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Tax 2010A-CN120608
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L .bore 2012 � • lyd.,C,CS !� T"tll ra s� e11p L - ' ! f .-(1 Big rn;g Do,'trllazts Tax 2011B&2010A Street Improvements Bid FY 2012/13 TRANSMITTAL OF ADDENDUM 1 INSTRUCTIONS: 1. ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL, ON OUTER ENVELOPE OF BID. I Acknowledge the receipt of Addendum No. 1 City of CoppeIl PROJECT NAME: Tax 2011B & 2010A Street Improvements June 22,2012 Contractor's Signature Company Name JEROD ANDERSON PURCHASING DEPARTMENT (972) 304-3645 Page 1 of 7 CITY OF COPPELL•255 PARKWAY BOULEVARD•COPPELL,TEXAS 75019 ADDENDUM NO. 1 CITY OF COPPELL WILLOW SPRINGS DRIVE RECONSTRUCTION—PROJECT NO. TAX 2010A BID NO. 0612-01 June 21,2012 To: All Plan Holders of Record This addendum forms a part of the Contract Documents and modifies the Contract Documents and Specifications as noted below. Acknowledge receipt of the Addendum in the space provided on the Bid Form and on the outer envelope of the Bid Proposal. Failure to acknowledge receipt of this Addendum may subject the Bidder to disqualification. This addendum consists of 2 pages and 5 attachments. Bidders are directed to revise and/or incorporate into the bid the following items: It has come to our attention that some of the plans released from our office included missing text from several sheets in the plans. The electronic file uploaded to BidSync was also missing this information. Please disregard the following sheets in the Willow Springs Drive bid set and replace them with the attached sheets; 8, 11, 12, 13, and 21. A new electronic file has been uploaded to BidSync to include the correct sheets. End of Addendum No. 1 ��'itdF to ' 1r1;!it"?. GEORGE r ,i1ALL f . , i(e � a¢ - �fY 1 � .. 9?QR, �o 7a�■`t1 �'E 41 sae I 1� : II '8- i'== , `y �a R �^ e� i _ 1 _ §,.?c!!:S @aiS�! r _..-; - "o� -1- - -- — a' <aee/ j 4707- .1/k1,------='_"- Igc� (atr j Q, f ! • L �1 to 1tl a f . 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R �o4 4 j 1-1 !A's F 9s is a R 1+ b aZ`s �1 B RR R q 00'09+9I-00'00+41.31IdONd B NV1d ONIAVd-V OIOZ XVl S31VS T H E C 1 T Y O F comi. o x s a TABLE OF CONTENTS Page# Section 1 - Bidding Documents Notice to Bidders 1-4 Instructions to Bidders 1-6 Bid Form/Proposal/Bid Schedule 1-19 Bid Affidavit 1-38 Prevailing Wage Rates 1-40 Conflict of Interest 1-44 Section 2 - Contract Documents Standard Form of Agreement (Contract) 2-2 Certificate of Insurance 2-8 Instructions for Bonds 2-9 Performance Bond 2-10 Payment Bond 2-12 Maintenance Bond 2-14 For this project, the Standard Specifications for Public Works Construction —North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix `C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein. Section 3 - City of Coppell's Supplementary Conditions 3-1 To the NCTCOG General Provisions Section 4 - Specific Project Requirements 4-1 Section 5 - Description of Pay Items 5-1 Section 6 - Technical Specifications 6-1 Project Sign 1-2 Bidding Documents SECTION 1 BIDDING DOCUMENTS T H E G 1 T Y O F COPPELL * ";,0, A s 1-3 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the Tax 2011 and 2010 Street Improvements, Vanbebber Drive Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A. The work shall consist of the reconstruction of 1,300 LF of Vanbebber Drive, and 2,600 LF of Willow Springs Drive of road pavement, sidewalk, and utility, and all appurtenant work necessary to complete construction of the project. Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non-refundable cost of $50.00 from the City of Coppell Purchasing Agent, 255 Parkway Blvd., Coppell, Texas 75019. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Tax 2011 and 2010 Street Improvements — Project Nos. Tax 2011B and 2010A will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., Thursday, June 28, 2012, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. 0-0612-01 designated clearly on the exterior of the bid envelope. A Pre-Bid Conference has been scheduled for this project at the Coppell City Hall in the Engineering Department (255 Parkway Boulevard) at 10:00 a.m. on Thursday, June 21, 2012. The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. Each street shall be bid separately with a separate bid and time of completion for each street. Each bidder shall place both bids into the same submittal package when delivered to the City. The project will be bid per street. Depending on the bid amounts for each street. a bidder may be awarded the construction project for Vanbebber Drive, Willow Springs Drive, or both. This project will be awarded on an A+B bid format with an incentive that will vary with each of the streets based on the contracted time of completion. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract anal determine the extent of the tax exemption. 1-4 Bidding Documents Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A. It will also be necessary to maintain access to the adjacent properties at all times on both streets. The project contractor(s) shall be responsible for coordinating with the residents regarding driveway access and available street parking within the project. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the City of Coppell Purchasing Agent, 255 Parkway Blvd., Coppell, Texas 75019, for a non-refundable cost of $50.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $50.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas or JQ Infrastructure, Inc., 2105 Commerce Street, Dallas, Texas 75201. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 1-6 Bidding Documents 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. By submitting a bid, the Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from Denton Tap Road or Heartz Road (for Vanbebber Drive) and Sandy Knoll Lane or Woodhurst Drive (for Willow Springs Drive). It shall be the Contractor's responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary' adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 1-8 Bidding Documents 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to t'.e Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract and Item 1.6 of the Specific Project Requirements. 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors. Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 1-10 Bidding Documents 15. Submission of Bids. Bids will be received by the Purchasing A;zent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., Thursday, June 28, 2012, and then publicly opened and read aloud. Two identical copies of the bid encl_;sed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. 0-0612-01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of: Tax 2011 and 2010 Street Improvements, Vanbebber Drive Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Bid submission shall include Bid Form, Bid Affidavit, Bid Bond and Conflict of Interest Form. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty,per NCTCOG's Item 102.5 of the Standard Specifications for Public works will be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) calendar days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 1-12 Bidding Documents 19.4 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders. proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.7 If the contract is to be awarded,the Owner will give the Successful Bidder a Notice of Award within ninety(90) calendar days after the date of the Bid opening. 20. Incentives/Disincentives. The owner desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive/disincentive provision is established for this contract. Total Contract Time: For the Purposes of Vanbebber Drive the Daily Value is $500.00. In the event the Contractor takes less than the total calendar days bid to construct Vanbebber Drive there will be incentives assessed of$500.00 per day to a maximum of$20,000.00. A disincentive of$500.00 per calendar day shall apply to Vanbebber Drive for any work that exceeds the calendar day count as established herein. There shall be no maximum disincentive. For the Purposes of Willow Springs Drive the Daily Value is $1,000.00. In the event the Contractor takes less than the total calendar days bid to construct Willow Springs Drive there will be incentives assessed of $1,000.00 per day to a maximum of $40,000.00. A disincentive of $1,000.00 per calendar day shall apply to Willow Springs Drive for any work that exceeds the calendar day count as established herein. There shall be no maximum disincentive. 1-14 Bidding Documents 27. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms. conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 28. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Owner. 29. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 30. Maintenance Bond. The Contractor shall provide a two-year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 31. Testing Requirements. The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractor's responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items at his own expense. 32. Overtime. "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor at a rate of$54 per hour. If not paid, such cost may be deducted from partial payments." 33. Payment. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 1-16 Bidding Documents 40. Environmentally Preferable Products and Services Bidders are encouraged to offer Energy Star, GreenSeal, EcoLogo and/or EPEAT certified products. The city also encourages bidders to offer products and services that are produced or delivered with minimal use of virgin materials and maximum use of recycled materials and reduce waste, energy usage, water utilization and toxicity in the manufacture and use of products. 41. Electronic Bids The City of Coppell uses Bidsync to distribute and receive bids and proposals. 42. Questions Any Questions concerning this Invitation To Bid and Specifications should be directed to the Purchasing Department at 972-304-3643. 1-18 Bidding Documents BID FORM PROJECT IDENTIFICATION: Tax 2011 and 2010 Street Improvements Vanbebber Drive Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A The City of Coppell, Texas BID OF /e/ON Gry Ci t/iC6 S //VC DATE a- aP--rL (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) do Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q-0612-01 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda(receipt of all which is hereby acknowledged): No: Date: /jf /Z Rec'd: 1-19 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. (d) BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (e) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations,tests reports or similar information or data are or will be required by BIDDER for such purposes. (f) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect c)f said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contn«t Documents. (g) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1-20 Bidding Documents (h) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (i) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (j) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (k) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. Bidder understands that the work for each street will be completed in one phase. Additional phasing or move-ins by utility and paving contractors will require approval by the Engineer. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. . It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. 7. BIDDER will complete the Work for the following price(s): 1-21 Bidding Documents Tax 2010A-Willow Springs Drive UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Mobilization, Complete In Place, 101 1 LS rtrry TOO&SAW) Dollars and No Cents per LUMP SUM $ 50,000.00 $ 50,000.00 Project Signs, Complete In Place, 102 2 EA Fokr /-l"N (N E D Dollars and N a Cents per EACH $ 400.00 $ 800.00 Right-of-Way Preparation, Complete In Place, 103 1 LS 1itI P—x// T14 OuSFfN D Dollars and NO Cents per LUMP SUM $ 30,000.00 $ 30,000.00 Remove & Dispose Ex. Concrete Pavement, Complete In Place, 104 8483 SY NINE Dollars and F g P' Ty Cents per SQUARE YARD $ 9.50 $ 80,588.50 Remove & Dispose Ex. Concrete Driveways, Alleys & Sidewalks, Complete In Place, 105 2654 SY NIA/E Dollars and F,Fly Cents per SQUARE YARD $ 9.50 $ 25,213.00 8" Lime Treated Subgrade, Complete In Place 106 9100 SY THeEE Dollars and 77-1 rfZry—Fr ✓E Cents per SQUARE YARD $ 3.35 $ 30,485.00 Hydrated Lime (40 LBS/SY), Complete In Place, 107 182 TON N E /'Fu N p126D Dollars and N 4 Cents per TON $ 100.00 $ 18,200.00 6" Reinforced Pavement with Curb, Complete In Place, 108 8483 SY TI1 I R.Ty - F t v E Dollars and F l F Ty Cents per SQUARE YARD $ 35.50 $ 301,146.50 8" Reinforced Pavement with Curb, Complete In Place, 109 0 SY AE2P Dollars and #.,14, Cents per SQUARE YARD $ - $ 1-29 Bidding Documents UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price 8" Stamped Concrete Pavement with Integral Color, Complete In Place, 110 0 SY Z ER o Dollars and Alb Cents per SQUARE YARD $ - $ 6" Reinforced Driveway/Alley Pavement, Complete In Place, 111 257 SY TH 1 1ZTy- SE VE gI Dollars and TWGN/Ty_ Fr YE Cents per SQUARE YARD $ 37.25 $ 9,573.25 4" Concrete Sidewalk, Complete In Place, 112 2423 SY < <+t R'T/ - F °Lt IL Dollars and N O Cents per SQUARE YARD $ 34.00 $ 82,382.00 Barrier Free Ramp, Complete In Place, 113 10 EA DNE TRO(45ANO TWO N U AA260Dollars and N 0 Cents per EACH $ 1,200.00 $ 12,000.00 Variable Height Ret. Wall w/Integral Sidewalk, Complete In Place, 114 0 LF ZE2o Dollars and ND Cents per LINEAR FEET $ - $ - Concrete Sidewalk Step, Complete In Place, 115 0 EA -Z.642,_o Dollars and ND Cents per EACH $ $ -Pavement Markings, Complete In Place, 116 1 LS a NC Ti-/o li SkN.D Dollars and N 6 Cents per LUMP SUM $ 1,000.00 $ 1,000.00 Traffic Buttons, Complete In Place, 117 1 LS ri YE /F' O R6-D Dollars and Nf s Cents per LUMP SUM $ 500.00 $ 500.00 Prepare Traffic Control Plan and Implement, Complete In Place, 118 1 LS FIVE µANoRC-0 F I Fry Dollars and N 0 Cents per LUMP SUM $ 550.00 $ 550.00 Prepare and Implement Storm Water Polution Prevention Plan (SWPPP), Complete In Place, 119 1 LS Two 714-0k 3Ar47 Dollars and No Cents per LUMP SUM $ 2,000.00 $ 2,000.00 1-30 Bidding Documents UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Restore Parkways & Disturbed Areas, Complete In Place, 120 1 LS TE/J TN-01A SrFN b Dollars and N 0 Cents per LUMP SUM $ 10,000.00 $ 10,000.00 10' Curb Inlet , Complete In Place, 121 5 EA TWO TYO[t swim,ri ouNDIZED9Ailiers and f I;F Ty D o L L_A-25 NO CaltS-C+er+4s per EACH $ 2,850.00 $ 14,250.00 10' Inlet Top Reconstruction , Complete In Place, 122 5 EA ONE TN'ovS4i'D 56/07t/IFk YPO.,e0Dollars and N o Cents per EACH $ 1,700.00 $ 8,500.00 2'x2' Grate Inlet, Complete In Place, 123 1 EA o HET(1-O It 5k.JD Rf INC I L tr■Ittftaliere. and Sc-VENTy-F/VC LLRItiN per EACH aNa No cis $ 1,975.00 $ 1,975.00 18" Reinforced Concrete Pipe (CL III), Complete In Place, 124 420 LF F tc-ry-F t u c Dollars and 1•1 o Cents per LINEAR FOOT $ 55.00 $ 23,100.00 21" Reinforced Concrete Pipe (CL III), Complete In Place, 125 218 LF S r X T y Dollars and N D Cents per LINEAR FOOT $ 60.00 $ 13,080.00 24" Reinforced Concrete Pipe (CL III), Complete In Place, 126 309 LF S I X Ty -S(X Dollars and r1 a Cents per LINEAR FOOT $ 66.00 $ 20,394.00 6" PVC C-900 DR-14 Water Line, Complete In Place, 127 10 LF rt40 N- .NDR.0-n SEVEN Ty Vf Dollars and N 0 Cents per LINEAR FOOT $ 275.00 $ 2,750.00 8" PVC C-900 DR-14 Water Line, Complete In Place, 128 2840 LF co R.