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MA1009-CN130404 T H E C 1 T Y O F COPPELL% F q • A S 1 8 CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Erosion Control Improvements for Andy Brown Park East & Alex Drive Canal Bid No. Q-0213-01 FOR THE CITY OF COPPELL / 0-A5 // .......vt, February 4, 11 2013 i*' i� **�• 1• , KYLE J. DYKES /∎1�• 99378 •�,�• i to • 4/C 0 \��" ADDENDUM NO. 1 Erosion Control Improvements for Andy Brown Park East and Alex Drive Canal CITY OF COPPELL MARCH 2013 RELEASE DATE: March, 2013 BIDS RECEIVED: 10:00 A.M. (LOCAL TIME) ON THURSDAY, FEBRUARY 21, 2013 INFORMATION TO BIDDERS: The Contract Documents for the above referenced project are revised and amended as follows: 1. Section 1 - Instructions to Bidders: Item 32. Revise the entire section to read: In order to help expedite the construction of Unit's Al and A2, the contractor will not be charged for costs incurred by the City for inspection services prior to July 1st, 2013. All overtime costs incurred by the City for inspection services, including overtime for the testing lab, after July 1st shall be paid by the contractor. If not paid, such cost may be deducted from partial payments. The pay rate for inspector overtime charges will be $54.00/hr. Hours worked before 8:00am or after 5:00pm, all weekends and holidays are subject to overtime. Overtime requests or scheduled testing must be made in writing, 72 hours in advance, and must be approved by the City. 2. Section 1 - Bid Proposal: The following change should be made to the Bid Proposal. A new proposal form will not be issued prior to the bid. Item No. 12: Revise the Estimated Quantity to read: 1,044 3. Section 4— Specific Project Requirements: Item 1.23 Revise the last sentence as follows: The CONTRACTOR shall provide water as required at his own expense, with the exception of temporary irrigation lines, which may tap into existing City irrigation systems without a meter. EROSION CONTROL IMPROVEMENTS FOR PAGE 1 of 2 ANDY BROWN PARK EAST&ALEX DRIVE CANAL ADDENDUM NO. 1 4. Section 5 — Description of Pay Items: Item 4: Add the following note after the phrase "This work shall also include:" (on page 5-4): f) Site protection measures as specified in Section 3 - Item 203.3.2. Item 9: Add the following note to this section: The wall color shall be "Milsap" blend, as designated by Pavestone Company. 5. Section 6 - Technical Specifications: TS-1 Revise Item 2 (Leveling Pad Base) in its entirety to read: a. Aggregate Base: Crushed stone, crushed concrete, or granular fill meeting the following gradation as determined in accordance with ASTM D448: Sieve Size Percent Passing 1 Inch 100 No. 4 35 to 70 No. 40 10 to 35 No. 200 3 to 10 i. Base Thickness: 10 inches (minimum compacted thickness). b. Concrete Base: Non reinforced lean concrete base. i. Compressive strength: 3000 psi (minimum). ii. Base Thickness: At least 4 inches. TS-1 Add the following note: The mixing of structural backfill onsite will not be permitted. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below; (2) In the Proposal, Page 1-18; and, (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NON-RESPONSIVE', resulting in disqualification. RECEIPT ACKNOWLEDGED: By: Title S-3SSC�CxE?s EROSION CONTROL IMPROVEMENTS FOR PAGE 2 of 2 ANDY BROWN PARK EAST&ALEX DRIVE CANAL ADDENDUM NO. I TABLE OF CONTENTS Page # Table of Contents 1-2 Section 1 - Bidding Documents 1-3 Notice to Bidders 1-4 Instructions to Bidders 1-6 Bid Form/Proposal/Bid Schedule 1-18 Prevailing Wage Rates 1-29 Bid Affidavit 1-30 Conflict of Interest 1-32 Section 2 - Contract Documents 2-1 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 1-2 Bidding Documents SECTION 1 BIDDING DOCUMENTS T H E C 1 T Y O F COPPELL 9 A s t o 1-3 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of Erosion Control Improvements for Andy Brown Park East & Alex Drive Canal (Project No. MA10-09). The work shall consist of the installation of 26,950 S.F. of modular block wall, 843 S.Y. of geosynthetic bank stabilization, and all appurtenant work necessary to complete construction of the project. Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non-refundable cost of $25.00 from the office of Teague Nall and Perkins, Inc., 17304 Preston Road Suite 1340, Dallas, Texas, 75252; or telephone (214) 461-9867 for additional information. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Erosion Control Improvements for Andy Brown Park East & Alex Drive Canal (Project No. MA10-09) will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 10:00 a.m., February 21, 2013, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q-0213-01 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 February 14, 2013. The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. This project shall be bid with a time of completion included in the bid proposal. The time bid shall be the time bid to complete Erosion Control Improvements for Andy Brown Park East &Alex Drive Canal. An incentive of up to $40,000 is available for completing Unit A.1 and Unit A.2 prior to July 1, 2013. The incentive will be based on a daily value of$2,000 per calendar day, for each day prior to July 1, 2013 in which Unit's A.1 and A.2 are complete. A disincentive of $2,000 per calendar day shall also apply on this project for any work pertaining to Unit A.1 or Unit A.2 that is completed after July 1, 2013. There shall be no maximum disincentive. Liquidated damages for failure to complete Unit B in the contracted time shall be $500 per calendar day, as specified in the NCTCOG specifications. 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. 1-4 Bidding Documents Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. 1-5 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder, as determined after review of calendar days, overall price, and qualifications, to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, the Construction Plans and Specifications, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "Owner" or "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "Engineer" or "ENGINEER" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Consulting Engineer: Wherever the word "Consulting Engineer" or "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Teague Nall and Perkins, Inc., 17304 Preston Road Suite 1340, Dallas, Texas 75252. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of constructing erosion control repairs and improvements. The project lies in and near Andy Brown Park East, and includes lake edge treatment around the central activity lake, both sides of the canal north of Parkway Blvd., and 700 If of the east bank south of Parkway Blvd. This project will include unclassified channel excavation, the construction of new retaining wall, the installation of geosynthetic soil stabilization, the installation and/or adjustment of related drainage facilities, and all appurtenant work as laid out and described in the construction plans. 1-6 Bidding Documents Andy Brown Park East is heavily used by bicycles and pedestrians. Therefore, appropriate traffic control and construction sequencing must be considered and implemented throughout the project, as part of this scope of work, in order to maintain safe & effective: a) pedestrian traffic flow on at least one route through the project area at all times, and b) access to & from both adjoining parking lots on either side of the central activity lake (unless directed otherwise by the Engineer). The overall scope of work shall include all components necessary for the "turn key" construction of the project as shown in the plans for Erosion Control Improvements for Andy Brown Park East & Alex Drive Canal (Project No. MA10-09,). 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the office of Teague Nall and Perkins, Inc., 17304 Preston Road Suite 1340, Dallas, Texas, 75252, telephone (214) 461-9867 for a non-refundable cost of $25.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $25.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas or Teague Nall and Perkins, Inc., 17304 Preston Road Suite 1340, Dallas, Texas, 75252. 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. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Submissions will be made to City 1-7 Bidding Documents Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (must be submitted within five (5) days if requested): A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience (must be submitted within five (5) days if requested): A list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment (must be submitted within five (5) days if requested): A list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial (must be submitted within five (5) days if requested): Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience (must be submitted within five (5) days if requested): The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business (must be submitted within five (5) days if requested). 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. 1-8 Bidding Documents 6. Examination of Contract Documents and Site. 6.1 Access to the Andy Brown East portions of the project site shall be from the Moore Rd. parking lot, and the Parkway Blvd. parking lot. Access to the Alex Drive Canal portion of the project shall be from the Parkway Blvd. parking lot, and the gated drainage way that connects to the Alex Drive alley. It shall be the Contractor's responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, the Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions, according to the City standards, upon completion of such explorations. 1-9 Bidding Documents 6.5 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work, are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time of completion of the project will be set through the bidding technique used in the Proposal Form. A more detailed explanation of the bidding technique and completion time is given in Item 1.7 of the Specific Project Requirements. Completion time will be a strong factor in the awarding of a contract for this project. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 108.8 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract and Item 1.7 of the Specific Project Requirements. 1-10 Bidding Documents 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15 of these Instructions to Bidders. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 1-11 Bidding Documents 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By (name) - (corporate title) ." If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids, unless stated otherwise in the description of pay items. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. If an item is noted as a "Plans Quantity" then only the quantity shown in the unit bid price schedule will be paid. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 10:00 a.m., February 21, 2013, and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q-0213-01 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: Erosion Control Improvements for Andy Brown Park East & Alex Drive 1-12 Bidding Documents Canal (Project No. MA10-09) 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. 19. Award of Contract. 19.1 For the purpose of award, each bid submitted shall consist of a total bid price and a total contract time bid, whereby: Bid Price Proposed = The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices for the construction of Erosion Control Improvements for Andy Brown Park East & Alex Drive Canal. Bid Contract Time Proposed = The total number of calendar days required to complete the construction of Erosion Control Improvements for Andy Brown Park East &Alex Drive Canal, as shown on the plans. 1-13 Bidding Documents Time will not be used to determine the final payment to the Contractor. All payments will be based on actual quantities and bid unit prices. 19.2 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.3 In evaluating Bids, the Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 19.4 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 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 in anticipation of the annual Spirit of Coppell July 4th Parade and Activities. To allow for proper event preparations, an incentive/disincentive provision is established for this contract. 