http: / /www.swf.usace. army. mil /pubdata /environ /regulatory /index.asp or http://www.usace.army.mil/cw/cecwo/reg 10