-Ty Dollars and N a Cents per LINEAR FOOT $ 40.00 $ 113,600.00 12" PVC C-900 DR-18 Water Line, Complete In Place, 129 20 LF D N E N(o JDRE-O S mTy-P(✓g." Dollars and fk!0 Cents per LINEAR FOOT $ 175.00 $ 3,500.00 1-31 Bidding Documents UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Water Service w/Meter Can (Short Side), Complete In Place, 130 33 EA NINE µ-ckNp(LC-VI -O R_Ty Dollars and N o Cents per EACH $ 940.00 $ 31,020.00 Water Service w/Meter Can (Long Side), Complete In Place, 131 28 EA 6 Nag Tt -ousAND ONE I*UNDR-Ld)Dollars and 14 0 Cents per EACH $ 1,100.00 $ 30,800.00 6" Gate Valve, Complete In Place, 132 3 EA E G/fi 114NOREp Ywc-n7 Dollars and g6 Cents per EACH $ 820.00 $ 2,460.00 8" Gate Valve, Complete In Place, 133 12 EA ONE11+ODU5 t.4D -VW O 1,414-NDR,Gf Dollars and N o Cents per EACH $ 1,200.00 $ 14,400.00 12" Gate Valve, Complete In Place, 134 1 EA no 0 Th 0 too P 0 N t: Hit/FRED Donors and Fl F"f1/ DDLLp12S per EACH ANT) IN o C eNTS $ 2,150.00 $ 2,150.00 Install New Fire Hydrant and Valve Assembly, Complete In Place, 135 5 EA TRfaCE T1400.Socni fou P-4ttNp pDollars and W o Cents per EACH $ 3,400.00 $ 17,000.00 Adjust Existing Valve Box to Grade, Complete In Place, 136 2 EA ONE Nu- Dollars and 14 a Cents per EA $ 100.00 $ 200.00 Abandon Existing Water Line, Complete In Place, 137 1 LS ON6 Tlko k5A/40 v tG 14kN DRED Dollars and #3 b Cents per LUMP SUM $ 1,500.00 $ 1,500.00 8" PVC SDR-35 Sanitary Sewer Pipe, Complete In Place, 138 2549 LF gc 12:r•I -( 14 t- Dollars and $DCents per LINEAR FOOT $ 41.00 $ 104,509.00 4' Sanitary Sewer Manhole (All Depths), Complete In Place, 139 7 EA Two 11+014SM4D Six kU JJDR-ED Dollars and N o Cents per EACH $ 2,600.00 $ 18,200.00 Bidding Documents Willow Springs Dr-4 UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Sanitary Sewer Service (Short Side), Complete In Place, 140 29 EA T(4 R£ A-Q.1.1D(WO T14(R'Ty Dollars and H v Cents per EACH $ 330.00 $ 9,570.00 Sanitary Sewer Service(Long Side), Complete In Place, 141 33 EA Ft ve- 1-1“ f)fLCO Dollars and is a Cents per EACH $ 500.00 $ 16,500.00 Abandon Existing Sanitary Sewer Line, Complete In Place, 142 1 LS ONE 1140k SAND MINE NuND12.0 Dollars and IN u Cents per LUMP SUM $ 1,900.00 $ 1,900.00 Remove Existing Sanitary Sewer Manhole, Complete In Place, 143 5 EA T1412X£ Nu DQ&1) TW Ty-FIVE Dollars and Tf o Cents per EACH $ 325.00 $ 1,625.00 Remove Existing Cleanout, Complete In Place, 144 4 EA F I F T y Dollars and rt b Cents per EACH $ 50.00 $ 200.00 Adjust Existing Sanitary Sewer Manhole Rim, Complete In Place, 145 1 EA Ft V E 14-1.(m0260 Dollars and f o Cents per EACH $ 500.00 $ 500.00 Trench Safety for All Utilities, Complete In Place, 146 6366 LF O u Dollars and 11/4s o Cents per LINEAR FOOT $ 1.00 $ 6,366.00 Repair/Replace/Modify Ex. Irrigation Systems, Complete In Place, 147 1 LS ThIZ,E '11-tou SpIJ D Dollars and rt o Cents per LUMP SUM $ 3,000.00 $ 3,000.00 Install Trees, Complete In Place, 148 0 EA Zia Dollars and Cents per EACH $ - $ - Install Tree Root Barrier, Complete In Place, 149 485 LF SCVe►4TE£0 Dollars and K o Cents per LINEAR FOOT $ 17.00 $ 8,245.00 1-33 Bidding Documents UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Remove and Reset Landscaping, Complete In Place, 150 1 LS 6IITE Tltvu.SR-rID Dollars and N C Cents per LUMP SUM $ 1,000.00 $ 1,000.00 Remove & Replace Existing Brick Mailbox, Complete In place, 151 5 EA .S6vEN Olt-ND P-1-0 Dollars and ND Cents per EACH $ 700.00 $ 3,500.00 Remove & Reset Mailbox, Complete In Place, 152 54 EA 014 D R-43 Dollars and N D Cents per EACH $ 100.00 $ 5,400.00 1-.34 Bidding Documents TAX 2010A-WILLOW SPRINGS DRIVE _ 101 MOBILIZATION 1 LS $50,000.00 $50,000.00 102 PROJECT SIGNS 2 EA $400.00 $800.00 103 RIGHT-OF-WAY PREPARATION 1 LS $30,000.00 $30,000.00 104 REM./DISPOSE OF EX.CONC.PAVEMENT 8483 SY $9.50 $80,588.50 105 REM./DISPOSE OF EX.CONC.DRIVEWAYS 2654 SY $9.50 $25,213.00 106 8"LIME TREATED SUBGRADE 9100 SY $3.35 $30,485.00 107 HYDRATED LIME (40#SY) 182 TN $100.00 $18,200.00 108 6"REIN.PAVEMENT WITH CURB 8483 SY $35.50 $301,146.50 109 8"REIN.PAVEMENT WITH CURB 0 SY $0.00 $0.00 110 8"STAMPED CONCRETE PAVEMENT w INT.COL 0 SY $0.00 $0.00 111 6"REIN.CONC.DRIVE/ALLEY PAVING 257 SY $37.25 $9,573.25 112 4"CONC.SIDEWALK 2423 SY $34.00 $82,382.00 113 BARRIER FREE RAMP 10 EA $1,200.00 $12,000.00 114 VARIABLE HEIGHT RET.WALL 0 LF $0.00 $0.00 115 CONC.SIDEWALK STEP 0 _ SY _ $0.00 $0.00 116 PAVEMENT MARKINGS 1 LS $1,000.00 $1,000.00 117 TRAFFIC BUTTONS 1 LS $500.00 $500.00 118 PREPARE TRAFFIC CONTROL 1 LS $550.00 $550.00 119 PREPARE IMPLEMENT SWPPP 1 LS $2,000.00 $2,000.00 120 RESTORE PARKWAYS & DISTURBED AREAS 1 LS $10,000.00 $10,000.00 121 10'CURB INLET 5 EA $2,850.00 $14,250.00 122 10'CURB INLET TOP RECONSTRUCTION 5 EA $1,700.00 $8,500.00 123 2'X2'GRATE INLET 1 EA $1,975.00 $1,975.00 124 18"RCP CLIII 420 LF $55.00 $23,100.00 125 21"RCP CLIII 218 LF $60.00 $13,080.00 126 24"RCP CLIII 309 LF $66.00 $20,394.00 127 6"PVC DR14 WATER LINE 10 LF $275.00 $2,750.00 128 8"PVC DR14 WATER LINE 2840 LF $40.00 $113,600.00 129 12"PVC DR18 WATER LINE 20 LF $175.00 $3,500.00 130 WATER SERVICE w METER CAN SHORT SIDE 33 EA $940.00 $31,020.00 131 WATER SERVICE w METER CAN LONG SIDE 28 EA $1,100.00 $30,800.00 132 6"GATE VALVE 3 EA $820.00 $2,460.00 133 8"GATE VALVE 12 EA $1,200.00 $14,400.00 134 12"GATE VALVE 1 EA $2,150.00 $2,150.00 135 NEW FIRE HYDRANT ASSEMBLY 5 EA $3,400.00 $17,000.00 136 ADJ.EX.VALVE BX.TO GRADE 2 EA $100.00 $200.00 137 ADJ.EX.WATER LINE 1 LS $1,500.00 $1,500.00 138 8"PVC DR35 SAN.SEWER PIPE 2549 LF $41.00 $104,509.00 139 4'SAN.SEWER MANHOLE(ALL DEPTHS) 7 EA $2,600.00 $18,200.00 140 SAN.SEWER SERVICE ( SHORT SIDE) 29 EA $330.00 $9,570.00 141 SAN.SEWER SERVICE ( LONG SIDE) 33 EA $500.00 $16,500.00 142 ABAN.EX.SAN.SEWER 1 LS $1,900.00 $1,900.00 143 REM.EX.SAN.SEWER MANHOLE 5 EA $325.00 $1,625.00 144 REM.EX.CLEANOUT 4 EA $50.00 $200.00 145 ADJ.EX.SAN.SEWER MANHOLE RIM 1 EA $500.00 $500.00 146 TRENCH SAFETY ALL UTILITIES 6366 LF $1.00 $6,366.00 147 REP./REPL./MODIFY EX.IRRIGATION SYSTEM 1 LS $3,000.00 $3,000.00 148 INSTALL TREES 0 EA $0.00 $0.00 149 INSTALL TREE ROOT BARRIER 485 LF $17.00 $8,245.00 150 REM.RESET LANDSCAPING 1 LS $1,000.00 $1,000.00 151 REM.REPLACE EX.BRICK MAILBOX 5 EA $700.00 $3,500.00 152 REM.RESET MAILBOX 54 EA $100.00 $5,400.00 BID SUMMARY-SECTION 2 WILLOW SPRINGS DRIVE SUBTOTAL BID ITEMS#1014152 $1,135,632.25 TOTAL TANGIBLE PERSONAL PROPERTY $0.00 BID SUMMARY TOTAL BASE BID(A2) $1,135,632.25 TOTAL TIME BID-CALENDER DAYS=1 175 1 $1,000.00 $175,000.00 BASIS FOR COMPARISON OF BIDS=A2+B2 $2,049,325.60 -1. BASIS FOR COMPARISON OF BIDS=A2+B2 I I I BID SUMMARY—SECTION 2 WILLOW SPRINGS DRIVE SUBTOTAL BID ITEMS #101 THRU#152 $ 1� 13 5, 63 2. 25 Total Tangible Personal Property: $ _ BID SUMMARY (032.25 TOTAL BASE BID (A2) $ 1 35 TOTAL TIME BID 17S CALENDAR DAYS TOTAL TIME BID (B2) (Days x $1,000.00) $ 11)6'2-000 BASIS FOR COMPARISON OF BIDS=A2+B2: $__ .09963 •2 c The bid with the lowest amount for A+B will be considered the low bid. he award of the contract amount will be on the basis of the base bid(A)only. NOTE: A TIME BID OF MORE THAN 280 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. 1. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 2. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 3. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. PROPOSAL GUARANTY ➢ A Proposal Guaranty shall be provided in accordance with Item 102.5 of the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. SUBMITTED ON r 6 - ze -/z-- Signature: RYrta O tipy ESL AJ[ 1-35 Bidding Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in these bids have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. STATE OF / "" S COUNTY OF D L (-S BEFORE ME, the undersigned authority, a Notary Public in and for the State of 73c. , on this day personally appeared ..4 )99-A/ aktbOyi who after being by me Name duly sworn,did depose and say: "I, �Y4J ,(14,40y am a duly authorized office/agent for Name ,?-/ 4 li!//L✓ 521/6S,M)VC, and have been duly authorized to execute the Name of Firm foregoing on behalf of the said i =/C L/ 7Z/. /c -v,e4 /A/c Name of Fi I hereby certify that the foregoing bids have not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s)to bid or not to bid thereon." Name and Address of Bidder: (57 __ /Sr1 ' V4-C/0000 /O a sdixit0//70l✓ Telephone: (77 ': z/ by:_ Title: A249-50017 Signature: SUBSCRIBED AND SWO 1lti'fl re me by the above named ly/cr/f�,Qc t�f/ on this the 7 I2 �����``NSAt j�/ ,/ ,riff j �' / 20 kA . UA •' c N©t ublic in and f r the St.te of/3 • 4):14.00" 4/ e/" / de/ i •'• -Argo• 1-38 Bidding Documents If BIDDER IS: An Individual By (Seal) (Individual's Name) doing business as Business address _ Phone No. A Partnership By (Seal) (Firm Name) (General Partner) Business address Phone No. A Corporation �f By $144 !/17i t i i y 5vavicGs (Co oration ame) (St. - s Incorpora 'an) By f' " Ar ( of person . �� , i - . o sign) ( i (Corporate Seal //��__ Attest �, `,'4iwiyi Se e ary Business address //i0// x5od Phone No. 9ZraP//a4•1l A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1-39 Bidding Documents min LAD E . `HI Philadelphia Indemnity Insurance Company One Bala Plaza,Suite 100 •9P"'" INSURANCE CaMPA\1IS Bala Cynwyd,PA 19004 BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, RKM Utility Services, Inc. Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of Texas, as Surety, are held an firmly bound unto City of Coppell, TX (hereinafter called the Obligee)in the full and just sum of Five Percent of the Amount Bid 0 ($ ° ) for the payment whereof in lawful money of the United States , we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the said PRINCIAL has submitted the accompanying bid for: Tax 2011 and 2010 Street Improvements—Bid No.: Q-0612-01 Vanbebber Drive Project No.Tax 201 lB and Willow Springs Drive Project No, Tax 2010A NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 28th day of June 20 12 RKM Services, Principal(Seal) PHILADELPHIA INDEMNITY INS ?RANVCE COMPANY Brett A.Tisdale Aitorney In-Fact(Seal) Atm PHILADELPHIA �.v..' INSURANCE COMPANIES 18 A Member of the 1 okio Marine Group PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: Edward G.Britt,Jr.,David G.Miclette,David T. Miclette,Barry K.McCord,Robert C.Davis,Kristi Lovett,Ashley Britt Russell,Joni Bowen,Mary Ann Garcia and Brett A.Tisdale of Bowen,Miclette&Britt Insurance Agency,LLC. Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$7,500,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 11'"day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1)Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18"`DAY OF JULY,2011. `s.O�MNITY /,, `` .GORPORAre6;..G��% 1927 m. SOQ- 4---LVPN\P' er= President =', ' p y ..... •.•• . ate,,: °' 'd Christopher J.Maguire °' 4, ��` President Philadelphia Indemnity Insurance Company,a Pennsylvania Corporation. On this 18'"day of July 2011,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notarial Saa} Kimberly A.Kessleskl,Notary Public i ____ . — Lower Marlon Twp..Montgomery County '111 My Commission Expires Dec.18,2012 �" o1' Mamber,Pennsylvania Association of Notaries I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18'"day of July 2011are true and correct and are still in full force and effect.I do further certify that Christopher J.Maguire,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this j O 4 ok day of Wn L 20 I. Cr . eller �~ Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja al: 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: One Bala Plaza, Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas: at: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 Web: http://www.tdi.state.tx.us Web: httD://www.tdi.state.tx.us Email: ConsumerProtection(a)tdi.state.tx.us Email: ConsumerProtectionc tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces of Insurance. comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA: notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condicion del documento adjunto. PREVAILING WAGE RATES GENERAL DECISION: TX20100043 03/12/2010 TX43 Date : March 12, 2010 General Decision Number : TX20100043 03/12/2010 Superseded General Decision Number: TX20080043 State : Texas Construction Types : Heavy and Highway Counties : Collin, Dallas, Denton, Ellis, Grayson, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas . HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES . Modification Number Publication Date 0 03/12/2010 SUTX2004-004 11/09/2004 Rates Fringes Air Tool Operator $ 10 . 06 0 . 00 Asphalt Distributor Operator $ 13 . 99 0 . 00 Asphalt paving machine operator$ 12 . 78 0 . 00 Asphalt Raker $ 11 . 01 0 . 00 Asphalt Shoveler $ 8 . 80 0 . 00 Hatching Plant Weigher $ 14 . 15 0 . 00 Broom or Sweeper Operator $ 9 . 88 0 . 00 Bulldozer operator $ 13 . 22 0 . 00 Carpenter $ 12 . 80 0 . 00 Concrete Finisher, Paving $ 12 . 85 0 . 00 Concrete Finisher, Structures $ 13 . 27 0 . 00 Concrete Paving Curbing Machine Operator. _ $ 12 . 00 0 . 00 Concrete Paving Finishing Machine Operator $ 13 . 63 0 . 00 Concrete Paving Joint Sealer Operator $ 12 . 50 0 . 00 Concrete Paving Saw Operator $ 13 . 56 0 . 00 Concrete Paving Spreader Operator $ 14 . 50 0 . 00 Concrete Rubber $ 10 . 61 0 . 00 140 Bidding Documents Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $ 14 . 12 0 . 00 Electrician $ 18 . 12 0 . 00 Flagger $ 8 . 43 0 . 00 Form Builder/Setter, Structures$ 11 . 63 0 . 00 Form Setter, Paving & Curb $ 11 . 83 0 . 00 Foundation Drill Operator, Crawler Mounted $ 13 . 67 0 . 00 Foundation Drill Operator, Truck Mounted $ 16 . 30 0 . 00 Front End Loader Operator $ 12 . 62 0 . 00 Laborer, common $ 9 . 18 0 . 00 Laborer, Utility $ 10 . 65 0 . 00 Mechanic $ 16 . 97 0 . 00 Milling Machine Operator, Fine Grade $ 11 . 83 0 . 00 Mixer operator $ 11 . 58 0 . 00 Motor Grader Operator, Fine Grade $ 15 . 20 0 . 00 Motor Grader Operator, Rough $ 14 . 00 0 . 00 Oiler $ 14 . 98 0 . 00 Painter, Structures $ 13 . 17 0 . 00 Pavement Marking Machine Operator $ 10 . 04 0 . 00 Pipelayer $ 11 . 04 0 . 00 Reinforcing Steel Setter, Paving $ 14 . 86 0 . 00 Reinforcing Steel Setter, Structure $ 16 . 29 0 . 00 Roller Operator, Pneumatic, Self-Propelled $ 11 . 07 0 . 00 Roller Operator, Steel Wheel, Flat Wheel/Tamping $ 10 . 92 0 . 00 Roller Operator , Steel Wheel, Plant Mix Pavement $ 11 . 28 0 . 00 Scraper Operator $ 11 . 42 0 . 00 Servicer $ 12 . 32 0 . 00 Slip Form Machine Operator $ 12 . 33 0 . 00 Spreader Box operator $ 10 . 92 0 . 00 Tractor operator, Crawler Type $ 12 . 60 0 . 00 Tractor operator, Pneumatic $ 12 . 91 0 . 00 Traveling Mixer Operator $ 12 . 03 0 . 00 Truck driver, lowboy-Float $ 14 . 93 0 . 00 Truck driver, Single Axle, Heavy $ 11 . 47 0 . 00 Truck driver, Single Axle, Light $ 10 . 91 0 . 00 1-41 Bidding Documents Truck Driver, Tandem Axle, Semi-Trailer $ 11 . 75 0 . 0.0 Truck Driver, Transit-Mix $ 12 . 08 0 . 00 Wagon Drill, Boring Machine, Post Hole Driller Operator $ 14 . 00 0 . 00 Welder $ 13 . 57 0 . 00 Work Zone Barricade Servicer $ 10 . 09 0 . 00 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) ( 1) (i i) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates . Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations 1-42 Bidding Documents Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N . H. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) . Write to : Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue, N . W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party ' s position and by any information (wage payment data, project description, area practice material, etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board ( formerly the Wage Appeals Board) . Write to: Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N . W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . END OF GENERAL DECISION 143 Bidding Documents CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE Government Code by a person doing business with the governmental entity. ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. ❑ Check this box if you are (ing an update to a previously fi u tionnaire. (The law requires that you file an updated completed questionnaire th the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. 1-44 Bidding Documents FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government officer with whom filer has affiliation o u 'ness relationship.(Complete this section only if the answer to A,B,or C is YES. This section,item 5 including subparts A,B,C&D,must be comple d for each officer with whom the filer has affiliation or other relationship.Attach additional pages to this Form CIQ as nec ssary. A.Is the local government officer named in this section receiving or likely to eceive taxable income from the filer of the questionnaire? ❑ Yes ❑ No 0 B.Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local LIovernment officer named in this section AND the taxable income is not from the local governmental entity? ❑ Yes No C.Is the filer of this questionnaire affiliated with a corporation of other business ent'that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes ❑ No D.Describe each affiliation or business relationship. 6 /719-- Signature of person doing business with the governmental entity Date 1-45 Bidding Documents SECTION 2 CONTRACT DOCUMENTS T H E C 1 T Y O F COPPELL T s Via._ p F 9 A 6' t STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE tt THIS AGREEMENT is dated as of the I day of / in the year 20(2.