1-14 Bidding Documents The total incentive payment shall not exceed the amount listed below. However, there shall be no maximum disincentive. • The latest date of completion that will be allowed for the construction of all improvements contained within Unit Al and Unit A2 (all improvements north of Parkway Blvd.) is July 1st, 2013. An incentive of up to $40,000 is available for early completion of all work associated with Unit Al and Unit A2, prior to July 1St based on a daily value of $2,000 per calendar day. Construction time for Unit B (all improvements south of Parkway Blvd.) shall be governed by the total contract time bid for the project. • A disincentive of $2,000 per calendar day shall also apply for any work on Unit Al or Unit A2 occurring after July 1St. Liquidated damages for failure to complete Unit B in the contract time bid shall be in accordance with NCTCOG item 108.8. 21. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 22. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 23. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 24. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Calendar day count for the project shall commence within ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever occurs first. 25. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be 1-15 Bidding Documents incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of: a) materials incorporated into the project; and b) labor, equipment, supervision and materials not incorporated into the project. 26. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 27. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 28. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Owner. 29. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 30. Maintenance Bond. The Contractor shall provide a two-year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 31. Testing Requirements. The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or re-inspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractor's responsibility for his own quality 1-16 Bidding Documents 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 advance-notice is 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 for Inspector overtime charges will be $ 54.00/hr. 33. Payment. 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. 34. Documentation of Existing Conditions. Contractor must prepare a video and provide a copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to the pay item for General Site Preparation. 35. Bid Security. Contractor must submit a bid security in the amount of five (5%) percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute a Performance, Payment and Maintenance Bonds on the forms included in the Contract Documents if awarded the contract. Acceptable Bid Security are: a) Certified or cashier's check made payable to the Owner. b) An approved Bidder's Bond underwritten by a surety named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. 36. Bonds Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 1-17 Bidding Documents BID FORM PROJECT IDENTIFICATION: Erosion Control Improvements for Andy Brown Park East &Alex Drive Canal Project No. MA10-09 Coppell, Texas BID OF DATE (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-0213-01 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: Date: Rec'd: 1-18 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 of exploration and tests of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 1-19 Bidding Documents (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for otherwise in the Contract Documents. 4. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 6. It is strongly recommended that each BIDDER visit the site prior to submitting a bid. Construction constraints exist, including pedestrian access through the park, and limited staging areas, which could affect productivity. 7. BIDDER will complete the Work for the following price(s): 1-20 Bidding Documents Bid Proposal- Erosion Control Improvements for Andy Brown East and Alex Drive Canal ITEM NO. DESCRIPTION OF ITEMS QTY UNIT UNIT COST TOTAL UNIT Al Column 1 1 2 Mobilization 1 LS $27,632.80 $27,6.3.2.80_ Furnish & Install Project Sign 1 EA $650.00 $650.00 3 Dewatering and Pumping 1 LS - - - ---- $11,960.00 $11,960.00 4 General Site Preparation _ 1 LS $3,900.00 $3,900.00 Remove & Dispose Ex. Concrete Trail - - 5 Pavement 2,810 SF $3.25 $9,132.50 6 Unclassified Channel Excavation 3500 CY $18.27 $63,945.00 Construct 6" Reinforced Concrete Trail (10 -- 7 foot Wide) 2,500 SF $5.20 $13,000.00 8 Construct 6" Reinforced Concrete Rip-Rap 175 SY $112.91 $19,759.25 9 Construct Concrete Segmental Retaining Wall 17,050 FF $26.44 $450,802.00 10 Furnish and Install Rock Rip-Rap 20 CY $179.04 $3,580.80 11 Furnish and Install large Rock Rip-Rap 62 CY $131.87 $8,175.94 12 Furnish and Install Geoweb Slope Protection 1,044 SY $34.15 $35,652.60 Construct Reinforced Concrete Toe Wall (4 13 Foot Tall) 60 LF - -- - -- $140.83 $8,449.80 14 Replace Pedestrian Bridge Decking (10'Wide) 40 LF $173.88 $6,955.20 15 Furnish and Install Safety Rail Fence (for Wall) 370 LF $44.85 $16,594.50 Furnish and Install Safety Rail Fence (for 16 Fishing Pier) 144 LF $51.72 $7,447.68 17 Furnish and Replace Fishing Pier Pontoon 6 EA _ $541.67 $3,250.02 Furnish, and Install 18" Reinforced Concrete - - 18 Pipe 26 LF $87.80 $2,282.80 Furnish, Install, Maintain and Remove Erosion 19 Control Devices 1 LS $6,826.95 $6,826.95 20 Restore Disturbed Areas 12,500 SY $6.11 $76,375.00 UNIT Al TOTAL BID PRICE (Items 1 -20) $776,372.84 UNIT Al TOTAL TANGIBLE PERSONAL PROPERTY $279,552.00 Bid Proposal- Erosion Control Improvements for Andy Brown East and Alex Drive Canal ITEM NO. DESCRIPTION OF ITEMS QTY UNIT UNIT COST TOTAL UNIT A2 21 Mobilization 1 LS $9,295.00 $9,295.00 22 Furnish & Install Project Sign 1 EA -- — - _ $650.00 $650.00 23 Dewatering and Pumping Canal 1 LS $9,880.00 ---- --- --- _ $9,880.00_ 24 General Site Preparation 1 LS $17,465.50 - - - $17,465.50 25 Unclassified Channel Excavation 1,140 CY $_18.25 $20,805.00 26 Construct Concrete Segmental Retaining Wall 4,740 FF — - l $24.54 $116,319.60 27 Furnish and Install large Rock Rip-Rap _ 50 CY - --- -- $155.71 $7,785.50 28 Construct Reinforced Concrete Toe Wall (4 Foot Tall) 60 LF $433.33 $25,999.80 29 Furnish, Install, Maintain and Remove Erosion —— Control Devices 1 LS $4,202.90 $4,202.90 30 Restore Disturbed Areas — — 2,000 SY $6.11 $12,220.00 UNIT A2 TOTAL BID PRICE (Items 21 -30) $224,623.30 UNIT A2 TOTAL TANGIBLE PERSONAL PROPERTY $69,461.00 Bid Proposal- Erosion Control Improvements for Andy Brown East and Alex Drive Canal ITEM NO. DESCRIPTION OF ITEMS QTY UNIT UNIT COST TOTAL UNIT B Mobilization - -- -- 31 LS $16,445.00 $16,445.00 32 Furnish & Install Project Sign _ 1 EA $650.00 $650.00 33 Dewatering and Pumping Canal 1 LS - - -- $15,080.00 $15,080.00 34 General Site Preparation 1 _ LS- -- $12,935.00 _ $12,935.00 1,150 CY $22.75 $$22 35 Unclassified Channel Excavation —— --__$26,162.50 _ 6,162.50 36 Construct 6" Reinforced Concrete Rip-Rap 11 SY - - -- — $263.43 $2,897.73 37 Construct Concrete Segmental Retain ingWall 5,160 FF --- -- --- $28.88 $149,020.80 38 Furnish and Install Rock Rip-Rap 25 CY $95.16 39 Geoweb Slope Protection 53 SY - --- $34.15 $1,809.95 40 4'Tall Ameristar Welded Steel Fence(at gate) 4 LF $16.2__5 $65.00 41 10' Double Gate-Ameristar Welded Steel 1 EA $1,365.00 $1,365.00 42 21" Reinforced Concrete Pipe 8 LF - - — - - $163.31 $1,306.48 Furnish, Install, Maintain and Remove Erosion —43 Control Devices 1 LS $3,380.00 $3,380.00 44 Restore Disturbed Areas 1,750 LS $6.12 $10,710.00 — UNIT B TOTAL BID PRICE (Items 31 -44) $244,206.46 UNIT B TOTAL TANGIBLE PERSONAL PROPERTY $89,325.00 - — TOTAL-ALL BID ITEMS — — - -- $1,245,202.60 TANGILE PERSONAL PROPERTY COST CALENDAR DAYS 150 BID SUMMARY- BID NO. Q-0213-01 Erosion Control Improvements for Andy Brown Park East&Alex Drive Canal (Project No. MA10-09) TOTAL-ALL BID ITEMS $ ( I 22-1 18 2.. 13 TANGIBLE PERSONAL PROPERTY COST $ `i 3 S 3 3`8 . OO TOTAL TOTAL PRICE BID CALENDAR DAYS BID TOTAL-ALL BID ITEMS $ ( 7-Z 1 i 182-1 S0 days In Words: Total Price Bid- 6 rye nti; ,t.t v►n. -t- liv.-Joy -Iw o rte_ Aitto v5►nn0 k. L,_O T, 3 .• Total Calendar Days Bid - _ b rte b days. 8. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 9. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. PROPOSAL GUARANTY A Proposal Guaranty shall be provided in accordance with Item 102.5 of the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition. SUBMITTED ON � - ctr,, CS ;�C` -- t I Signature: 1-28 Bidding Documents PREVAILING WAGE RATES Classification Hourly Rate Classification Hourly Rate Air Tool Operator 10.06 Spreader Box Operator 10.92 Asphalt Raker 11.01 Work Zone Barricade 10.09 Asphalt Shoveler 8.80 Truck Driver-Single Axle Light 10.91 Batching Plant Weigher 14.15 Truck Driver-Single Axle Heavy 11.47 Carpenter 12.80 Truck Driver-Tandem Axle Semi Trailer x.xx Concrete Finisher-Paving 12.85 Truck Driver Lowboy/Float 10.44 Concrete Finisher-Structures ...................13.27 Truck Driver-Transit Mix 9.47 Concrete Rubber 10.61 Truck Driver-Winch 9.00 Electrician 18.12 Vibrator Operator-Hand Type 7.32 Flagger 8.43 Welder 11.57 Form Builder-Structures 11.63 Form Setter-Paving and Curb ........ 11.83 Form Setter-Structures 11.63 Laborer-Common 9.18 Laborer-Utility 10.65 Mechanic 16.97 Oiler ... 14.98 Servicer 12.32 Painter-Structures 13.17 Pipe Layer 11.04 Asphalt Distributor Operator 13.99 Asphalt Paving Machine 12.78 Broom or Sweeper Operator 9.88 Bulldozer 13.22 Concrete Curbing Machine Operator 12.00 Concrete Finishing Machine ... 13.63 Concrete Paving Spreader Machine..... .14.50 Concrete Paving Joint Sealer 12.50 Concrete Paving Saw 13.56 Slipform Machine Operator 12.33 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 14.12 Foundation Drill Operator Crawler Mtd 13.67 Foundation Drill Operator Truck Mtd 16.30 Front End Loader 12.62 Milling Machine Operator 11.83 Mixer 11.58 Motor Grader Operator Fine Grade 15.20 Motor Grade Operator 14.50 Pavement Marking Machine 10.04 Roller, Steel Wheel Plant-Mix Pavements ...11.28 Roller, Steel Wheel Other Flatwheel or Tamping 10.92 Roller, Pneumatic, Self-Propelled ............ 11.07 Scraper 11.42 Tractor-Crawler Type 12.60 Tractor-Pneumatic 12.91 Traveling Mixer 12.03 Wagon-Drill, Boring Machine 14.00 Reinforcing Steel Setter Paving 14.86 Reinforcing Steel Setter Structure 16.29 Steel Worker-Structural 14.80 1-29 Bidding Documents BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety(90)calendar days from the date of the bid opening. STATE OF �J S COUNTY OF ThP +0� BEFORE ME,the undersigned authority, a Notary Public in and for the State of , on this day personally appeared—Ary €5 lrz.hint4 who after being by me Name duly sworn, did depose and say: "I,. ft j42 S am a duly authorized office/agent for Name ,� _LVLa • and have been duly authorized to execute the Name of Firm foregoing on behalf of the said h4k00.A.C('-keS , Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s)to bid or not to bid thereon." Name and Address of Bidder:. 1 VA-C'S, �7 tiiz d T dus* al -a-VD ��t , l r s -?to ai?) Telephone: (qqb ) (oBIn tea 34) by: ----1-AV\eS ' Z.r\r14� Titled * Signature: SUBSCRIBED AND SWORN to before me by the above named•iNmE_S on this the � day of 1bru iH C 20 `anw; MARIE A.CASTELLON Notary Public in and for the State of �Qw� AFT � r : Notary Public,State of Texas i y�' My Commission Expires �,•fiiis• June 03, 2014 -41°U4 - 1-30 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 By e==\-0V---"ikS 03 Cickt , .S t • -, (Corporation Name) (State of incorporation) By _ AVM ES ' n • (Name of person aut-orized to sig .. (Title) (Corporate Seal) (Secretary) Business address kMU) atnI US4Y- 1 LM � 5 10 s Phone No. gilo• lb: LQ23t0 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.) 1-31 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 By law this questionnaire must be filed with the records administrator of the Received 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 176.008, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doingbusjness With local governmental entity. � • v\A-5 ND , -t I os �c -ta 2 CI Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. A 4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. 1-32 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 or business 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 completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary. • A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? U Yes ❑ No • I�R B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income Is not from the local governmental entity?