---- by and between the CITY OF COPPELL, TEXAS, a municip! corporation (hereinafter called OWNER) and R<M 64I I i T y (hereinafter called CONTRACTOR). 3 VIC 5, INC, OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the Tax 2011B and 2010A street improvements of Vanbebber Drive, and Willow Springs Drive. This project will include the removal of existing pavement, unclassified excavation, the construction of new pavement, the installation and/or adjustment of water/wastewater utilities, the installation and/or adjustment related drainage, and all appurtenant work as laid out and described in the construction plans. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project Nos. TAX 2011B and TAX 2010A. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Tax 2011 and 2010 Street Improvements (Vanbebber Drive and Willow Springs Drive) — Project Nos. Tax 2011B and Tax 2010A Construction of the TAX 2011 AND 2010 STREET IMPROVEMENTS VANBEBBER DRIVE PROJECT NO. TAX 20118 AND WILLOW SPRINGS DRIVE PROJECT NO. TAX 2010A Bid No. Q-0612-01 Article 2. ENGINEER. The Project has been designed by City of Coppell Engineering Department and JQ Infrastructure, Inc. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed as stated within Items 19 and 20 of the Instructions to Bidders in Section 1 of these contract documents, and the Contract 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 20 within the Instructions to Bidders in Section 1 of these contract documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current 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 $ ) 1 5, 6 3 2 • 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 ro ress of the Work measured by the schedule of values p g Y established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 2-3 Contract Documents 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or 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. 2-4 Contract Documents 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2-2 thru 2-7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: Standard Specifications for Public Works Construction— North Central Texas Council of Governments Fourth Edition. 8.6. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3-2 thru 3-10, inclusive). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the Tax 2011 and 2010 Street Improvements, Vanbebber Drive Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A for the City of Coppell. 8.8. Drawings (Construction Plans) entitled: 1) "Vanbebber Drive Street Improvements— Project No. Tax 2011B", and 2) "Willow Springs Drive Street Improvements — Project No. Tax 2010A", for the City of Coppell. 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 2-5 Contract Documents The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any 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. �/ AI This Agreement will be effective on �c-s4 l`t 20 1 I , OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell,TX 75019 . BY 1 BY i i i ' ` TITLE: C m a'A a g er / /(;/Y7.- ATTEST: _ j, , 'ii,ii ATTEST: ji/ ft.Alt"i J Address for giving notices: 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 (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 2-7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner with Certificate of Insurance, which will be executed and hound here with final documents. Please see the Standard Specifications for Public Works Constriction--North Central Texas Council of Governments Fourth Edition, Item 103.4 for insurance policies required. • Contractor's Insurance o Worker's Compensation—As set forth in the Workers Compensation Act o Commercial General Liability- $1,000,000 Accident/Occurrence o Automobiles - $500,000 Combined single limit per occurrence o Owner's Protective Liability- $600,000 per occurrence; $1,000,000 aggregate o "Umbre'la" Liability - $1,000,000 per occurrence with drop down coverage o Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate • Additional insured—The Owner shall be named as an additional insured on the Commercial General Liability (Public), Owner's Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor. Please see the Standard Specifications for Public Works Construction—North Central Texas Council of Governments Fourth Edition, Item 107.2 for indemnification requirements. 2-8 Contract Documents aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.....■"" 9/7/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IREPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Cindy Akin Texas Insurance Group PHONE IAlCo Fat): (817)268-1680 FAX (A/C,No): (817)248-3108 N 428 Harwood Road E-MAIL cind a @ti net ADDRESS: y g' INSURER(S)AFFORDING COVERAGE NAIC 8 I Bedford TX 76021 INSURER A:Travelers Lloyds Ins. Co. INSURED INSURER B:Travelers Indemnity of CT RKM Utility Services, Inc. INsuRERc:Phoenix Insurance Co. 11805 Royal Lane # 107 INSURER D:St. Paul Fire and Marine INSURER E: Dallas TX 75229 INSURERF: COVERAGES CERTIFICATE NUMBER:Master 2011 Coppell REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR I•45 _k/VD POLICY NUMBER (MM/DD/YYYYUMM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 IA CLAIMS-MADE X OCCUR C09557M439 10/1/2011 10/1/2012 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 1 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ 1 B ALL OWNED — AUTOS SCHEDULED AUTOS ( )BA9558M805 10/1/2011 10/1/2012 BODILY INJURY Per accident $ _ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ Underinsured motorist $ 1,000,000 I B X UMBRELLA LIAB X OCCUR CUP5463B754 10/1/2011' 10/01/2012 EACH OCCURRENCE $ 1,000,000 D X EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ 1,000,000 DED X RETENTIONS 10,000 9109101559 10/1/2011 10/1/2012 Umbrella Excess $ 4,000,000 1 C WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1 r 000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) UB9655M722 10/1/2011 10/1/2012 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 I A Owners Protective Policy DT PRS 5268R899 09/07/201209/07/2013 $1,000,000 PerOccurence $1,000,000 Aggregate 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Tax 2011 and 2010 Street Improvements Vanbebber Dr. Project # TAX 2011B and Willow Spring Dr. Project TX 2010A Bid -0612-01 Additional Insrued and Waivers of Subrogation applies per the endorsements attached. . CERTIFICATE HOLDER CANCELLATION 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Coppell ACCORDANCE WITH THE POLICY PROVISIONS. 225 Parkway Blvd. Coppell, TX 75019 AUTHORIZED REPRESENTATIVE Jerry Johnson/CMA -�.".."d- W n44.4 y -- ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005/01 The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III— Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to "bodily injury", the additional insured by this endorsement still is pp y y ' ry', "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" Supervisory, rence" or an offense which may result in a p ry, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance" which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the — DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—Provisions A.-H. and J.-N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured H. Additional Insured—State or Political Subdivisions B. Extension of Coverage—Damage To Premises I. Other Insurance Condition Rented To You J. Increased Supplementary Payments • Perils of fire, explosion, lightning, smoke, water • Cost of bail bonds increased to$2,500 • Limit increased to $300,000 • Loss of earnings increased to $500 per day C. Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense D. Blanket Additional Insured—Managers or Lessors L. Unintentional Omission of Premises E. Incidental Medical Malpractice M. Personal Injury—Assumed by Contract N. Blanket Additional Insured—Lessor of Leased F. Extension of Coverage—Bodily Injury Equipment G. Contractual Liability—Railroads PROVISIONS 3. This Provision A. does not apply to any per- A. BROADENED NAMED INSURED son or organization for which coverage is ex- cluded The Named Insured in Item 1. of the Declara- tions by endorsement. tions is as follows: B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU The person or organization named in Item 1. of the Declarations and any organization, 1. The last paragraph of COVERAGE A. BOD- other than a partnership, joint venture or lim- ILY INJURY AND PROPERTY DAMAGE Li- fted liability company, of which you maintain ABILITY (Section I — Coverages) is deleted ownership or in which you maintain the major—and replaced by the following: ity interest on the effective date of the policy. Exclusions c. through n. do not apply to dam- However, coverage for any such additional age to premises while rented to you, or tem- organization will cease as of the date, if any, porarily occupied by you with permission of during the policy period, that you no longer the owner, caused by: maintain ownership of, or the majority interest a. Fire; in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: c. Lightning; a. Coverage under this provision is afforded d. Smoke resulting from such fire, explosion, only until the 180th day after you acquire or lightning; or or form the organization or the end of the e. Water. policy period, whichever is earlier. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to 5. This Provision B. does not apply if coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY(Section I— a. Rupture, bursting, or operation of pres- sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Paragraph 6. of LIMITS OF INSURANCE "your products". We waive this right where you (Section III) is deleted and replaced by the have agreed to do so as part of a written contract, following: executed by you before the "bodily injury" or Subject to 5. above, the Damage To Prem- "property damage" occurs or the "personal injury" ises Rented To You Limit is the most we will or"advertising injury"offense is committed. pay under COVERAGE A. for the sum of all D. BLANKET ADDITIONAL INSURED — MANAG- damages because of "property damage" to ERS OR LESSORS OF PREMISES any one premises while rented to you, or temporarily occupied by you with permission WHO IS AN INSURED (Section II) is amended to of the owner, caused by: fire; explosion; light- include as an insured any person or organization ning; smoke resulting from such fire, explo (referred to below as "additional insured") with sion, or lightning; or water. The Damage To whom you have agreed in a written contract, exe Premises Rented To You Limit will apply to all cuted before the "bodily injury" or "property dam- "property damage" proximately caused by the age" occurs or the "personal injury" or "advertis same "occurrence", whether such damage ing injury" offense is committed, to name as an results from: fire; explosion; lightning; smoke additional insured, but only with respect to liability resulting from such fire, explosion, or light- arising out of the ownership, maintenance or use ping; or water; or any combination of any of of that part of any premises leased to you, subject these causes. to the following provisions: The Damage To Premises Rented To You 1. Limits of Insurance. The limits of insurance Limit will be the higher of: afforded to the additional insured shall be the a. $300,000; or limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- b. The amount shown on the Declarations rations, whichever are less. for Damage To Premises Rented To You 2. The insurance afforded to the additional in- Limit. sured does not apply to: 4. Paragraph a. of the definition of"insured con- a. Any(DEFINITIONS — Section V) is deleted Y "bodily injury" or "property damage" and replaced by the following: that occurs, or"personal injury" or"adver tising injury" caused by an offense which a. A contract for a lease of premises. How- is committed, after you cease to be a ten- ever, that portion of the contract for a ant in that premises; lease of premises that indemnifies any b. Any premises for which coverage is ex- person or organization for damage to cluded by endorsement; or premises while rented to you, or tempo- rarily occupied by you with permission of c. Structural alterations, new construction or the owner, caused by: fire; explosion; demolition operations performed by or on lightning; smoke resulting from such fire, behalf of such additional insured. explosion, or lightning; or water, is not an 3. The insurance afforded to the additional in- "insured contract"; sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional together with all related acts or omissions in insured, unless you have agreed in the writ- the furnishing of the services described in ten contract that this insurance must be pri- paragraph 1. above to any one person will be mary to, or non-contributory with, such "other deemed one "occurrence". insurance". 5. This Provision E. does not apply I if you are in � E. INCIDENTAL MEDICAL MALPRACTICE the business or occupation of providing any of 1. The following is added to paragraph 1. Insur the services described in paragraph 1. above. ing Agreement of COVERAGE A. — BODILY 6. The insurance provided by this Provision E. INJURY AND PROPERTY DAMAGE LIABIL- shall be excess over any valid and collectible ITY(Section I—Coverages): "other insurance" available to the insured, "Bodily injury" arising out of the rendering of, whether primary, excess, contingent or on or failure to render, the following will be any other basis, except for insurance that you deemed to be caused by an "occurrence": bought specifically to apply in excess of the Limits of Insurance shown on the Declara- a. Medical, surgical, dental, laboratory,x-ray tions of this Coverage Part. or nursing service, advice or instruction, or the related furnishing of food or bever F. EXTENSION OF COVERAGE — BODILY IN- ages; JURY b. The furnishing or dispensing of drugs or The definition of "bodily injury" (DEFINITIONS — medical, dental, or surgical supplies or Section V) is deleted and replaced by the follow- appliances; ing: c. First aid; or "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- d. "Good Samaritan services." As used in miliation, sickness or disease sustained by a per- this Provision E., "Good Samaritan ser- son, including death resulting from any of these at vices" are those medical services ren- any time. dered or provided in an emergency and for which no remuneration is demanded G. CONTRACTUAL LIABILITY—RAILROADS or received. 1. Paragraph c. of the definition of"insured con- 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- tract" (DEFINITIONS — Section V) is deleted SURED (Section II) does not apply to any and replaced by the following: registered nurse, licensed practical nurse, c. Any easement or license agreement; emergency medical technician or paramedic 2. Paragraph f.