❑Yes ❑ No (A, C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ❑Yes Li No (A. D. Describe each affiliation or business relationship. • 6 II /A Signature of person doing business with the governmental entity Date /2.tA3 j e_-fkoe c --I 1-33 Bidding Documents SECTION 2 CONTRACT DOCUMENTS T H E C 1 T Y O F COPPELL * A S • 18 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 26th day of March in the year 2013 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and JDK Associates, Inc . (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of constructing erosion control repairs and improvements. The project lies in and near Andy Brown Park East, and includes lake edge treatments around the central activity lake, both sides of the canal north of Parkway Blvd., and 700 If of the east bank south of Parkway Blvd. This project will include unclassified channel excavation, the construction of new retaining wall, the installation of geosynthetic soil stabilization, the installation and/or adjustment of related drainage facilities, 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 erosion control improvements as shown in the plans for Project No. MA10-09. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of: EROSION CONTROL IMPROVEMENTS FOR ANDY BROWN PARK EAST & ALEX DRIVE CANAL PROJECT NO. MA10-09 Bid No. Q-0213-01 Article 2. ENGINEER. The Project has been designed by Teague Nall and Perkins, Inc. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 150 calendar days. The Contract time commences to run as provided in Item 103.2 of the General Provisions, and the work shall be completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. As stated in Item 20 of the Instructions to Bidders, the Owner desires to expedite construction on this contract in anticipation of the annual Spirit of Coppell July 4th Parade and Activities. Therefore, 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 of the Instructions to Bidders, 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 the Proposal and Bid Schedule, Section 1 of these contract documents. The total contract sum shall be the amount of: $ 1, 245, 202 . 60 The total tangible personal property cost included in the contract sum is: $ 438, 338 . 00 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 2-3 Contract Documents 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or 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. 2-4 Contract Documents 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 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 3-9, inclusive). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for Erosion Control Improvements for Andy Brown Park East & Alex Drive Canal (Project No. MA10-09), for the City of Coppell." 8.8. Drawings (Construction Plans) entitled: "Erosion Control Improvements for Andy Brown Park East and Alex Drive Canal," (Project No.MA10-09) for the City of Coppell. 8.9. The following listed and numbered addenda: Addendum #1 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. 2-5 Contract Documents 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101. of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 7 , 2013. OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 BY: BY: •.''�i I 1 TITLE: ►� kc.& - TITLE:: 'L a _ '► � • • ` ATTEST: .- ATTEST: Ii j,a/a1WAIft Ur Address for giving notices: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 -- Attn: Ken Griffin, P.E. - � �i� t-e. S 1(Q 2_5B 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 authori 'n .exe . ion of Agreement.) BY: �/ ' _ V Greg Garcia TITLE : President, CRDC 2-7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance, which will be executed and bound here with final documents. Please see the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, Item 103.4 for insurance policies required. • Contractor's Insurance o Worker's Compensation —As set forth in the Workers Compensation Act o Commercial General Liability - $1,000,000 Accident/Occurrence o Automobiles - $500,000 Combined single limit per occurrence o Owner's Protective Liability- $600,000 per occurrence; 1,000,000 aggregate o "Umbrella" Liability - $1,000,000 per occurrence with drop down coverage o Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate • Additional insured —The Owner shall be named as an additional insured on the Commercial General Liability (Public), Owner's Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor. Please see the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, Item 107.2 for indemnification requirements. 2-8 Contract Documents ACORD CERTIFICATE OF LIABILITY INSURANCE DATE ' 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Debrah Cherry K & S Insurance Agency PHONE (972)771-4071 (A/C.No.Extl: IAI .No1:(972)771-4695 2255 Ridge Road, Ste. 333 E-MAILss:dcherry @kandsins.com P. 0. Box 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA:The Cincinnati Casualty Co. INSURED INSURERB:TeXas Mutual Insurance Co. 22945 JDK Associates, Inc. INSURERC: P. O. Box 557 INSURERD: INSURER E: Pilot Point TX 76258-0557 INSURERF: COVERAGES CERTIFICATE NUMBER:13/14 WC 12/13 G/L 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 SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE X OCCUR EPP0077634 5/5/2012 5/5/2013 MED EXP(Any one person) $ 10,000 X Additional Insured GA233 2/07 PERSONAL&ADV INJURY $ 1,000,000 X Waiver of Subrogation GA233 2/07 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED EBA0077634 5/5/2012 5/5/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON--OWNED PROPERTY DAMAGE $ (Per accident) X Al& WOS AA4171 11/05,AA4172 9/09 Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ EPP0077634 5/5/2012 5/5/2013 $ B WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N X TORY LIMITS, ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? W NIA E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) - TSF0001153672 2/18/2013 2/18/2014 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under WC420304A 1/00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:Andy Brown Park East & Alex Drive Canal, Bid #Q-0213-01. See above listing of additonal insured and waiver of subrogation endorsement forms. - CERTIFICATE HOLDER CANCELLATION 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. P. O. Box 9478 Coppell, TX 75019 AUTHORIZED REPRESENTATIVE R Daiker-1/CHERYL l-ci. ... X-e-, ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025l9ninn51 ni The A(:ARrI name 2 nd Innn are renichererl martrc of A(7IRrl THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage(Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured -Specified Relationships: 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds -Specified Health Care Services: 14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage . Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per damages only if the act, er- son for whose acts the in- sured is legally liable, to gently committed in the which this insurance ap administration of your plies. We will have the right "employee benefit pro and duty to defend the in- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- suit. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or orris- and Similar Laws sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of fiduci- "Bodily injury", "property liability imposed on a fiduci- Y 1 ry" P P y ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under Q) Employment-Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1 Failure of any invest- evaluation, reassign- 1) Y ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina formation on past per lion or other employ Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of(1), (2) or trustees. (3)above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your SECTION I - COVERAGES, "employee benefit program" SUPPLEMENTARY PAY- if you die, only until your ap- MENTS - COVERAGES A AND legal al representative ntaative is ap pointed. B also apply to this Coverage. (c) Your legal representative if b. Who is an Insured you die, but only with re- As respects Employee Benefit Liabil spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a part- • (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint yen- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- sureds, but only with re- c. Limits of Insurance spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: • or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all damages because of acts, er against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon (a) An act, error or omission;or notification of the action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, Li- negligently committed in the As respects Employee Benefit Lneglig "administration" of your "ern- ability Coverage, SECTION IV - y COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit Our obligation to pay dam- a. You must see to it that we are noti- (a) a es on behalf of pay d m- fied as soon as practicable of an act, g error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible, ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured,you must: • If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this method also. Under (2) Notify us as soon as practicable. this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. (2) Authorize us to obtain records Under this method, ( ) each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi applicable limit of in- - or settlement of the claim surance to the total ap- gation defense against the "suit"; ance of all incable llmns surree irs.. and ance (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not • against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of this Coverage Part. sured's own cost, voluntarily make a payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- • below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams"; or other insurance by the method described in b. d. Effecting, continuing or below. terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' corn- in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll de- sence programs, in- ductions; or cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means ceeding in which money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding"Employee benefit pro- ceeding in which such damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro- ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe per- such "ee means 8. "Employee" er- to such benefits and P Y such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, dude a"temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an "em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, • a. The last Subparagraph of Paragraph shrinking or ex- 2. SECTION I - COVERAGES, pansion; or COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c.through q.do not apply secretions, , in- Exclusions birds, ro- to damage by fire, explosion, light- dents or other ping, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are 2) Water that backs up or both rented to and occupied by you. ) P overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or • I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted and the following are added: b) waheeemen , wther paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for"property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B. Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or Up to the Insurance,limit shown 4.a. Bail Bonds Control Liability Coverage of this endorsement with respect to cover- of this endorsement for cost of bail bonds required because of accidents age provided by this endorsement. or traffic law violations arising out of These limits are inclusive im t being i and re- the use of any vehicle to which the in addition to the smof Insurance re Bodily Injury Liability Coverage ap- placed. The Limits of Insurance plies. We do not have to furnish shown in Section B. Limits of Insur- these bonds. ante, 6. Voluntary Property Dam- these and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing "suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- fied Our obligation to pay damages fied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Coy- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement; or (2) Condition 2.Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- "suit"irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations Hod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense Subparagraph a. of Paragraph 4. is to which this insurance hereby deleted and replaced by the fol- apply; and lowing: (b) They are not specifically a. Insurance under this provision is of named as an additional in forded only until the 180th day after sured under any other pro- you acquire or form the organization vision of, or endorsement or the end of the policy period, added to, this Coverage whichever is earlier; Part. 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with • injury or damage arising out of your on- whom you have agreed per going operations or"your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request,the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except • dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product; apply to: g) Products which, a) "Bodily injury" or after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property dam- age" or "personal and b) When liability in- aris- cluded within the advertising injury" aris- ing out of operations "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your (d) Any state or political subdi- work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but • or political subdivision has in no event beyond the ex- issued a permit in connec piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, ( )3 Any insurance provided to an manholes, marquees, additional insured designated hoist away openings, under Para graph 9.a. 2 g sidewalk vaults, street 9 P ( ) banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury"or"property damage" 2) The construction, erec included within the "prod- tion, or removal of ele ucts-completed operations vators;or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and (f)does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and • advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur issued a permit. ) g nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an additional insured by 3) Your work" for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. • b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought; or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse ages on your behalf applies ment is attached. If, how- only to the amount of dam- ever, the written contract or y agreement specifies the In- ages for each "occurrence" surance Services Office which are in excess of the additional insured form Deductible amount stated in number CG 20 10 but does Section B. Limits of Insur- not specify which edition, or ance, 11. of this endorse- specifies an edition that ment. The limits of insur does not exist, Paragraphs ance will not be reduced by 9.a.(3)(a) and 9.a.(3)(b) of the application of such De- this endorsement shall not ductible amount. apply and Paragraph 9.b. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability-Work plies to each claim or "suit" Within 50' of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all Definition 12. "Insured contract" (SEC- of the deductible amount to TION V-DEFINITIONS)is deleted. effect settlement of any claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en b. Emergency Medical Technicians; or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this h a. of Condition 2. Duties in Paragraph endorsement. These limits are 9 p inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION IV- COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- nesses;You must see to it that we are noti- fied and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of • may result in a claim. To the extent the"occurrence"or offense. possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the "occurrence" or offense is known currence"or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, Endorsement Effective: Policy Number: 05-05-2012 ESA 007 76 34 Named Insured: JDK ASSOCIATES INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for 'bodily injury" or SECTION IV B AUTO CONDI- "property damage"arising out of the operation SECTI SECTION Loss BUSINESS SINES Conditions, 5. Transfer I- of a covered "auto"when you have assumed Rights of Recovery Against Others to Us is damage"for ndeh noddy injury" or "property g Y g damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in- against any person or organization because sured contract", AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 05-05-2012 ESA 007 76 34 Named Insured: JOE ASSOCXATES INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy, This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or'property damage". AA 4171 11 05 MATERIAL COVERAGE CHANGE OR CANCELLATION NOTIFICATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY BUSINESS AUTO COVERAGE PART CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART-CLAIMS-MADE SCHEDULE Name of Person or Organization: 1. for whom you are required in a written contract that was executed on or after the earlier of the following dates: a. the effective date of this policy, or b. the effective date of the original policy of which this policy is a renewal or replacement, and 2. for whom you are required in that same written contract as referred to in 1. above to provide cancellation notification. Mailing Address: On File with Agency Material Change Notification-Number of Days Provision is activated by checking the box(es): ® Cancellation Notification In the event of cancellation, we agree to mail or deliver notification to the first Named Insured and the person or organization shown in the Schedule, El Material Change Notification in the event of a material change in coverage requested by the insured or initiated by us which reduces or restricts coverage other than: (1) The reduction of aggregate limits through reserves or payments of claims;or (2) Routine automobile changes; we agree to mail or deliver notification to the person or entity shown on the Schedule. The notification will be at least the number of days shown in the Schedule before the effective date of the coverage change. IA 4087 10 01 iTexasiutuar InsuranceCompany WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on September 17 , 2012 at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001153672 20120218 of the Texas Mutual Insurance Company Issued to JDK ASSOCIATES I NC Endorsement No. 3 Premium$ 0 , Af-kt-- //4"--;gli.N ** Authorized Representative ** WC420601(ED.1-94) INSURED'S COPY WASENDRS 9-17-2012 / ® WORKER S'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY InsuranceCompany WC 42 03 04 A 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. ( ) Specific Waiver Name of person or organization • ( x ) 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 2.00 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 described. 4,Advance Premium INCLUDED, SEE !NFOf3MAT I ON PAGE, This endorsement changes the policy to which it Is attached effective on the inception date of the polioy unless a different date Is indfoated below. (The following"attaching clause"need be completed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001163672 of the Texas Mutual Insurance Company Issued to JOK ASSOCIATES !No 20130218 Endorsement No. Premium$ "" /"L ' Authorized Representative WC420304A(ED,1.01-2000) AGENT'S COPY QUSER 2-16-2012 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects,A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, JDK Associates,Inc, as Principal hereinafter called the Principal,and SureTec Insurance Company a corporation created and existing under the laws of the State of Texas whose principal office is in Houston,TX as Surety,hereinafter called the Surety,are held and firmly bound unto City of Carvell as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($5% GAB) for the payment of which sum,well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents Whereas,the Principal has submitted a bid for Erosion Control Improvements for Andy Brown Park East& Alex Drive Canal 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, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 21st day of February, 2013 JDK Associates, Inc. (Principal) By (SEAL) SureTec Insurance Company (Surety) By (SEAL) Jay Jordan Attorney-in-fact eoA th 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Richard W. Daiker,Tony Fierro,Jay Jordan,Johnny Moss,Steven W. Searcey, Robert J. Shuya,April M.Terbay,Mistie Beck,Jeremy Barnett, Robert G.Kanuth,Jade Porter its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force.until 12/31/zo14 and is made tinder and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. w,ti SURETEC INS 0 EC! 'ANY 6, X 9 1. By: •�' w()r co {2 John 0 Jr., •resident State of Texas ss: .2 4 4 j r County of Harris '` On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me latown,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. r iiytity .�` ��'a%s,, JACQUELYN MAIDONADO (((r 3•;' 1, Notary Public,State of Texas - 'y� My Commission Expires aCq rely aldo ado,Notary Public iiro.st comm sion ex • s May 18,2013 'ygiiori�P May 18,2013 i Y MI I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney arc in full force and effect. .. 1 Given under my hand and the seal of said Company at Houston, Texas this CJ I day o:F y��� �..r/(i • �'�C; C O( ^_�,A.D. 92J_____ , rialiL, 'IC' M.Brent Beaty,Assistant Secretary , Any Instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 5:00 am and 6:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi &Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. 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 Bond No.4390651 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That JDK Associates,Inc. whose address is 1016 North Industrial Blvd.,Pilot Point,TX 76258 _ , hereinafter called Principal, and SureTec Insurance Company , a corporation organized and existing under the laws of the State of Texas , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of One Million Two Hundred Fourlyt Five Thousand Two Hundred Two Dollars and 60/100 DOLLARS ($ 1,245,202.60 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the 26th of March , A.D. 2013, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of: EROSION CONTROL IMPROVEMENTS FOR ANDY BROWN PARK EAST & ALEX DRIVE CANAL PROJECT NO. MA10-09 Bid No. Q-0213-01 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 two (2) years 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 2-10 Contract Documents 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. 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 2 copies, each one of which shall be deemed an original, this the 26th day of March , 2013. PRINCIPAL SURETY JDK Associates,Inc. SureTec Insurance Company By: .! By: Jay or.an I / l Title: Attorney-i r a ATTES .... -4I ATTESZ Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notic and service of the process is: NAME: Jay Jordan ADDRESS: 2255 Ridge Road,Ste.333 Rockwall,TX 75087 NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2-11 Contract Documents PAYMENT BOND Bond No.4390651 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That JDK Associates,Inc. whose address is 1016 North Industrial Blvd.,Pilot Point,TX 76258 hereinafter called Principal, and SureTec Insurance Company a corporation organized and existing under the laws of the State of Texas , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of One Million Two Hundred Fourty Five Thousand Two Hundred Two Dollars and 60/100 DOLLARS ($ 2,545,202.60 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the 26th of March , A.D. 2013, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of: EROSION CONTROL IMPROVEMENTS FOR ANDY BROWN PARK EAST & ALEX DRIVE CANAL PROJECT NO. MA10-09 Bid No. Q-0213-01 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, 2-12 Contract Documents Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process 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 2 copies, each one of which shall be deemed an original, this the 26th day of March , 2013. PRINCIPAL SURETY JDK Associates,Inc. SureTec Insurance Company By: -64'. =11 = By: • et.,ne. Jay Jordan Title:3piL-r` .'i0.