(1) of the definition of "insured employed by you, but only while performing contract" (DEFINITIONS — Section V) is de- the services described in paragraph 1. above leted. and while acting within the scope of their em- ployment by you. Any "employees" rendering H. ADDITIONAL INSURED — STATE OR POLITI- "Good Samaritan services" will be deemed to CAL SUBDIVISIONS— PERMITS be acting within the scope of their employ- WHO IS AN INSURED (Section II) is amended to ment by you. include as an insured any state or political subdi- 3. The following exclusion is added to paragraph vision, subject to the following provisions: 2. Exclusions of COVERAGE A. — BODILY 1. This insurance applies only when required to INJURY AND PROPERTY DAMAGE LIABIL- be provided by you by an ordinance, law or ITY(Section I—Coverages): building code and only with respect to opera- (This insurance does not apply to:) "Bodily in tions performed by you or on your behalf for jury" or "property damage" arising out of the which the state or political subdivision has is- willful violation of a penal statute or ordinance sued a permit. relating to the sale of pharmaceuticals com- 2. This insurance does not apply to: milled by or with the knowledge or consent of a. "Bodily injury," "property damage," "per- the insured. sonal injury" or "advertising injury" arising 4. For the purposes of determining the applica- out of operations performed for the state ble limits of insurance, any act or omission or political subdivision; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- insured under any other policy, cluded in the "products-completed opera- including any umbrella or excess tions hazard". policy. I. OTHER INSURANCE CONDITION When this insurance is excess, we A. COMMERCIAL GENERAL LIABILITY CON- will have no duty under Coverages A DITIONS (Section IV), paragraph 4. (Other or B to defend the insured against Insurance) is deleted and replaced by the fol any "suit" if any provider of "other in- surance" has a duty to defend the in- lowing: sured against that "suit". If no pro- 4. Other Insurance vider of "other insurance" defends, If valid and collectible "other insurance" is we will undertake to do so, but we will available to the insured for a loss we be entitled to the insured's rights cover under Coverages A or B of this against all those providers of "other Coverage Part, our obligations are limited insurance". as follows: When this insurance is excess over a. Primary Insurance "other insurance", we will pay only our share of the amount of the loss, if This insurance is primary except any, that exceeds the sum of: when b. below applies. If this insur- (1) The total amount that all such ance is primary, our obligations are "other insurance" would pay for not affected unless any of the "other the loss in the absence of this in- insurance" is also primary. Then, we surance; and will share with all that "other insur- ance" by the method described in c. (2) The total of all deductible and below. self insured amounts under that b. Excess Insurance "other insurance". We will share the remaining loss, if This insurance is excess over any of any,with any"other insurance"that is the "other insurance", whether pri- not described in this Excess Insur- mary, excess, contingent or on any ance provision. other basis: c. Method Of Sharing (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, If all of the "other insurance" permits or similar coverage for "your contribution by equal shares, we will work"; follow this method also. Under this approach each provider of insurance (2) That is Fire insurance for prem contributes equal amounts until it has ises rented to you or temporarily paid its applicable limit of insurance occupied by you with permission or none of the loss remains, which- of the owner; ever comes first. (3) That is insurance purchased by If any of the "other insurance" does you to cover your liability as a not permit contribution by equal tenant for "property damage" to shares, we will contribute by limits. premises rented to you or tempo Under this method, the share of each rarily occupied by you with per- provider of insurance is based on the mission of the owner; or ratio of its applicable limit of insur- (4) If the loss arises out of the main- ance to the total applicable limits of tenance or use of aircraft, insurance of all providers of insur- "autos", or watercraft to the ex- ance. tent not subject to Exclusion g. of B. The following definition is added to DEFINITIONS Section I — Coverage A— Bodily (Section V): Injury And Property Damage Li- ability; or "Other insurance": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by,through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; N. BLANKET ADDITIONAL INSURED — LESSOR and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO IS AN INSURED (Section II) is amended to penses are for defense of that party include as an insured any person or organization against a civil or alternative dispute reso- (referred to below as "additional insured") with lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged. cuted before the "bodily injury" or "property dam- 2. Paragraph 2.d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or "advertis- MENTS — COVERAGES A AND B (Section I ing injury" offense is committed, to name as an — Coverages) is deleted and replaced by the additional insured, but only with respect to their li following: ability for"bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in d. The allegations in the "suit" and the in- whole or in part, by your acts or omissions in the formation we know about the "occur- maintenance, operation or use of equipment rence" or offense are such that no conflict leased to you by such additional insured, subject appears to exist between the interests of to the following provisions: the insured and the interests of the in- demnitee; 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the 3. The third sentence of Paragraph 2 of SUP- limits which you agreed to provide in the writ- PLEMENTARY PAYMENTS — COVERAGES ten contract, or the limits shown on the Decla- A AND B (Section I — Coverages) is deleted rations,whichever are less. and replaced by the following: 2. The insurance afforded to the additional in- Notwithstanding the provisions of Paragraph sured does not apply to any "bodily injury" or 2.b.(2) of Section I — Coverage A— Bodily In- "property damage" that occurs, or "personal jury And Property Damage Liability, or the injury" or"advertising injury" caused by an of- provisions of Paragraph 2.e.(1) of Section I — fense which is committed, after the equipment Coverage B — Personal Injury, Advertising In- lease expires. jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for 3. The insurance afforded to the additional in "bodily injury" and "property damage", or sured is excess over any valid and collectible damages for"personal injury", and will not re- "other insurance" available to such additional duce the limits of insurance. insured, unless you have agreed in the writ- ten contract that this insurance must be pri- 4. This provision M. does not apply if coverage mary to, or non-contributory with, such "other for "personal injury" liability is excluded by insurance". endorsement. Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 TRAVELERS J� WORKERS COMPENSATION AND HARTFORD,FOR TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06193 ENDORSEMENT WC 42 03 04(A) — 001 POLICY NUMBER: (DTNUB-9655M72-2-11) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. [3 Specific Waiver Name of person or organization © Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS. 3. Premium: The premium charge for this endorsement shall be TWO percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe. 4. Advance Premium: S DATE OF ISSUE: 10-18-11 ST ASSIGN: Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—Thls endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMiT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO - LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "Insured" for Liability Cover- age. but only for damages to which this Insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganlzation qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganizatlon or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee° of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto° hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 02009 The Travelers Companies,inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. In B.5., United States of America applies to and pro- Other Insurance, of SECTION IV — BUSI- hibits the transaction of business with or NESS AUTO CONDITIONS: within such country or jurisdiction, for Liability b. For Hired Auto Physical Damage Cover- Coverage for any covered "auto" that you age, the following are deemed to be coy- lease, hire, rent or borrow without a driver for ered"autos"you own: a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from (1) Any covered "auto" you lease, hire, any of your "employees", partners (if you are rent or borrow; and a partnership), members (if you are a limited (2) Any covered"auto"hired or rented by liability company) or members of their house- your "employee" under a contract in holds. that individual "employee's" name, (1) With respect to any claim made or "suit" with your permission, while perform- brought outside the United States of Ing duties related to the conduct of America, the territories and possessions your business. of the United States of America, Puerto However, any"auto" that Is leased, hired, Rico and Canada: rented or borrowed with a driver is not a (a) You must arrange to defend the covered"auto". "insured" against, and investigate D. EMPLOYEES AS INSURED or settle any such claim or "suit" The following is added to Paragraph A.1., Who Is and keep us advised of all pro An Insured, of SECTION II — LIABILITY COV- ceedings and actions. ERAGE: (b) Neither you nor any other in- Any"employee"of yours is an "insured"while us- Ing "Insured" will make any Ing a covered"auto°you don't own, hire or borrow settlement without our consent. In your business or your personal affairs. (c) We may, at our discretion, par- E. SUPPLEMENTARY PAYMENTS — INCREASED ticipate in defending the "Insured" against, or In the settlement of, LIMITS any claim or"suit". 1. The following replaces Paragraph A.2.a.(2), (d) We will reimburse the°insured": of SECTION II—LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in (I) For sums that the "insured" legally must pay as damages cluding bonds for related traffic law viola- because of "bodily injury" or (Ions) required because of an "accident" "property damage" to which we cover. We do not have to furnish this insurance applies, that these bonds. the "insured" pays with our 2. The following replaces Paragraph A.2.a.(4), consent, but only up to the of SECTION II—LIABILITY COVERAGE: limit described in Paragraph C., Limit Of Insurance, of (4) All reasonable expenses Incurred by the SECTION II — LIABILITY "insured" at our request, Including actual COVERAGE; loss of earnings up to $500 a day be- cause of time off from work. (ii) For the reasonable expenses incurred with our consent for F. HIRED AUTO — LIMITED WORLDWIDE COV- your investigation of such ERAGE—INDEMNITY BASIS claims and your defense of The following replaces Subparagraph a. In Para- the "Insured" against any graph B.7., Policy Term, Coverage Territory,of such"suit", but only up to and SECTION IV—BUSINESS AUTO CONDITIONS: included within the limit de- e. Anywhere in the world, except any country or scribed In Paragraph C., Limit jurisdiction while any trade sanction, em- Of Insurance, of SECTION II bargo, or similar regulation Imposed by the — LIABILITY COVERAGE, Page 2 of 4 ©2009 The Travelers Companies,Inc. CA T3 53 06 09 includes the copyrighted material of Insurance Services Office,inc.with its permission. COMMERCIAL AUTO and not in addition to such I. PHYSICAL DAMAGE — TRANSPORTATION limit. Our duty to make such EXPENSES—INCREASED LIMIT payments ends when we The following replaces the first sentence in Para- have used up the applicable graph A.4.a., Transportation Expenses, of SEC- . limit of insurance In payments TiON III—PHYSICAL DAMAGE COVERAGE: for damages, settlements or defense expenses. We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In- (2) This insurance is excess over any valid cuffed by you because of the total theft of a cov- and collectible other Insurance available ered "auto"of the private passenger type. to the "Insured" whether primary, excess PERSONAL EFFECTS J.contingent or on any other basis. (3) This insurance Is not a substitute for re- The following is added to Paragraph A,4., Cover- quired or compulsory insurance in any age Extensions, of SECTION III — PHYSICAL country outside the United States, its ter- DAMAGE COVERAGE: Modes and possessions, Puerto Rico and Personal Effects Canada. We will pay up to $400 for loss" to wearing ap- You agree to maintain all required or pares and other personal effects which are: compulsory insurance In any such coun- (1) Owned by an"insured';and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with compulsory Insurance requirements will Thls coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered"auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (4) It Is understood that we are not an admit- slons, of SECTION III — PHYSICAL DAMAGE ted or authorized Insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss° to one or and possessions, Puerto Rico and Can- more airbags In a covered "auto"you own that In- ada.We assume no responsibility for the hate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1,c., but for compliance In any way with the laws of other countries relating to insurance. only: a. If that "auto" is a covered "auto" for Compre- G. WAIVER OF DEDUCTIBLE—GLASS hensive Coverage under this policy; The following is added to Paragraph D., Deductl- b. The airbags are not covered under. any war- ble, of SECTION III — PHYSICAL DAMAGE ranty; and COVERAGE: c. The airbags were not intentionally inflated. No deductible for a covered "auto" will apply to We will pay up to a maximum of $1,000 for any glass damage If the glass Is repaired rather than one"loss". replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS USE—INCREASED'LIMIT The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of SECTION IV—BUSINESS AUTO CONDITIONS: graph A.4.b., Loss Of Use Expenses, of SEC- TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- However, the most we will pay for any expenses piles only when the "accident" or "loss" is known for loss of use is $65 per day, to a maximum of to: $750 for any one"accident". (a) You (if you are an Individual); CA T3 53 06 09 a 2009 The Travelers Companies,Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Once,inc.with Its permisstcn. COMMERCIAL AUTO (b) A partner(if you are a partnership); tent required of you by a written contract (c) A member (if you are a limited liability corn- signed and executed prior to any "accident" parry); or"loss", provided that the"accident"or"loss" arises out of operations contemplated by (d) An executive officer, director or insurance such contract. The waiver applies only to the manager(if you are a corporation or other or- person or organization designated in such ganization);or contract. (e) Any"employee"authorized by you to give no- N. UNINTENTIONAL ERRORS OR OMISSIONS lice of the"accident"or"loss". M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of The following replaces Paragraph A.5., Transfer SECTION IV—BUSINESS AUTO CONDITIONS: Of Rights Of Recovery Against Others To Us, The unintentional omission of, or unintentional of SECTION IV — BUSINESS AUTO CONDI- error in, any Information given by you shall not TIONS: prejudice your rights under this insurance. How- 5. Transfer Of Rights Of Recovery Against ever this provision does not affect our right to col- Others To Us lect additional premium or exercise our right of We waive any right of recovery we may have cancellation or non-renewal. against any person or organization to the ex- Page 4 of 4 02009 The Travelers Companies,Inc. CA 73 53 06 09 includes the copyrighted material of Insurance Services Office,inc.with Its permission. Instructions For Bonds A. The surety on each bond must be a responsible surety company that is qualified to do business in Texas and satisfactory to the Owner. B. The name and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2-9 Contract Documents PERFORMANCE BOND STATE OF TEXAS } Bond No.:PB00317400008 COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That RKM Utility Services, Inc. whose address is 1805 Royal Lane Suite 107,Dallas,TX 75229 hereinafter called Principal, and Philadelphia Indemnity Insurance Company , a corporation organized and existing under the laws of the State of Pennsylvania , 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 One Million One Hundred Thirty-Five Thousand Six Hundred Thirty-Two and 25/100 DOLLARS (5 1,135,632.25 ) 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 Pripcipal entered into a certain Contract with the City of CoppeIl, the Beneficiary, dated the I `f C'- of , A.D. 20 lZ , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Tax 2011 and 2010 Street Improvements Vanbebber Drive Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A Bid No. Q-0612-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1)year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary 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 3 copies, each one of which shall be deemed an original,this I ii-v- day of , 20 1 z--,--- . PRINCIPAL SURETY RKM Utilit ervices,Inc. Philadelphia Indemnity Insurance Company By: --'---'11 ' By: Title: MeL5/(E9�;,3/ Title: Brett A.Tisdale,Attorney-in-Fact T ST: c jeedeen ATTEST:+� r API. : -wen,Witnes Resident Agent of the Surety in Dallas or Denton County,Texas, for del' .f notice and service of the process is: NAME: Mike Hill-Baldwin-Cox ADDRESS: 5930 Preston View Blvd,Ste.200,Dallas,Texas 75240 NOTE.. Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2-1I Contract Documents PAYMENT BOND STATE OF TEXAS } Bond No.:PB00317400008 COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That RKM Utility Services,Inc. whose address is 1805 Royal Lane Suite 107,Dallas,TX 75229 hereinafter called Principal, and Philadelphia Indemnity Insurance Company , a corporation organized and existing under the laws of the State of Pennsylvania , 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 One Million One Hundred Thirty-Five Thousand Six Hundred Thirty-Two and 25/100 DOLLARS ($ 1,135,632.25 ) 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 Pi' ipal entered into a certain Contract with the City of Coppell, dated the 1 of , A.D. 20 , which is made a part hereof by reference, for the construction of rtain public improvements that are generally described as follows: Construction of the: Tax 2011 and 2010 Street Improvements Vanbebber Drive Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A Bid No. Q-0612-01 NOW, THEREFORE, if the Principal shall well,truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings,etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such 2-12 Contract Documents change, extension of time, alteration or addition to the terms of the Contract, or to the Work to he 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 3 copies, each one of which shall be deemed an original,this ) 1-1-t day of akG , 20 PRINCIPAL SURETY RKM Utility Services,Inc. Philadelphia Indemnity Insurance Company By: ._ - By: i Title: Title: Brett A.Tisdale,Attorney-in-Fact ATT ST: ATTEST: Joni Bo•en,Witness The Resident Agent of the Surety in Dallas or Dento • nty, Texas, for delivery of notice and service of the process is: NAME: Mike Hill-Baldwin-Cox ADDRESS: 5930 Preston View Blvd,Ste.200,Dallas,Texas 75240 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. • 2-13 Contract Documents MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } Bond No.: PB00317400008 KNOW ALL MEN BY THESE PRESENTS: THAT RKM Utility Services, Inc. as Principal, and Philadelphia Indemnity Insurance Company, a corporation organized under the laws of Pennsylvania , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell , a Municipal Corporation, Texas, the sum of Five Hundred Sixty-Seven Thousand Eight Hundred Sixteen Dollars and Thirteen Cents ($ 567,816.13 ), 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 Principal has this day entered into a written contract with the said obligee to build and construct Tax 2011 and 2010 Street Improvements, Vanbebber Drive Project No. Tax 2011B and Willow Springs Drive Project No. Tax 2010A, Bid No. Q-0612-01, which contract and the plans and specifications therein mentioned, adopted by the City of Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and 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 41 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 Obligee 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, and 2-14 Contract Documents the same shall not be changed,diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Principal has caused these presents to be executed by and the said Surety has caused these presents to be executed by its Attorney in fact and tie said Attorney in fact Brett A.Tisdale , has hereunto set his hand, the (L� day of Ct u_�p,�,r,,A'" , 20 11-. PRINCIPAL SURETY }r' RKM Utility Services, Inc. Philadelphia Indemnity Insurance Company By. f.0 _t / . By: """— Title: 404,WK Title: Brett A.Tisdale,Attorney-in-Fact WIT ' SS: ATTEST: Joni Bow.-n, V fitness NOTE: Date of Maintenance Bond must not be prior to date of Co • t. i li j! 2-15 Contract Documents °It PHILADELPHIA a INSURANCE COMPANIES 50 A Member td the 1 Ohio Marine Group PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: Edward G.Britt,Jr.,David G.Miclette,David T. Miclette,Barry K.McCord,Robert C.Davis,Kristi Lovett,Ashley Britt Russell,Joni Bowen,Mary Ann Garcia and Brett A.Tisdale of Bowen,Miclette&Britt Insurance Agency,LLC. Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$7,500,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 11th day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1)Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY,2011. ,,,,,,,,,,,,,,, • Q-..GORPORATFS . ' Fq�; y / 927 • m. ,o1_ %�j' FNNSY�vPNP' 0`).F: President .... ay' * }�.,, Christopher J.Maguire ,,,,,,,,,,,,,,, `,, President Philadelphia Indemnity Insurance Company,a Pennsylvania Corporation. On this 18TH day of July 2011,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notarial Seat Kimberly A.Kessleskl,Notary Public AM --- Lower Merlon Twp.,Montgomery County , Irk My Commission Expires Dec.18,2012 of PG(i Member,Pennaytvanla Association of Notariea I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 2011are true and correct and are still in full force and effect.I do further certify that Christopher J.Maguire,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20_ ? r'✓ le'' _ Cr eller Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja al: 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: One Bala Plaza, Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas: at: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us Email: ConsumerProtection(a�tdi.state.tx.us Email: ConsumerProtection(ntdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces of Insurance. comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA: notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condicion del documento adjunto. SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E C 1 T Y O F COPPELL A S 1 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, JQ Infrastructure, Inc., 2105 Commerce Street, Dallas, Texas 75204, for Vanbebber Drive and City of Coppell Engineering Department, 255 Parkway Blvd, Coppell, Texas 75019, for Willow Springs Drive. 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 he $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 JQ Infrastructure, 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. "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 3-3 Standard Specifications Supplementary Conditions 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work." ITEM 104.2 -CHANGE OR MODIFICATION OF CONTRACT SC-104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 105.1 —CONTRACT DOCUMENTS SC-105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." SC-105.1.3 Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies". Add the following to the end of Item 105.1.3: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor is responsible for obtaining a copy of these standards prior to beginning construction. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." ITEM 105.2 -WORKMANSHIP, WARRANTIES AND GUARANTEES SC-105.2.2 Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years". ITEM 105.4—CONSTRUCTION STAKES SC-105.4 3-4 Standard Specifications Supplementary Conditions 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, nm,r shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor." ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES SC-107.14 Delete Item 107.14 and substitute the following in lieu thereof: "107.14 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, 3-5 Standard Specifications Supplementary Conditions lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project." ITEM 107.19 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-107.19.2.1 Add the following new Item 107.19.2.1 immediately after Item 107.19.2: "107.19.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work by any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." 3-6 Standard Specifications Supplementary Conditions ITEM 107.23—EXISTING STRUCTURES, FACILITIES AND APPURTENANCES SC-107.23.2a Add the following new Item 107.23.2a immediately after Item 107.23.2: "107.23.2a Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract." ITEM 108.1 —PROGRESS SCHEDULE SC-108.1 Amend the first ser once of Item 108.1 by adding the following at the beginning of the sentence: If requested by Owner, Lngineer or Contractor". ITEM 108.3 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 108.8; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 108.3: The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to 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." 3-7 Standard Specifications Supplementary Conditions 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 cannot 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 303.5.4.2 Expansion Joints: Replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. 3-8 Standard Specifications Supplementary Conditions 303.5.4.2.3 Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 303.5.4.3 Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to T/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." 303.5.6 Finishing. 303.5.6.1 Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." 303.5.6.2 Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." I)IVISION 500: UNDERGROUND CONSTRUCTION AND APPURTENANCES ITEM 504.—OPEN CUT -BACKFILL: 504.2.3.3.3 Additional Requirements (2) Additional Requirements for Type "B" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 504.5 - EMBEDMENT: 504.5.3.2 Compaction. 504.5.3.2.1 Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3-9 Standard Specifications Supplementary Conditions DIVISION 800: MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 803—SLOPE AND CHANNEL PROTECTION: 803.3.3 Riprap Construction Methods 803.3.3.6 Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83." 3-10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E • C 1 T Y O F COPPELL X A S t 8 SPECIFIC PROJECT REQUIREMENTS The construction specifications, which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition. The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings (Construction Plans) and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TX.DOT Texas Department of Transportation C.D.G.S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas T.M.U.T.C.D. Texas Manual on Uniform Traffic Control Devices 4-2 Specific Project Requirements 1.1 OWNER: The "OWNER" or "City" as referred to in these Specs_ications is the City of Coppell,255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.2a CONSULTING ENGINEER: Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, JQ Infrastructure, Inc., 2105 Commerce Street, Dallas, TX 75201. 1.3 STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as wit;in the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: This work shall consist of the Tax 2011B and 2010A Street Improvements of Vanbebber Drive and Willow Springs Drive. This project will include the removal of existing pavement, unclassified excavation, the construction of new pavement, the installation of related drainage, water and sanitary sewer improvements and all appurtenant work as laid out and described in the construction plans. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project Nos. TAX 2011B and 2010A. 1.6 EXPLANATION OF CONTRACT TIME: In the event the Contractor completes the contract prior to the expiration of the Original Contract Time, the Owner will pay the Contractor an incentive payment of the Daily Value amount specified in Item 19 of the Instructions to Bidders in the Contract Documents for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions set forth below. The term "Original Contract Time" as used herein will mean the number of calendar days established by the Contractor for completion of the work of the Contract on the date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the incentive payment stated above, the Original Contract Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the 4-3 Specific Project Requirements instance of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed. disruptions, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, weather, weekends, holidays, or other such events, forces or factors sometimes experienced in roadway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the incentive payment set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event the project is altered by work deleted, change orders, supplemental agreements, utility conflicts, design changes or defects, extra work, right of way issues, or other situations which are not the fault of or a direct result of contractor negligence which may impact the critical path of the project construction schedule, the Owner may choose to negotiate the extension or reduction of the Original Contract Time with the Contractor. In the event of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the Owner shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time, will be used in calculation of any incentive payment. In the event the Contractor and Owner are unable to agree to the number of calendar days to extend the Original Contract Time, the Owner shall unilaterally deter►nine the number of calendar days to extend the Original contract lime reasonably and necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the Owner were arbitrary or without any reasonable basis. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Provision. As conditions precedent to the Contractor's entitlement to any incentive the Contractor must: 1. Actually complete all Contract requirements, including the completion of all punch list work. and obtain final acceptance by the Owner prior to expiration of the Original Contract Time. 2. The Contractor shall notify the Owner in writing, within 30 days after the final acceptance of the Contract by the Owner, that the Contractor elects to be paid the incentive payment which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgement of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the Owner, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, 4-4 Specific Project Requirements the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgement of satisfaction shall be all-inclusive and absolute, save and except any routine Owner final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the Owner prior to expiration of the Original Contract Time, or should the contractor, having timely completed the Contract and obtained final acceptance by the Owner prior to expiration of the Original Contract Time, but having failed to tii,iely request the incentive payment for any reason, and including but not limited to the Contractor choosing not to fully waive, release and acknowledge satisfaction as set forth in (2) above, the Contractor shall have no right to any payment whatsoever under this Article. Notwithstanding the Contractor's election or non-election of the incentive under this provision, the disincentive provision applies to all circumstances where the work in the Contract is not finally accepted by the Original Contract Time. Should the Contractor fail to complete the Contract on or before the expiration of the Original Contract Time, as adjusted in accordance with the provisions above, the Owner shall deduct from the moneys due the Contractor the Daily Value specified in the Contract Documents for each calendar day completion exceeds the Original Contract Time. This deduction shall be the disincentive for the Contractor's failing to timely complete the Contract. This shall be strictly enforced. In the event the Contractor elects to exercise this incentive payment provision, should this provision conflict with any other provision of the Contract; the Contract shall be interpreted in accordance with this provision. Any reference to "Substantially Complete" shall be interpreted to be complete with the Contract with no work remaining on the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent utilities. 4-5 Specific Project Requirements 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared for this project. The City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction utilizing qualified survey personnel. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or re- inspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the Owner does not alleviate the contractors' responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees that obstruct the installation of the improvements as outlined for this project in these Contract Documents. The penalty for the removal or destruction of a tree without obtaining written permission from the Engineer shall be $500.00 per caliper inch payable to the Owner. If damage is occurring or is likely to continue, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 4-6 Specific Project Requirements 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devil s and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under pay item to Furnish, Install and Maintain Traffic Control Devices. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travH through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of- way o: public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. In preparing the traffic control plan, the contractor shall take into account that the project will be constructed in multiple phases. The contractor shall be responsible for placing notices on private residences prior to the beginning of each phase that shows revised traffic patterns. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been fully and finally accepted by the Owner. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and 4-7 Specific Project Requirements replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental to pay item I-48 — Traffic Control. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site,the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of his operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction directly with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project, and/or when requested to do so by the Owner. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance 4-8 Specific Project Requirements acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean,polished and new-appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction of the various improvements shall be removed from the property by the Contractor. Any required burning and/or disposal permits shall be the sole responsibility of the Contractor. All excavated materials in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner by the Contractor. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as acquired at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4-9 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information that is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4. Conformance with specifications. 4-10 Specific Project Requirements C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with Engineer's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the contractor requires, plus two that will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier c. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on re-submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a registered engineer on all structural submittals. D. REVIEW: 1. Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 2. Satisfactory shop drawings will be so designated and all sets, except four(4), returned to the Contractor. Rejected shop drawings will be so designated 4-11 Specific Project Requirements and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes that have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for re-submittal, or acceptance of submittal. C. Return submittals to Contractor for distribution, or for resubmission. 4-12 Specific Project Requirements SECTION 5 DESCRIPTION OF PAY ITEMS T H E C I T Y O F comLL * „. c — •.`, ” 9 X A s 18 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 C ontract 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 establish grade, (d) maintenance of streets during construction. (e) sprinkling for dust control, (0 project trailer if needed, and/or(g) any other incidentals necessary to complete the work whether directly called out within the plans or implied. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition, unless modified by these special provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord. #2006-1129), and Appendix "C" Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 2.1. Pay Item #101 —Mobilization: This pay item shall include the mobilization and demobilization for the construction of the project. Mobilization will be paid for separately for each street. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Mobilization shall be defined as all necessary equipment, supplies, materials, and personnel on the job site ready to begin construction. Note: The total amount bid for Mobilization & Demobilization shall not exceed five percent (5%) of the Base Bid amount exclusive of this pay item (adjusted contract amount), for each street. Measurement and payment shall be as follows: Ten percent (10%) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount completed. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount 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, 5.2 Description of Pay Items will be paid on the next monthly estimate following the 90% payment. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.2. Pay Item #102 —Project Signs: This pay item shall consist of the installation of project signage in the following locations: the east and west ends of construction on Vanbebber Drive, the northeast and southwest ends of Willow Springs Drive. Each sign shall be constructed in accordance with the details found in Section 6 of the Specifications. The City will furnish the City logo for the sign. Measurement and payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.3. Pay Item #103—Right-of-Way Preparation: This work includes the clearing and grubbing and removal and trimming of vegetation in all areas within the lroject limits requiring such work, including work within the right-of-way and any adjacent property that is necessary to complete the work as shown on the plans, or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 203.1, 203.2 & 203.3. All vegetation within the paving limits shall be removed. Any tree labeled for removal in the plans shall be confirmed with the Engineer prior to removal. Tree removal shall include all pruning, felling, stump removal, mulching of leaves and limbs necessary to safely remove any tree approved for removal. Once work has commenced on the removal of a tree approved for removal, it shall not cease until the remnants of the tree are completely mulched and lawfully removed from the project site. All debris and mulch from the removal of trees shall be disposed of in a legal mariner. This item shall also include the protection of any trees, shrubs, fences, structures, signs or other items that are to be preserved and/or relocated as shown on the plans. All trees designated to be preserved shall be protected by fencing to the limits of the canopy and no parking, driving or moving of equipment in this area will be permitted. If pruning of protected trees is required, they shall be trimmed as directed by the Engineer and any cuts of two inches or more in diameter shall be treated as directed by the Engineer. Disposal of said material will be at the Contractor's sole expense. Any existing landscape improvements, including landscape beds and landscape timbers, shall be removed if deemed necessary for the construction of the improvements shown within the plans. Any removal of existing landscape improvements shall be coordinated with the Engineer and homeowner. Removal of landscape improvements shall be considered subsidiary to this pay item. This work shall also include: (a) The removal of existing pavement markings and traffic buttons; (b) The removal of all existing drainage pipe, culverts ranging in size between 18" RCP to 24" RCP, inlets and other related drainage structures and/or appurtenances shown for removal; 5-3 Description of Pay Items (c) Any grading activities (excavation or fill) deemed necessary to prepare the proposed grades of the subgrade prior to lime and pavement; and (d) The removal and/or replacement of any existing regulatory, school or informational signs These items of work will not be paid for directly but shall be considered subsidiary to this pay item. Any item indicated in the plans to be removed (directly called out or implied) for which there is no specific pay item shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to general site preparation, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.4. Pay Item #104—Remove and Dispose Existing Concrete Pavement: This work includes the removal and disposal of existing concrete pavement at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. Any existing improvements beyond these limits, which are damaged or destroyed by the construction shall be removed and replaced at the Contractor's expense. Concrete to be removed shall be sawed full-depth through the existing reinforcement along even straight lines as shown on the plans or as established by the Engineer, in accordance with NCTCOG Item 402.3. Once concrete improvements are removed, exposed surfaces shall be roughened to allow adequate bonding of new concrete. Epoxy grout #4x24" dowel bars into end of existing concrete. This operation shall be inspected and approved by the Engineer prior to placement of new concrete. The thickness of the existing concrete is unknown. The removal of concrete curb that is integral to any concrete pavement, which is to be removed as part of this work, shall not be paid for directly but shall be considered subsidiary to this pay item. Any concrete removal, as well as any temporary pavement, required for the installation or adjustment of existing utilities shall be subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the removal of concrete pavement, as provided herein, shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. This item shall be measured by Contractor and by Owner's representative prior to removal. 2.5. Pay Item #105 — Remove and D,.pose Existing Concrete Driveways, Alleys, and Sidewalks: This work includes the removal and disposal of existing concrete driveways, alleys, sidewalks and steps, at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. Any existing improvements beyond these limits, which are damaged or destroyed by the construction shall be removed and replaced at the Contractor's expense. Concrete to be removed shall be sawed full-depth through the existing reinforcement along even straight lines as shown on the plans or as 5-4 Description of Pay Items established by the Engineer, in accordance with NCTCOG Item 402.3. Once concrete improvements are removed, exposed surfaces shall be roughened to allow adequate bonding of new concrete. Epoxy grout #3x24" dowel bars into end of existing concrete. This operation shall be inspected and approved by the Engineer prior to placement of new concrete. The thickness of the existing concrete is unknown. NOTE: The removal of concrete curb that is integral to any concrete driveway or alley, which is to be removed as part of this project, shall not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the removal of concrete driveways and sidewalks, as provided herein, shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. This item shall be measured by CONTRACTOR and by OWNER's representative prior to removal. 2.6. Pay Item #106—8" Lime Treated Subgrade: This work includes treatment of the top 8" of subgrade by pulverization, addition of lime, mixing and compacting, and remixing and recompacting the top 6" of the mixed material to the required density. Subgrade shall be constructed to the lines and grades as required by the construction plans, in accordance with the appropriate details and specifications. Lime treatment shall be provided under all proposed concrete pavement, median pavement, curbs, alley pavement, and new driveway pavement as indicated on the plans, unless noted otherwise or approved otherwise by the Engineer, and shall extend to a point at least one-foot behind the back of curb. After subgrade treatment and shaping is complete, CONTRACTOR shall maintain the proper moisture content ii1 the subgrade to prevent drying and cracking, until covered by paving material Measurement and payment for work performed and materials furnished related to lime subgrade treatment, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 301.2.4, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.7. Pay Item #107—Hydrated Lime (40 LB/SY): This work includes the furnishing of the hydrated lime material to be used for lime subgrade treatment, in accordance with the appropriate specifications. All lime shall be placed in a slurry form. Lime to be used for this project shall be placed at a rate of 40 lbs. per square yard, unless approved otherwise by the Engineer. Measurement and payment for work performed and materials furnished related to lime material for subgrade treatment, as provided herein, shall be made on the basis of the price bid per ton (TON)in accordance with NCTCOG Item 301.2.4, and shall be total compensation for 5-5 Description of Pay Items furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.8. Pay Item #108 —6" Reinforced Concrete Pavement with 6" Integral Curb Pay Item #109—8" Reinforced Concrete Pavement with 6" Integral Curb: This work includes the construction of the specified thickness of reinforced concrete pavement (including integral curb, where indicated) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for this project shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. Curbs are subsidiary to this pay item, therefore, no separate payment will be made for curb. Any street headers shall be constructed subsidiary to this pay item. The concrete shall be doweled into the existing pavement and reinforced in accordance with the City of Coppell Standard Construction Details. The concrete pavement shall be reinforced with a minimum of No. 4 bars placed on chairs on 18-inch centers in each direction. The cost for furnishing and placing reinforcement is subsidiary to the price bid. The Contractor shall vibrate all concrete during the pour by a method approved by the Engineer. The Contractor is responsible for making sample concrete cylinders at a cycle determined by the Engineer for testing purposes. No sand level up course will be allowed under any paving. The paving shall be a baker broom finish and shall be cured with a highway white curing compound applied per the manufacturer's recommendations. At locations indicated on the plans, lay down curbs shall be constructed and shall be considered subsidiary to this pay item. The lay down curb shall consist of a 10' taper from a 6" curb to no curb. 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 that 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. 2.9. Pay Item #110—8" Stamped Concrete Pavement with Integral Color: This work includes construction of stamped concrete with integral color at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 305.2. All concrete used for construction shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic 5-6 Description of Pay Items yard and minimum compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. The concrete pavement shall be reinforced with a minimum of No. 4 bars placed on chairs on 18-inch centers in each direction. 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. Colors shall be Red Clay — Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only he considered after review of specification and a test section that demonstrates the ability to match color and pattern. All joints shall match the colors used in the colored pavement. Measurement and payment for stamped concrete pavement work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2.4, Laind shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.10. Pay Item #111 —6" Reinforced Concrete Driveway/Alley Pavement: This work includes construction of concrete driveways and alleys at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 305.2. All concrete used for driveway & alley construction shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimum compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. The 6" monolithic curb is included and no separate payment will be made for the curb. Measurement and payment for reinforced concrete driveway work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2.4, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.11. Pay Item #112—4" Reinforced Concrete Sidewalk: This work includes construction of concrete sidewalks at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for sidewalk shall be Class "A" concrete with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days. No fly ash will be permitted. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in noncompliance shall be removed and brought to compliance at the Contractor's sole expense. 