&S,yUC_:( gi66t,`F- Title: Attorney-i act ATTEST ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Jay Jordan ADDRESS: 2255 Ridge Road,Ste.333 Rockwall,TX 75087 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 Bond No.4390651 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That JDK Associates,Inc. whose address iS 1016 North Industrial Blvd.,Pilot Point,TX 76258 hereinafter called Principal, and SureTec Insurance Company a corporation organized under the laws of Texas , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell a Municipal Corporation, Texas, the sum of One Million Two Hundred Fourty Five Thousand Two Hundred Two Dollars Dollars and Sixty Cents ($ 1,245,202.60 ), 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 JDK Associates,Inc. has this day entered into a written contract with the said City of Coppell to build and construct Erosion Control Improvements for Andy Brown Park East & Alex Drive Canal (Project No. MA10-09), Bid No. Q-0213-01, 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 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 no further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the 2-14 Contract Documents 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 the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said JDK Associates,Inc. has caused these presents to be executed by and the said SureTec Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Jay Jordan , has hereunto set his hand, the 26th -day of March , 2013. PRINCIPAL SURETY JDK Associates,Inc. SureTec Insurance Company By: ( By: t Jay Jor.an ` �f Attorney-in- T t v Title s - cS,Z mac.--1 S d>D Title: WITNESS: ATTEST: am.r!1t/4 NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-15 Contract Documents POA#: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Richard W. Daiker,Tony Fierro,Jay Jordan,Johnny Moss,Steven W.Searcey, Robert J.Shuya,April M.Terbay,Mistie Beck,Jeremy Barnett, Robert G.Kanuth,Jade Porter its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force_until 12/31/2014 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`x'of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. SURETEC INS • E C! PANY /, 4q ��; By: � • I w,` >g John A ? Jr., 'resident �, 51za State of Texas ss: 7 I. 1 s, County of Harris `n ~�- -- On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public,State of Texas • '.,s My Commission Expires 6ldJPbIic May 18,2013 Iy comm sion ex s May 18,2013 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. ff, Given under my hand and the seal of said Company at Houston,Texas this 2 ` � day of �it ,7O 3 __,A.D. 9° L/4-11111 - '/ M.Brent Beaty,Assistant Secretary ' Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E • G 1 T Y O F COPPELL * * 0 A g 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" or "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" or "OWNER" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Consulting Engineer: Wherever the word "Consulting Engineer" or "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Teague Nall and Perkins, Inc., 17304 Preston Road, Suite 1340, Dallas, Texas 75252. Working Day: Add the following sentence to the end of the "Working Day" definition: "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 advance-notice is 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." 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 103.4 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-103.4.7.1 Add the following new item: "103.4.7.1 Teague Nall and Perkins, Inc. shall be included as an "Additional Insured" on all project liability insurance." ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC-103.6 Add following sentence to end of Item 103.6. 3-3 Standard Specifications Supplementary Conditions "Before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work." ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC-104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following phrase: "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, the Design Engineer has established and relied upon the following reports of exploration and tests of subgrade conditions at the site of the work: Geotechnical Engineering Study — Lake and Channel Investigation, Andy Brown Parkway Boulevard, Coppell, Texas, by CMJ Engineers, dated July 2012, and Geotechnical Investigation — Channel and Slope Evaluation, Andy Brown East Park, Coppell, Texas, by Reed Engineering Group, dated December 2005. Copies of these reports are available upon request. The CONTRACTOR may also take borings at the site to satisfy himself as to subsurface conditions." 3-4 Standard Specifications Supplementary Conditions ITEM 105.2 -WORKMANSHIP, WARRANTIES AND GUARANTEES SC-105.2.2 Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years". ITEM 105.4—CONSTRUCTION STAKES SC-105.4 Delete the first paragraph of Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Monumentation has been provided for establishing vertical and horizontal control. The CONTRACTOR shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the CONTRACTOR to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the ENGINEER shall not relieve the CONTRACTOR of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 107.3 - OWNER'S OFFICERS, EMPLOYEES OR AGENTS SC-107.3.2 Replace Item 107.3.2 with the following new paragraph: "107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The CONTRACTOR represents that no employee or officer of the City has an interest in the CONTRACTOR." 3-5 Standard Specifications Supplementary Conditions ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES SC-107.14 Delete the language in Item 107.14 in its entirety and substitute the following in lieu thereof: "Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives 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 arise out of CONTRACTOR's, OWNER's, ENGINEER's, Consulting Engineer's or any other person's actions, 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, 3-6 Standard Specifications Supplementary Conditions 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 108.8. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate contractor." ITEM 107.23— EXISTING STRUCTURES, FACILITIES AND APPURTENANCES SC-107.23.2.1 Add the following new Item 107.23.2.1 immediately after Item 107.23.2: "107.23.2.1 Existing Utilities and Sewer Lines: The CONTRACTOR shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract." ITEM 108.1 — PROGRESS SCHEDULE SC-108.1 Amend the first sentence of Item 108.1 by adding the following at the beginning of the sentence: "If requested by OWNER or ENGINEER". 3-7 Standard Specifications Supplementary Conditions ITEM 108.3 -OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-108.3 Delete the last sentence of the second paragraph of Item 108.3 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 ENGINEER, 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." ITEM 108.8 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC-108.8 Add the following at the end of the last paragraph in Item 108.8: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203—SITE PREPARATION: 203.3.2 Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the ENGINEER." ITEM 203.7 - EMBANKMENT: 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." 3-8 Standard Specifications Supplementary Conditions DIVISION 500: UNDERGROUND CONSTRUCTION AND APPURTENANCES ITEM 504.5 - EMBEDMENT: Under Item 504.5.3.2 Compaction: Amend the second sentence of Item 504.5.3.2.1 Densities - Areas Not Subjected to or Influenced by Vehicular Traffic, by striking the words: "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the ENGINEER." DIVISION 800: MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 803 —SLOPE AND CHANNEL PROTECTION: Under Item 803.3.3 Riprap Construction Methods: Add the following sentence to Item 803.3.3.6 Mortar Riprap: "Mortar or concrete type shall be approved by the ENGINEER and shall conform to A.S.T.M. C 387-83." 3-9 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E • C t T Y • O F COPPELL * * q A S I SPECIFIC PROJECT REQUIREMENTS The construction specifications, which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition. The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings (Construction Plans) and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TX.DOT Texas Department of Transportation C.D.G.S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas T.M.U.T.C.D. Texas Manual on Uniform Traffic Control Devices 4-2 Specific Project Requirements 1.1 OWNER: The "OWNER" or "City" as referred to in these Specifications is the City of Coppell, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said Owner to act in any particular position. 1.3 CONSULTING ENGINEER: Wherever the word "Consulting Engineer" or "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Teague Nall and Perkins, Inc., 17304 Preston Road, Suite 1340, Dallas, TX 75252. 1.4 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. 1.5 SITE: The CONTRACTOR shall limit his work to the area shown on the Project Drawings as within Andy Brown Park East and existing drainage easements. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.6 PROJECT DESCRIPTION: This work shall consist of constructing erosion control repairs and improvements. The project lies in and near Andy Brown Park East, and includes lake edge treatments around the central activity lake, both sides of the canal north of Parkway Blvd., and 700 If of the east bank south of Parkway Blvd. This project will include unclassified channel excavation, the construction of new retaining wall, the installation of geosynthetic soil stabilization, the installation and/or adjustment of related drainage facilities, 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 erosion control improvements as shown in the plans for Project No. MA10-09. 1.7 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 20 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 4-3 Specific Project Requirements 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 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 drainage construction work. Such delays or events and their potential impacts on performance by the CONTRACTOR are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the incentive payment set forth above. Further, any and all costs or impacts whatsoever incurred by the CONTRACTOR in accelerating the CONTRACTOR's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the CONTRACTOR successfully does so or not, shall be the sole responsibility of the CONTRACTOR in every instance. In the event the project is altered by work deleted, change orders, supplemental agreements, utility conflicts, design changes or defects, extra work, right of way issues, or other situations which are not the fault of or a direct result of CONTRACTOR negligence which may impact the critical path of the project construction schedule, the OWNER may choose to negotiate the extension or reduction of the Original Contract Time with the CONTRACTOR. In the event of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the OWNER) directly and substantially affecting the CONTRACTOR's operations on the Contract, the CONTRACTOR and the OWNER shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time, will be used in calculation of any incentive payment. In the event the CONTRACTOR and OWNER are unable to agree to the number of calendar days to extend the Original Contract Time, the OWNER shall unilaterally determine the number of calendar days to extend the Original contract Time reasonably and necessary and due solely to such catastrophic event and the CONTRACTOR shall have no right whatsoever to contest such determination, save and except that the CONTRACTOR establishes that the number of calendar days determined by the OWNER were arbitrary or without any reasonable basis. The CONTRACTOR shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Provision. As 4-4 Specific Project Requirements 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, 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, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgement of satisfaction shall be all-inclusive and absolute, save and except any routine OWNER final estimating quantity adjustments. Should the CONTRACTOR fail to actually complete the Contract and obtain final acceptance by the OWNER prior to expiration of the Original Contract Time, or should the CONTRACTOR, having timely completed the Contract and obtained final acceptance by the OWNER prior to expiration of the Original Contract Time, but having failed to timely request the incentive payment for any reason, and including but not limited to the CONTRACTOR choosing not to fully waive, release and acknowledge satisfaction as set forth in (2) above, the CONTRACTOR shall have no right to any payment whatsoever under this Article. Notwithstanding the CONTRACTOR's election or non-election of the incentive under this provision, the disincentive provision applies to all circumstances where the work in the Contract is not finally accepted by the Original Contract Time. Should the CONTRACTOR fail to complete the Contract on or before the expiration of the Original Contract Time, as adjusted in accordance with the provisions above, the OWNER shall deduct from the moneys due the CONTRACTOR the Daily Value specified in the Contract Documents for each 4-5 Specific Project Requirements 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. 1.8 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. 1.9 SOIL INVESTIGATION: Two geotechnical investigation reports have been prepared for the project and will be made available to the CONTRACTOR upon request. The CONTRACTOR shall also visit the site and acquaint himself with the site conditions. 1.10 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. 1.11 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. 1.12 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 4-6 Specific Project Requirements 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. 1.13 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. 1.14 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. 1.15 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. 1.16 WARNING DEVICES: The CONTRACTOR shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the CONTRACTOR for the installation or maintenance of any warning devices, barricades, signs or any other precautionary measures needed for the protection of persons or property under pay item "General Site Preparation." The CONTRACTOR shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. 4-7 Specific Project Requirements 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 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 entitled, "General Site Preparation." 1.17 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site, the CONTRACTOR understands and accepts the following conditions: a. Prior to any excavation, the CONTRACTOR shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the CONTRACTOR will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The CONTRACTOR shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The CONTRACTOR shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of this operations. 4-8 Specific Project Requirements e. To avoid unnecessary interferences or delays, the CONTRACTOR shall coordinate all utility removals, replacements and construction directly with the appropriate utility company. 1.18 DRAINAGE: The CONTRACTOR shall maintain adequate drainage along the project and provide for positive drainage from adjoining properties, at all times. 1.19 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. 1.20 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 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. 1.21 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. 1.22 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashing's, brush or other debris removed from the site prior 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. 1.23 WATER FOR CONSTRUCTION: The CONTRACTOR shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The CONTRACTOR shall provide water as required at his own expense. 4-9 Specific Project Requirements 1.24 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. 4-10 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. 4-11 Specific Project Requirements 4. Conformance with specifications. C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with ENGINEER's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the CONTRACTOR requires, plus two that will be retained by the ENGINEER. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier c. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on re-submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a\coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawing lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a register engineer on all structural submittals. 4-12 Specific Project Requirements 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 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. 4-13 Specific Project Requirements SECTION 5 DESCRIPTION OF PAY ITEMS T H E C IT COFE'ELL O F * ...„.,z:„.,,T 4. . .4, AS 189 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 contemplated and required under each of the Pay Items. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any existing signs; (b) removal of spoils; (c) water for construction; (d) construction staking and/or layout; (e) surveying to re-establish grade; (f) maintenance of streets during construction; (g) sprinkling for dust control; (h) project trailer, if needed; and/or (i) any other incidentals necessary to complete the work, whether directly called out within the plans or implied. 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. 1. Pay Item — Mobilization: (Items 1, 21, and 31) This pay item shall include the mobilization and demobilization efforts required for the construction of the project. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Mobilization shall be defined as all necessary equipment, offices, supplies, materials, and personnel on the job site ready to begin construction. Note: The total amount bid for Mobilization & Demobilization shall not exceed five percent (5%) of the Total Amount Bid, exclusive of this pay item (Adjusted Contract Amount). Measurement and payment shall be as follows: Ten percent (10%) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount completed. Prorated payment shall be determined on the basis of the following: When 10% of the adjusted contract amount has been earned, 35% of lump sum bid for mobilization, less retainage, will be paid. When 50% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 75% of the adjusted contract 5-2 Description of Pay Items amount has been earned, 100% of the lump sum bid for mobilization, less retainage, will be paid. Payment shall be total compensation for furnishing all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2. Pay Item — Furnish & Install Project Signs: (Items 2, 22, and 32) This pay item shall consist of the installation of a project signage in the following locations: the south (Parkway Blvd. parking lot) and east (Moore Rd. parking lot) entrances of Andy Brown Park East and at the Parkway Blvd. bridge (3 total project signs). 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 the 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. 3. Pay Item — Dewatering and Pumping: (Items 3, 23, and 33) This pay item shall include the pumping and dewatering efforts required for the construction of the project. This pay item shall be inclusive of any and all pumping and dewatering associated with the project. Measurement and payment shall be as follows: Fifty percent (50%) of the amount bid shall be paid upon the first dewatering. The remaining amount will be paid monthly over the remainder of the contract time bid. Payment shall be made on the basis of the price bid per lump sum (LS) amount. Payment shall be total compensation for furnishing all labor, materials, tools, equipment and other incidentals necessary to complete the work. 4. Pay Item —General Site Preparation: (Items 4, 24, 34) This work includes the clearing & grubbing, and removal & trimming of vegetation in all areas within the project limits requiring such work, including work within Andy Brown Park East, the Alex Drive Canal drainage easement, 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. Any tree labeled for removal in the plans shall be confirmed with the Engineer prior to removal. Tree removal shall include all pruning, felling, stump removal, mulching of leaves and limbs necessary to safely remove any tree approved for removal. Once work has commenced on the removal of a tree approved for removal, it shall not cease until the remnants of the tree are completely mulched and lawfully removed from the project site. All debris and mulch from the removal of trees shall be disposed of in a legal manner. This item shall also include the protection of any trees, shrubs, fences, structures, signs or other items that are to be preserved and/or relocated as shown on the plans. 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. 5-3 Description of Pay Items 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. Removal of landscape improvements shall be considered subsidiary to this pay item. This item also includes any work platform necessary to construct the project, whether called out on the plans or otherwise. The means, methods, and materials of the work platform are at the contractor's discretion, so long as the wall is constructed in accordance with the plans, details, and technical specifications. The work platform shown on the plans for Unit B is one alternative method, and is not mandatory. All work platform materials shall be removed from the site prior to completing construction, and finished to the lines and grades shown on the plans. This work shall also include: (a) The removal of all existing drainage pipe, culverts, headwalls and other related drainage structures and/or appurtenances; (b)Any grading activities (excavation or fill) deemed necessary to prepare the proposed grades of the block wall leveling pad; (c) Tree removal or pruning either called out on the plans or otherwise, (d) Tree protection, (e) Video documentation of the existing project conditions prior to beginning construction. 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) for Unit A.1, Unit A.2, and Unit B, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Payment shall be prorated based on the percentage of the project length completed for each respective Unit, as determined by the Engineer. 5. Pay Item — Remove & Dispose Existing Concrete Trail Pavement: This work includes the removal and disposal of existing concrete pavement at the locations and limits shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. Concrete to be removed shall be sawed full-depth through the existing reinforcement along even straight lines leaving a clean vertical side, as shown on the plans or as established by the Engineer, in accordance with NCTCOG Item 402.3. Any existing improvements beyond these limits, which are damaged or destroyed by the construction shall be re-sawed, removed and replaced at the Contractor's expense. 5-4 Description of Pay Items Once concrete improvements are removed, exposed surfaces that will interface with new concrete pavement shall be roughened to allow adequate bonding of new concrete. Epoxy grout#3x18" dowel bars into end of existing sidewalk concrete (18" o.c.). This operation shall be inspected and approved by the Engineer prior to placement of new concrete. The thickness of the existing concrete is unknown. All spoils shall be removed from the project site at the Contractor's expense. 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 foot (SF) 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. 6. Pay Item — Unclassified Channel Excavation: (Items 6, 25, and 35) This work includes the excavation and/or re-grading of the lake edge or earthen canal bottom at the locations shown in the construction plans or as determined by the Engineer as per NCTCOG Item 203.5 and the City of Coppell Standard Construction Details. Payment shall include the removal and proper utilization or disposal of all excavated materials, constructing, shaping and finishing of all earthwork involved. All excavation shall be considered unclassified excavation. The plans quantity was calculated based on the difference of the existing grade and proposed grade around the lake edge (in front of wall face) and along the canal (between wall faces). This is a "Plans Quantity" item and will not be measured unless there are revisions to the scope of work. Payment for work performed and materials furnished related to the excavation, as provided herein, shall be made on the basis of the price bid per cubic yard (CY) for unclassified excavation and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 7. Pay Item —Construct 6" Reinforced Concrete Trail (10-Foot Wide): This work includes construction of concrete 10' wide trails and the fishing pier approach sidewalk 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 the trails 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. Measurement and payment for reinforced concrete trail work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square foot (SF) 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. 