5-7 Description ot'Pay Items Measurement and payment for reinforced concrete sidewalk work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.12. Pay Item #113 —Barrier Free Ramp: This work includes the construction of barrier free ramps at locations shown in the plans or as determined by the Engineer, in accordance with the appropriated details and specifications. All concrete used for the barrier free ramp construction shall be Class "A" concrete with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days. No fly ash will be permitted. All ramp construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations, and the City of Coppell Standard Construction Details. See Standard Details Sheets 2185-1 through 2185-6 for additional requirements. This includes the correct slope, correct width, correct texture, and correct color differentiation. The Engineer shall verify each ramp prior to final acceptance. Any ramp found to be in noncompliance shall be removed and brought to compliance at the Contractor's sole expense. Measurement and payment for construction of barrier free ramps and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per each (EA), and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.13. Pay Item #114—Variable Height Retaining Wall with Integral Sidewalk: This work includes the complete in place construction of variable height retaining wall integral with sidewalk in locations shown within the construction plans. The contractor is responsible for providing the Engineer with available color options for the retaining wall prior to construction. The Engineer will select the color to be used. Consi action shall be per City of Coppell Standard Construction Detail 2180. Measurement and payment for construction of the variable height retaining wall integral with sidewalk shall be per linear foot (LF) (includes the integral sidewalk) and shall include all labor, equipment and materials necessary to complete the work. 2.14. Pay Item #115—Concrete Sidewalk Step: This work includes the construction of reinforced concrete sidewalk step(s) to match revised parkway and sidewalk grade elevations in place of existing step(s) leading to private residences contiguous to the project. The proposed step(s) shall match existing step(s) as closely as practicable in width, riser height, tread width and concrete finish. The step(s) shall be reinforced longitudinally with 2-#4 bars; doweled into existing step(s) as directed by the Engineer. Concrete shall be Class "A" with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days design as used for sidewalks. 5-8 Description of Pay Items Removal of existing concrete sidewalk and step(s) within the limits of the proposed step(s) location shall be paid for under Item 4105. Finishes shall match existing including any decorative elements. No separate pay for decorative features. Measurement and payment shall be per each (EA) step furnished and installed, complete in place. Landing areas are included in the remove and replace concrete sidewalk quantities and not part of this item. 2.15. Pay Item #116—Pavement Markings: This work includes the placement and installation of all pavement markings (stop bars, striping, words, symbols shapes, etc.) as shown in the construction plans, or as determined by the Engineer, in accordance with the appropriate details and specifications, including Items 666 & 668 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Surface preparation (including sealing), as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. This work also includes the removal (and replacement, if necessary) of any existing markings that are not in alignment or sequence. Measurement and payment for pavement markings work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price hid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.16. Pay Item #117—Traffic Buttons: This work includes the placement and installation of all traffic buttons (raised pavement markers) for traffic delineation, as shown in the construction plans, or as determined by the Engineer, in accordance with the appropriate details and specifications, including Item 672 in TxDOT's 2004 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. 3M Series 290 an engineered thermoplastic marker or equal as approved by the City will be used. Ceramics may be used for Type W or Y. 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 necessar■) of any existing buttons that are not in alignment or sequence. Manufacturer's recommendations for use of the epoxy adhesive shall be carefully followed. Measurement and payment for traffic button work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per lump sum (LS) for the various types and sizes and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.17. Pay Item #118—Prepare Traffic Control Plan and Implement: This work includes developing and preparing a Traffic Control Plan, and then implementing and maintaining the required traffic control devices during each phase of construction as shown and/or indicated on the plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including the TMUTCD. Inclusive with this pay item is 5-9 Description ojPay Items the requirement for adequate notification and instruction (i.e., printed notices delivered to individual homes and businesses, electronic message boards, signage, etc.) to be given to adjacent property owners and to the traveling public regarding interruptions or changes to established traffic flow patterns to, from and along the work site. This work also includes the use of flagman, if necessary, to control traffic in an orderly manner as it enters, exits and/or passes through the construction area, as well as the installation and removal of all temporary riding surfaces. Additionally, the Contractor shall maintain the existing roadway and temporary riding surfaces in a safe driving condition at all times during construction. The Contractor shall provide, utilize and update one (1) message board on Vanbebber Drive. Final location and message to be determined during construction. Traffic control plans and updates shall be provided to the Engineer for review prior to construction or modifying any traffic flow (changing lanes, road closures, changing a street to one way, etc.). Any lane reductions on divided streets will require the use of an arrow board as described in the TMUTCD. Measurement and payment for traffic control work performed and materials furnished shall be made on the basis of the price per price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete all phases of the work. 7.18. Pay Item #119 — Prepare and Implement Storm Water Pollution Prevention Plan (SWPPP): This pay item shall consist of furnishing, installing, maintaining and removing erosion controls throughout the duration of the project in accordance with the Texas Commission on Environmental Quality permitting requirements for construction projects that disturb one (1) or more acres. Under the Texas Pollution Discharge Elimination System (TDPES) general construction permit TXR 150000, the operator with control of construction plans and specifications (Owner) and the operator with day-to-day operational control (Contractor) are required to obtain a permit for the discharge of storm water runoff. The Contractor shall be required to prepare and implement a single comprehensive site specific Storm Water Pollution Prevention Plan (SWPPP) for the entire construction site. The Owner and the Contractor shall independently: (1) sign the SWPPP, (2) submit an NOI, and (3) post a site notice as part of the permit. The SWPPP must describe and insure the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and insure compliance with the terms and conditions of the permit. The SWPPP must clearly indicate which operator is responsible for satisfying each shared requirement of the SWPPP. The SWPPP shall be subject to approval by the Owner and must be retained on-site during the term of the construction. Notice must be posted if the SWPPP is retained off-site. A Texas Registered Professional Engineer must,sign and seal the Erosion Control Plan (ECP) submitted as part of the SWPPP. The Owner and Contractor shall independently submit a Notice of Termination upon completion of the project. 5-10 Description of Pay Items Measurement and payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWPPP. 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. 2.19. Pay Item #120 —Restore Parkways and Disturbed Areas: This work includes all work, materials and incidentals necessary to restore parkways, yards or other improved areas to an equal or better condition than prior to construction, in accordance with the appropriate details and specifications, including NCTCOG Items 202.2, 202.3, 202.4, 202.5, and 202.6. Parkways and disturbed areas along the length of the project shall be fine graded and cut to receive sod. Topsoil shall be placed in low areas to bring them to grade. Any existing landscape improvements, landscape beds, gravel rock beds, and/or any other existing improvement removed or relocated during the course of construction shall be replaced with like kind or better as a part of this pay item. Unless directed otherwise by the Engineer, block sod matching the species that existed prior to construction and/or the species adjacent to the disturbed area shall be placed in all disturbed areas where improved lawn or established turf existed prior to construction. The CONTRACTOR will be required to water, fertilize, mow and otherwise maintain restored areas to establish healthy growth, even distribution of vegetation and full coverage over the entire restored area. The CONTRACTOR shall also maintain and protect these areas from damage and repair any damage that occurs, until completion and final acceptance of the project by the OWNER. Measurement and Payment for parkway and yard restoration work performed and materials f.mished complete and in place as provided herein shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including watering, fertilizing, mowing and maintenance of the restored areas. No more than 50% of this item will be paid until 100% coverage has been established to the satisfaction of the Engineer. 2.20. Pay Items #121-123—Various Storm Sewer Structures: This work includes the construction of standard curb inlets (various lengths) and inlet top reconstruction (various lengths) and grate inlets at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including City of Coppell Standard Construction Details 6020 and 6030 and NCTCOG Item 702. Concrete used for the construction of inlets shall be Class "A", with a minimum cement content of 5 sacks of cement/cubic yard of concrete, and a 3.000 psi minimum compressive strength when tested at 28 days. Measurement and payment for work performed and materials furnished related to the construction of standard curb inlets (various lengths) and inlet top reconstructions (various 5-11 Description of Pay Items lengths), as provided herein, shall he made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools. equipment and other incidentals necess to complete the work. 2.21. Pay Items #124-126—(Various Sizes) Reinforced Concrete Pipe (Class III): This work includes the construction of all reinforced concrete pipe (RCP) storm drain in various sizes at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 501.6 and 508.3. All RCP storm drain shall be Class III (NCTCOG Item 501.6); all bends shall be pre-fabricated, and rubber gasketed material shall be used for all joints meeting ASTM C-443, unless approved otherwise by the Engineer. This work shall include trench excavation, preparation and shaping of bedding, transporting of pipe,jointing, connections to existing and/or proposed improvements and structures, embedment, backfill, and temporary pavement repair, if necessary. Embedment shall be in accordance with the City of Coppell Standard Construction Detail 3020. Where leads or pipe terminate into an existing system, this work shall include construction of a concrete collar at the junction to form a watertight connection. The construction of concrete collars, as required by these specifications, and the connection to the existing storm sewer line will not be paid for directly but shall be considered subsidiary to this pay item. This work shall also include the construction of temporary pavement repair, when necessary or as determined by the Engineer, consisting of a minimum of 8" of flexible crushed stone base. Temporary pavement repair shall be constructed and maintained along all storm drain installed in areas that need to be open to traffic prior to the construction of the final pavement. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the construction of RCP storm drain (various sizes and/or types), as provided herein, shall be made on the basis of the price bid per linear foot (LF) in accordance with NCTCOG Item 508.6, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.22. Pay Items #127-129—6", 8" PVC C-900 DR-14 and 12" PVC C-900 DR-18 Water Line: This work includes the furnishing and installation of 6", 8" PVC C-900 DR-14 and 12" PVC C-900 DR -18 water line at the locations shown in the plans as per NCTCOG Items 506 & 502.4 and the City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as specified, protecting or replacing existing structures or utilities, testing, disposal of surplus materials, and cleaning up and maintenance. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to 5-12 Description of Pay Items any utility line by the Contractor. Testing is accordance with specifications is considered subsidiary to the price bid. This work also includes the connection of the proposed water lines to any existing water lines and the necessary appurtenances to make such connections. Connections to existing lines will not be paid for directly but will be subsidiary to this pay item. This work shall also include the construction of temporary pavement repair, when necessary or as determined by the Engineer, consisting of a minimum of 8" of flexible crushed stone base. Temporary pavement repair shall be constructed and maintained along all water line installed in areas that need to be open to traffic prior to the construction of the final pavement. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be considered sltbsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per linear foot (LF) measured horizontally and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.23. Pay Items #130-131 — 1" Water Service Line with Meter Can (Various Lengths): This work includes the construction of water services in multiple locations along the project where dictated by the layout of the proposed improvements, as shown on the construction plans or as determined by the Engineer. These installations shall be in accordance with NCTCOG Item 502.10 and the appropriate City of Coppell Standard Construction Details. The service line, setter and water meter box shall be replaced at each water service location. This work includes replacing the setter and meter box; however, all meters shall re-used or provided by the City. No separate pay will be allowed for repairing damage to water meters due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the Contractor. Measurement and payment shall be made on the basis of price per each (EA) Water Service installed and shall be the total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Separate hid prices will be required for short and long services as set out in NCTCOG item 502.10.3.2.1. 2.24. Pay Items #132-134—(Various Sizes) Gate Valve: This work includes the furnishing and installation of various sizes of gate valves as shown on the plans in accordance with NCTCOG Item 502.6. Measurement and payment shall be made on the basis of the price bid per each (EA) and shall include all materials and labor necessary to complete the work. 2.25. Pay Item #135—Install New Fire Hydrant and Valve Assembly: 5-13 Description of Pay Items This work includes the installation of fire hydrant assemblies, 6" valves, and 6" PVC pipe including connections and testing of the fire hydrants. All bends, fittings, pipe, and blocking necessary to connect the fire hydrant assemblies to the various water lines are included in the cost of the fire hydrant assembly. Removal includes all blocking and piping back to the existing fire hydrant valve. Fire hydrants salvaged in good condition shall be delivered to Water Tower No. 2 at Wagon Wheel Park. Fire hydrants damaged during removal shall be disposed of at the Contractor's expense. Existing fire hydrants shall remain in service until the activation of the new fire hydrants at or near the loh;ation. This work shall include closing any and all openings into the existing water line that are created as a result of the abandonment and/or relocation of a fire hydrant/valve assembly by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. Any items or appurtenances required for the removal of the fire hydrant and closing off of the existing water line shall be subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to installing the fire hydrant and valve assembly, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.26. Pay Item #136 -Adjust Existing Valve Box to Grade: This work includes the adjustment (raising or lowering) of existing water valve boxes (including valve stems as necessary) in multiple locations along the project where the proposed finished grade is being raised or lowered, as shown on the construction plans or as determined by the Engineer. These adjustments shall be in accordance with the appropriate details and specifications, including those of the valve manufacturer. No separate pay will be allowed for repairing damage to valves or valve boxes due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the CONTRACTOR. The adjustment of valve boxes that are installed as part of this project shall not be paid for directly but shall be considered subsidiary to the pay item under which it was installed. Measurement and payment for work performed and materials furnished related to the adjustment of existing water valve boxes, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work, including the adjustment of the valve stem as necessary. 