5-5 Description of Pay Items 8. Pay Item —Construct 6" Reinforced Concrete Rip-Rap: (Items 8 and 36) This work includes construction of concrete rip-rap 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 the rip-rap 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. For bidding purposes only, stamped concrete shall be Ashlar Slate pattern, tan concrete color. Final pattern and color to be approved by city prior to construction. Measurement and payment for reinforced concrete rip-rap 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. 9. Pay Item —Construct Concrete Segmental Retaining Wall (Items 9, 26, and 37) This work includes the complete in place construction of concrete segmental retaining wall in locations shown on the Drawings. The wall shall be furnished & installed in accordance with applicable items in the NCTCOG standard specifications and the Technical Specification included in these construction documents. The Contractor is responsible for providing the Engineer with available color options for the retaining wall prior to construction. The Engineer will select the color to be used. Measurement and payment for construction of the variable height retaining wall shall be per face-foot (FF) and shall include all labor, equipment and materials necessary to complete the work. Measurement of segmental retaining wall shall be on an installed square foot basis computed on the total face area of wall installed. Wall face area includes from the bottom of the embedded base wall unit to the top of the wall, including cap unit, and the entire length of the wall. Payment for the wall will be made on a square foot basis at the agreed upon Contract Unit Price, for all labor, materials, and equipment required to install the wall in accordance with these specifications and the Drawings. Quantities may vary from that shown on the Drawings depending on existing topography. Change to the total quantity of wall face area will be paid or withheld at the agreed upon Contract Unit Price. 10. Pay Item — Furnish & Install Rock Riprap: (Items 10 and 38) This work includes the construction of rock riprap at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including the City of Coppell Standard Construction Details and NCTCOG Item 803.3. All locations where riprap is to be 5-6 Description of Pay Items installed shall be over-excavated the depth of the rip rap so that the riprap is flush with the adjacent ground. A rock rip-rap splash pad shall be constructed at all storm drain outfalls into the lake or canal, including submerged pipes, and any pipes that may not have rip-rap shown on the plans. Measurement and payment for work performed and materials furnished related to the construction of the riprap, as provided herein, shall be made on the basis of the price bid per cubic yard (CY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 11. Pay Item — Furnish & Install Large Rock Riprap: (Items 11 and 27) This work includes the construction of rock riprap at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including the City of Coppell Standard Construction Details and NCTCOG Item 803.3. All locations where riprap is to be installed shall be over-excavated the depth of the rip rap so that the riprap is flush with the adjacent ground. Measurement and payment for work performed and materials furnished related to the construction of the riprap, as provided herein, shall be made on the basis of the price bid per cubic yard (CY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 12. Pay Item — Furnish and Install Geoweb Slope Protection: (Items 12 and 39) This work includes the construction of Geoweb slope protection at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including the City of Coppell Standard Construction Details. All locations where Geoweb is to be installed shall be over- excavated the depth of the slope protection so the finished grade will match the adjacent ground or structure. Any sod placed on top of Geoweb slope protection is subsidiary to pay item "Restore Disturbed Areas." All other work related to subgrade preparation, installation, and backfill of the Geoweb slope protection is subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the construction of the slope protection, 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. 13. Pay Item — Construct Reinforced Concrete Toe Wall: (Items 13 and 28) This work includes construction of concrete toe wall 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 the toe wall shall be 5-7 Description of Pay Items 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. Measurement and payment for concrete toe wall work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per linear foot (LF) in accordance with NCTCOG Item 802.2, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 14. Pay Item — Replace Pedestrian Bridge Decking (10' Wide): This work includes removing and replacing the timber decking on the pedestrian bridge located in Unit Al. This item includes all labor, materials, and workmanship necessary to remove and dispose of existing decking, and install new timber decking as shown on the plans. Measurement and payment for bridge decking work performed and materials furnished completed and in place 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. 15. Pay Item — Construct Safety Rail Fence (for Wall) This work includes the complete in place construction of safety rail fence in locations shown on the plans. This item pertains to safety rail fence located anywhere except on the fishing pier. All safety rail fence shall either be installed in concrete rip-rap or have an 18" wide, concrete mow strip. The concrete shall be 4" thick and reinforced with welded wire fabric (WWF 4x4-W2.0xW2.0 or equal), and the fence posts shall be centered on the 18" dimension. The post sleeves required in the segmental retaining wall stabilized aggregate are subsidiary to "Concrete Segmental Retaining Wall." This item includes all labor and materials necessary to install railing posts into the pre-installed sleeves, and any anchoring measures required above the stabilized aggregate. Measurement and payment for work performed and materials furnished related to the construction of Safety Rail Fence (for wall), 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. 16. Pay Item — Construct Safety Rail Fence (for Fishing Pier) This work includes the complete in place construction of safety rail fence in locations shown on the plans. This item pertains only to safety rail fence located on the fishing pier. 5-8 Description of Pay Items Measurement and payment for work performed and materials furnished related to the construction of Safety Rail Fence (for fishing pier), 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. 17. Pay Item — Furnish and Replace Fishing Pier Pontoon This work includes the complete in place construction of fishing pier pontoons, including the removal and disposal of any damaged units. The actual number of damaged units is unknown. Prior to draining the lake the fishing pier should be properly anchored and shored up to allow for the inspection and replacement work as necessary. Measurement and payment for work performed and materials furnished related to the Replacement of Fishing Pier Pontoons, 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. Quantities may vary from that shown on the plans. 18. Pay Item — Furnish and Install Reinforced Concrete Pipe - 18" and 21" (Items 18 and 42) This work includes the complete in place construction of reinforced concrete pipe. Pipe shall be Class Ill. Measurement and payment for work performed and materials furnished related to installing reinforced concrete pipe, 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. Quantities may vary from that shown on the plans. 19. Pay Item — Furnish, Install, Maintain and Remove Erosion Controls: (Items 19, 29, and 43) 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's (TCEQ) permitting procedures and requirements for construction projects that disturb one (1) or more acres. Under the Texas Pollution Discharge Elimination System (TPDES) general construction permit TXR 150000, the operator with control of construction plans and specifications (Owner) and the operator with day-to-day operational control (Contractor) are required to obtain a permit for the discharge of storm water runoff. The Contractor shall be required to prepare and implement a single comprehensive site specific Storm Water Pollution Prevention Plan (SWP3) for the entire construction site. The Owner and the Contractor shall independently: (1) sign the SWP3, (2) submit an NOI, and (3) post a site notice as part of the permit. The SWP3 must describe and insure the implementation of best management 5-9 Description of Pay Items practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and insure compliance with the terms and conditions of the permit. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. The SWP3 shall be subject to approval by the Owner and must be retained on-site during the term of the construction. Notice must be posted if the SWP3 is retained off-site. A Texas Registered Professional Engineer must sign and seal the Erosion Control Plan (ECP) submitted as part of the SWP3. The Owner and Contractor shall independently submit a Notice of Termination upon completion of the project. Measurement and payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWP3. This includes any necessary revisions to the Erosion Control Plan throughout the term of construction and the installation, sequencing, and maintenance of structural control measures throughout the duration of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Payment shall be prorated throughout the term of construction based on the percentage of the project complete. 20. Pay Item — Restore Disturbed Areas: (Items 20, 30, and 44) This work includes all work, materials and incidentals necessary to restore all areas that are disturbed by construction 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, 202.6 & 202.7. 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, so as to create positive drainage to the adjacent lake or canal. Any existing landscape improvements, 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. The bid quantity is based on the following assumed areas: Unit Al: All areas between the back of wall (or water's edge on Geoweb) and the concrete trail, or daylight line where applicable. Unit A2: Twenty-five feet along both banks for the full length of the Unit. Unit B: The entire area between the back of wall and the adjacent fence line or 25' from back of wall, whichever is closer. 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. 5-10 Description of Pay Items Measurement and Payment for project restoration work performed and materials furnished complete and in place 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, including watering, fertilizing, mowing and maintenance of the restored areas. 39. Pay Item — Furnish and Install 4' Tall Ameristar Welded Steel Fence (at Gate) This work includes the complete in place construction of welded steel fence in locations shown on the plans. This item includes an 18 inch wide reinforced concrete mow strip (posts centered on strip), and reinforced with welded wire fabric (WWF 4x4-W2.0xW2.0 or equal). Measurement and payment for work performed and materials furnished related to the construction of 4' tall fence, 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. 40. Pay Item — Furnish and Install 10' Double Gate -Ameristar Welded Steel This work includes the complete in place construction of a 10' Double Gate (welded steel) in the location shown on the plans. This item includes a 4 inch thick, 18 inch wide reinforced concrete mow strip (posts centered on strip) under the gate, reinforced with welded wire fabric (WWF 4x4-W2.0xW2.0 or equal). Measurement and payment for work performed and materials furnished related to the construction of 10' Double Gate, 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. 5-11 Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS T H E C 1 T Y O F COPPELL A 5' , 8 6-3 Technical Specifications CITY OF COPPELL PROJECT SIGN r— —r—.6" r . . L COPPELL c l CO.C LL Tp A T $ � CT0 AIDE,I E ( ) w mma 4NThACTOR`S � *.-C«xc (�gsAx aRUO 1 , � 't: GJT kAll ( JC1 UMBER) -I . 4 "` ' COTE ACTOR: CONTRACTORS( NA E 7,1 ' " '°N C ONTNACTOR'S PHONE NUEIEIR e. COriPLETIOK DATE: SIASORVYEAR Nc'net c''"-5-1' *-1 w, 1 iI c t .. * eiAlURA4 COMO ,, ,, NOTES: 1) LETTERING SHOULD BE BOLD TYPE 2) SIGN PANEL WILL BE 3/4" EXTERIOR PLYWOOD PAINTED AS SHOWN ON DETAIL 3) FRAME WILL BE 2'"X4" STOCK— REINFORCED BEHIND SIGN PANEL AT APPROX. 