2.27. Pay Item #137 - Abandon Existing Water Line: This work includes the abandonment of existing water lines as shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. The Contractor shall verify that all services, meters, stubouts and other branch water lines supplied from the existing water lines to be abandoned are transferred to other 5-14 Description of Pay Items water lines as shown on these plans prior to pavement construction. No service or meter shall be without water supply for more than four (4) hours. Cutting and plugging of existing water lines, as well as placement of restrained plugs on water lines to remain, shall be subsidiary to this pay item. The existing water lines shall be abandoned as follows: (a) After each section of the existing water line is taken out of service, the abandoned section shall be completely drained, including pumping water from the system, as necessary. (b) Any and all openings into the existing pipe will be closed by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. (c) Existing valves may be used to close the existing system, the pipe on the abandoned side shall not be left open. but shall be plugged and blocked. (d) Valves stacks shall be removed and backfilled with soil. Measurement and payment for work performed and materials furnished related to abandoning the existing water line, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.31. Pay Item #138—8" PVC SDR 35 Sanitary Sewer Pipe: This work includes the installation of ASTM D3034 SDR-35 PVC sanitary sewer pipe at the locations and to the grades shown on the plans (8"). Work shall be in accordance with NCi COG Items 501, 504, 505, 507 and City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as specified, replacement of top soil, protecting or replacing existing structures or utilities, mandrel pulling, pipeline signs, testing, disposal of surplus materials, cleaning up and maintenance, fence removal and replacement, as result of the pipeline construction to equal or better condition. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Removal and disposal of existing pipe and manholes in same trench shall be incidental to pipe line installation. Testing in accordance with specifications is considered subsidiary to the price bid. This work also includes the connection of the proposed sanitary sewer lines to any existing sanitary sewer lines or manholes. Connection to existing line shall include a Class "13" concrete collar around the joint between the existing and new pipe. Connection to existing manholes shall be made by coring and grouting the existing manhole. Connections to existing lines and/or manholes will not be paid for directly but will be subsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of manhole to center of manhole or cleanout without 5-15 Description of Pay Items any deduction for the length of pipe through manholes and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.32. Pay Item #139—4' Sanitary Sewer Manhole (All Depths): This work includes the installation of 4' diameter sanitary manholes per NCTCOG item number 502.1 and City of Coppell Standard Construction Details. Payment shall include excavation, castings, reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit. Removal and disposal of existing manholes in same trench shall be incidental to pipe line installation and not a part of this item. Both pre-cast and cast-in-place manholes are permitted for this project. Measurement and payment shall be made on the basis of price bid per Each (EA). There is no separate bid item for extra depth, and shall be paid for as per each regardless of depth. The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans and NCTCOG item 502.1. 2.33. Pay Items #140-141 —4" Sanitary Sewer Services (Various Lengths): This work includes the installation of a Sanitary Sewer Cleanout per NCTCOG item number 502.2 and City of Coppell Standard Construction Details. Payment shall include excavation, castings, reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit and shall not be measured and paid for according to depth. The Contractor is responsible for TV and marking of each of the sanitary sewer service lines from the cleanout to the sewer main. The TV and marking shall not be paid for directly but will be subsidiarJ to this pay item. Measurement and payment shall be made on the basis of price bid per Each (EA). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans and NCTCOG item 502.2. Separate bid prices will be required for short and long services as set out in NCTCOG item 502.10.3.2.1. 2.34. Pay Item #142—Abandon Existing Sanitary Sewer Line: This work includes the cutting off and plugging a sanitary sewer line. Payment shall include excavation, castings. reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit. Measurement and payment shall be made on the basis of price bid per Lump Sum. The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work all in accordance with the plans. 5-16 Description of Pay Items 2.35. Pay Item #143—Remove Existing Sanitary Sewer Manhole: This work includes the removal of existing sanitary sewer manholes in multiple locations along the project where dictated on the construction plans. These loutions include areas where an existing manhole is to be removed as unneeded as well as locations where a new sanitary sewer manhole is to be constructed. The abandonment and/or removal of the sanitary sewer line connected to the manhole is considered subsidiary to Pay Item #142. Payment shall include excavation and backfill of the location where the sanitary sewer manhole is removed and not replaced and shall not be measured and paid for according to depth. Any testing or backfill around a new manhole shall be subsidiary to Pay Item #143. Measurement and payment shall be made on the basis of price bid per Each (EA). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans. 2.36. Pay Item #144—Remove Existing Sanitary Sewer Cleanout: This work includes the removal of an existing sanitary sewer cleanouts. If the existing sanitary sewer line is to remain in use the Contractor is responsible for plugging the existing sanitary sewer line at the location of the existing cleanout prior to removal. Payment ; call include excavation, backfill, and other materials, and all appurtenances for a complete removal and shall not be measured and paid for according to depth. Measurement and payment shall be made on the basis of price bid per Each (EA). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans. 2.37. Pay Item #145—Adjust Existing Sanitary Sewer Manhole Rim: This work includes the adjustment (raising or lowering) of existing sanitary manholes, regardless of method of adjustment, in multiple locations along the project where dictated by the proposed finished grade, as shown on the construction plans or as determined by the Engineer. Including broken down top and repair as needed. These adjustments shall be in accordance with the appropriate details and specifications, including those of the manhole manufacturer.. No separate pay will be allowed for repairing damage to manholes due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the CONTRACTOR. The adjustment of manholes that are installed as part of this project shall not be paid for directly but shall be considered subsidiary to the pay item under which it was installed. Measurement and payment for work performed and materials furnished related to the adjustment of existing sanitary sewer manholes, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 5-17 Description of Pciv Items 2.38. Pay Item #146—Trench Safety System (all utility construction): This work includes preparing a job specific trench safety plan and installing the proper shoring and/or bracing to adequately provide a safe trench situation for all utility construction (i.e., storm drain, water and/or sanitary sewer), in compliance with current regulations and requirements of the United States Department of Labor Occupational Safety and Health Administration (OSHA). The CONTRACTOR shall have a Trench Safety Plan prepared, signed and sealed by a professional engineer licensed in the State of Texas, and provided to the Engineer prior to the start of construction. The preparation of the trench safety plan, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the preparation of a trench safety plan and the installation of a trench safety systems, as provided herein, shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.39. Pay Item #147—Repair, Replace and/or Modify Existing Irrigation Systems: This work includes repairing, replacing and/or modifying any existing irrigation system or system component within the limits of the work area that is damaged or whose function/operation is adversely impacted by the construction of the proposed improvements. in a manner satisfactory to the adjacent property owners or HOAs to whom they belong and the Engineer. This work includes repairing or replacing any damaged pipes, sprinkler heads or other system components (i.e., valves, controllers, valve boxes, etc.). All existing irrigation systems will be assumed to be in good condition and fully operational unless the CONTRACTOR has inspected, noted and documented some specific damage to a system that exists, prior to construction beginning. It would, therefore, be advisable for the CONTRATOR to contact adjacent property owners and/or system owners/operators prior to construction to determine the limits of all existing irrigation systems, the location of sprinkler heads and other system components, and to identify and document any existing damage. All repairs should be completed as soon as possible after the damage is discovered. Any damage to existing grass, trees or landscaping resulting from a lack of water during construction because of damage to irrigation systems or irrigation systems that become inoperable will be the sole responsibility of the CONTRACTOR to replace. The e::act 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 5-18 Description of Pay Items necessary to complete the work, including replacing any sod, trees or landscaping damaged during the course of construction due to the lack of adequate watering or the inability to properly operate an existing irrigation system resulting from the construction. 2.40. Pay Item #148 - Install Tree: This work includes the furnishing and planting of trees to replace those trees which are required to be removed to complete the project. Replacement trees shall be 3 inches caliper of trunk measured 6 inches above grade level. The type of tree shall be the same type of tree (assume Live Oak or similar) as the removed tree unless the owner of the property on which the tree is to be planted requests a different type of tree and the request is approved by the Engineer's Project Representative. The location for the tree shall be agreed to by the property owner and the Owner's Project Representative. Replacement trees shall be nursery grown, well formed, balled and burlapped trees with natural balls of earth of sufficient diameter and depth to encompass the fibrous and feeding root system necessary for full recovery of the tree. Planting shall be in accordance with the City of Coppell standards and accepted landscaping practices. The Contractor shall maintain the replacement tree for a three (3) month establishment period following planting. Trees which do not, in the judgment of the Owner's Project Representative, become established during the establishment period shall be replaced at the Contractor's cost. Measurement and payment for work performed and materials related to the installation of each tree shall be by each (EA) tree planted complete in place and accepted. 2.41. Pay Item #149— Install Tree Root Barrier: This work includes the installation of Tree Root Barriers per the detail as shown in the construction plans at locations designated in the plans or as directed by the Engineer. Any proposed curb or existing curb to remain that is damaged with the installation of the tree root barrier shall be removed and replaced at the Contractor's expense and not included as an additional cost. Measurement and payment for work performed and materials related to the installation of the tree root barriers shall be for linear foot (LF) tree root barrier installed complete in place and accepted. 2.42. Pay Item #150—Remove and Reset Landscaping: This work includes the removing and resetting existing landscaped areas between curbs and sidewalks including pavestone, timbers and gravel to a condition comparable to preconstruction conditions. Each area shall be photographed (not videoed) before the start of construction. If new stones are used, they must match the existing wall as much as practical. The Contractor shall notify each property owner after completion of the restoration work for acceptance. 5-19 Description of Pay Items Measurement and payment shall be on the basis of lump sum (LS) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 2.43. Pay Item #151 —Remove and Replace Brick Mailbox: This work includes the removing and replacing existing brick mailboxes as noted on the plan. The work and materials as prescribed by this item will be measured by each brick mailbox removed and replaced. Each mailbox shall be photographed before the start of constriction. Each mailbox shall be replaced at or above the photographed condition of the mailbox. Measurement and payment shall be on the basis of each mailbox (EA) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 2.44. Pay Item #152—Remove and Reset Mailbox: This work includes the removing and resetting existing mailboxes as noted on the plans. The work and materials as prescribed by this Item will be measured by each mailbox removed and reset. Each mailbox shall be photographed before the start of construction. Each mailbox shall be replaced at or above the photographed condition of the mailbox. Measurement and payment shall be on the basis of each mailbox (EA) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. 5-20 Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS T H E • C I T Y O F COFFE LL q ` A S 1 CITY OF COPPELL PROJECT SIGN C 3" 1' -6" 3 "— 4' -O" BLUE BACKGROUND C WHITE LETTERS CrV OF ',OPEC __ n c, 0 I COPPELL MR INFORNET EN ammo: � ONTRA.TOR' S r:i I- I SPE(�TOG�IS EKE, MSPEC�TO 1 PANE WHEW (12) 304- A A -, BLUE LETTERS_ Nk 'NUy' oEE 1 1 /2" f n ( 1 \ I�JOl1V7J 11AC7�JJ : CON— D e v7OJ Llly NAM fl WHITE BACKGR -,s, UNTRACH'S ?ME NUMBER � n n I� �I�� //�V) C RESERVED FOR SITE C.J vLL J JUL PIS �� 111 IrE: (Ca AR NOTICE OR NOI POSTING 0 I l \ I l \ I // 1l1! d- 1 1/ e BLUE BORDER ` I y -4(4 ( - NATURAL GROUND y k 6 6 y L y � y NOTES: 1) LETTERING SHOULD BE BOLD TYPE 2) SIGN PANEL WILL BE 3/4" EXTERIOR PLYWOOD PAINTED AS SHOWN ON DETAIL 3) FRAME WILL BE 2 "X4" STOCK- REINFORCED BEHIND SIGN PANEL AT APPROX. 2' CENTERS 4) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROVIDED BY THE CITY EXAVPLE: C FOR DUUIT /I 1 �M T 9 OE��pp((�cCOI�I(N�raISI�QIIUJ�U o CONTRACTOR'S /Aln1lnUA/Aln1 OIIUSf�EC u EW LOGO-) NONE M DER: 972- 30400000 BETHEL RD PROJECT ST 03-01) f CONTRACTOR: XXXX XXXXX XXXXXX ( (000) 000-0000 `RESERVED FOR SITE NOTICE OR NOI POSTING DATE: XXXXXX 200X +