2" CENTERS 4) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROVIDED BY THE CITY EXAMPLE: NTY BE' (I CV rEirt COPPELL FOB I F A TION COST T T: CO ACCTOR's , if *\ $ t‘,ONOPECTIR NUMBER:MOE 172 BETHEL RD PROJECT (ST 03-01 CONTRACTOR: 44## 1001M WIVE co WU PAIL') COMPLETION DATE: XXXXXX 200X . 6-4 Technical Specifications TECHNICAL SPECIFICATION TS-1 CONCRETE SEGMENTAL RETAINING WALL SYSTEM 1. Concrete Retaining Wall Units: Diamond Pro Stone Cut 3 Piece Series Retaining Wall Units (18"W x 8" H x 12"D, 11"W x 8" H x 12"D, 7"W x 8" H x 12"D) as manufactured by Pavestone Company(Alan Starling—817-637-4122) under license from Anchor Wall Systems. 2. Leveling Pad Base a. Aggregate Base: Crushed stone or granular fill meeting the following gradation as determined in accordance with ASTM D448: Sieve Size Percent Passing 1 Inch 100 No. 4 35to70 No. 40 10 to 35 No. 200 3 to 10 b. Base Thickness: 10 inches (minimum compacted thickness). 3. Backfill material-stabilized aggregate: a. Stabilized aggregate is obtained by the elimination of fine and medium aggregates from normal concrete mix. The purpose is to formulate a mix design of clean stone, cement and water that creates a permeable homogeneous zone (mass) when placed behind the retaining wall units. b. Cementitious Materials 1. Use materials meeting the following requirements Hydraulic cement: ASTM C 150 or ASTM C 1157 ii. Fly ash: ASTM C 618 iii. Slag: ASTM C 989 2. Normal-weight aggregate: ASTM C 33, number 6, 8 or 57 3. Water: Potable 4. Chemical admixtures: Air entraining: ASTM C 260 ii. Water reducers, accelerating and retarding: ASTM C 494 iii. Admixtures with no standard designation shall be used only with the permission of the design professional when its use for specific properties is required. c. Structural Backfill 1. Application: Retaining wall backfill 2. Exposure: Possible sulfate, depending on soil-specific conditions 3. Air content: Not applicable; however, the contractor, installer and/or manufacturer may choose to include air entrainment 4. Maximum water-cementitious materials ratio by weight: 0.5 d. Aggregate size — 1" (inch) crushed stone (Not less than 1/2 inch) e. Compressive strength - not less than 1500 PSI f. Aggregate cement ratio approximately 6:1 to 7:1 g. Water content - approximately 5 gallons of water for a bag of cement (100 lb) h. Typical mix design using absolute volumes 6-5 Technical Specifications This mix design is only an example. The actual mix design will need to be provided by the local supplier and will vary depending on local materials. Guideline: A mix design will have an approximate stone to cement ratio of 6:1 or 7:1. Aggregate size is typically 0.5-to 1-inch. About 5 gallons of water are added to 100 pounds of cement. 1. Assuming 25% voids 2. Specific gravity of cement—3.15 3. Specific gravity of fly ash —2.5 4. Specific gravity of aggregates —2.62 5. Cement weight—400 pounds 6. Water weight— 166 pounds 7. Aggregate weight—2,540 pounds 4. Impervious Material: Clayey soil or other similar material which will prevent percolation into the drainage zone behind the wall. 5. Drainage Pipe: Perforated or slotted PVC or corrugated HDPE pipe manufactured in accordance with D3034 and/or ASTM F405. Perforations shall be face down with no filter fabric sleeve over the pipe. 6. Construction Adhesive: Exterior grade adhesive as recommended by the retaining wall manufacturer. FOUNDATION SOIL NOTES 1. Excavate foundation soil as required for footing or base dimension shown on the Drawings. 2. The subgrade should be proof rolled to detect soft spots, which if exist, should be reworked to provide a firm and otherwise suitable subgrade. The subgrade should be able to support the construction equipment without displacement. 3. Prior to placing the leveling pad, the subgrade should be scarified to a minimum depth of 8 inches, its moisture content adjusted, and re-compacted to a minimum of 95 percent of the maximum dry density determined by the Standard Proctor test, ASTM D 698. The moisture content should range from (-)2 to (+)5 percentage points of optimum. 4. The Owner may retain the services of a geotechnical engineer to determine if the foundation soils will require special treatment or correction to control total and differential settlement. 5. Fill over-excavated areas with suitable compacted backfill, as recommended by the Project geotechnical engineer. BASE COURSE NOTES 1. Place base materials to the depths and widths shown on the Drawings, upon undisturbed soils, or foundation soils prepared as directed by the project geotechnical engineer. a. Extend the leveling pad laterally at least 6 inches in front and behind the lowermost concrete retaining wall unit. b. Provide aggregate base compacted to 6 inches thick (minimum). 2. Compact aggregate base material to provide a level, hard surface on which to place the first course of units. 3. Prepare base materials to ensure complete contact with retaining wall units. Gaps are not allowed. 6-6 Technical Specifications ERECTION NOTES 1. Excavation support, if required, is the responsibility of the Contractor, including the stability of the excavation and its influence on adjacent properties and structures. 2. General: Erect units in accordance with manufacturer's instructions and recommendations, and as specified herein. 3. Place first course of concrete wall units on the prepared base material. Check units for level and alignment. Maintain the same elevation at the top of each unit within each section of the base course. 4. Ensure that foundation units are in full contact with natural or compacted soil base. 5. Place concrete wall unit's side-by-side for full length of wall alignment. Alignment may be done by using a string line measured from the back of the block. Gaps are not allowed between the foundation concrete wall units. 6. Fill voids between and within retaining wall units with stabilized aggregate. Cap the backfill and drainage aggregate zone with 9 inches of impervious material. 7. Install drainage pipe at the lowest elevation possible, to maintain gravity flow of water to outside of the reinforced zone. Slope the main collection drainage pipe, located just behind the concrete retaining wall units, 2 percent (minimum) to provide gravity flow to the daylighted areas. Daylight the main collection drainage pipe to an appropriate location away from the wall system at each low point or at 50 foot (maximum) intervals along the wall. Note: The drain pipe should discharge below the normal pool elevation and near the finished grade of the lake or canal at the face of wall. 8. Remove excess fill from top of units and install next course. 9. Check each course for level and alignment. Adjust units as necessary with reinforcement shims to maintain level, alignment, and setback prior to proceeding with each additional course. 10. Install each succeeding course. Pull the units forward until the locating surface of the unit contacts the locating surface of the units in the preceding course. Interlock wall segments that meet at corners by overlapping successive courses. Secure concrete retaining wall units at exterior corners with adhesive as recommended by the manufacturer. STABILIZED AGGREGATE BACKFILL PLACEMENT NOT ES 1. Install filter fabric around the bottom, back (bank side), and top of the stabilized aggregate, so as to prevent fines from clogging the porous openings in the aggregate. 2. Install geosynthetic reinforcement at the bottom of the first lift of stabilized aggregate and successive layers between each lift thereafter. 3. Place stabilized aggregate backfill in 2 ft maximum lifts, taking care to not over load the pre-stacked block column. 4. Ensure that stabilized aggregate is placed in voids between all units and in the cores of all units. 5. The bonds between wall units and stabilized aggregate should be maintained throughout the wall. 6. In the unlikely event that cement paste seeps through the wall face, remove it prior to it setting up. 7. The stabilized aggregate backfill should be covered by a 6" thickness of impervious soil layer to prevent entering of surface water. CAP UNIT INSTALLATION NOTES 1. Apply adhesive to the top surface of the unit below and place the cap unit into desired position. 2. Cut cap units as necessary to obtain the proper fit. 6-7 Technical Specifications 3. Backfill and compact low permeability soil. The finished grade indicated on the plans shall match the top of the cap unit. WALL CONSTRUCTION TOLERANCE NOTES 1. Wall Construction Tolerances: a. Vertical Alignment: Plus or minus 1-1/4 inches over any 10-foot distance, with a maximum differential of 3 inches over the length of the wall. b. Horizontal Location Control from Wall Plan Sheets: Contractor shall stake the wall alignment, as shown on the plans, for a given wall segment and schedule a walk through inspection with the Owner and Engineer. Each segment of construction stakes shall be approved by the Owner and/or Engineer prior to installing the wall. i. Straight Lines: Plus or minus 1-1/4 inches over any 10-foot distance, with a maximum differential of 3 inches over the length of the wall. ii. Corner and Radius Locations: Plus or minus 12 inches, when indicated on the plans. iii. Curves and Serpentine Radii: Plus or minus 2 feet, when indicated on the pains. c. Immediate Post Construction Wall Batter: Within 2 degrees of the design batter of the concrete retaining wall units. d. Bulging: Plus or minus 1-1/4 inches over any 10-foot distance. FIELD QUALITY CONTROL NOTES 1. Any inspection of any of the components of the segmental retaining wall system is up to the discretion of the Owner or Engineer. 2. Correct work which does not meet these specifications or the requirements shown on the Drawings at the installer's expense. UTILITY NOTES 1. If utilities are located within the proposed reinforced zone the Engineer must be notified prior to construction of the segmental retaining walls to review the design and/or plans. Modifications to the design and/or plans may be required. 6-8 Technical Specifications TECHNICAL SPECIFICATION TS-2 GEOWEB CELLULAR CONFINEMENT SYSTEM PART I GENERAL 1.1 SUMMARY A. Work Included: This Section includes providing all material, labor, tools and equipment for installation of Cellular Confinement System as shown in the Contract Documents and as specified in this Section. B. The Cellular Confinement System shall be used for slope protection. 1.2 REFERENCES A. American Association of State Highway and Transportation Officials (AASHTO) 1. AASHTO M 218 -Steel Sheet, Zinc-Coated (Galvanized) for Corrugated Steel Pipe. 2. AASHTO M 288-Geotextile Specification for Highway Applications B. American Society of Testing and Materials (ASTM) 1. ASTM D 1505 - Density of Plastics by the Density-Gradient Technique. 2. ASTM D 1603—Standard Test for Carbon Black in Olefin Plastics 3. ASTM D 1693—Environmental Stress-Cracking of Ethylene Plastics. 4. ASTM D 5199—Measuring Nominal Thickness of Geotextiles and Geomembranes. 5. ASTM E 41 —Terminology Relating to Conditioning. 1.3 SUBMITTALS A. Submit manufacturer's shop drawings, product data, samples and section layout of the cellular confinement system for review and approval prior to installation. B. Submit a sample of the infill material to be used above the normal pool elevation. 1.4 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to site in Manufacturer's original, unopened containers and packaging, with labels clearly identifying product name and Manufacturer. B. The materials shall be stored in accordance with Manufacturer's instructions. The materials shall be protected from damage and out of direct sunlight. C. The materials shall be delivered, unloaded and installed in a manner to prevent damage. PART 2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURER A. Presto Geosystems, PO Box 2399, Appleton, Wisconsin 54912-2399. Toll Free (800) 548-3424. Phone (920) 738-1328. Fax (920) 738-1222. E-Mail info(a�prestogeo.com. Website www.prestogeo.com. 2.2 GEOWEB CELLULAR CONFINEMENT SYSTEM A. Base Materials 1. Polyethylene Stabilized with Carbon Black 6-9 Technical Specifications a. Density shall be 58.4 to 60.2 pound/ft3(0.935 to 0.965 g/cm3) in accordance with ASTM D 1505. b. Environmental Stress Crack Resistance (ESCR) shall be 5000 hours in accordance with ASTM D 1693. c. Ultra-Violet light stabilization with carbon black. d. Carbon Black content shall be 1.5 to 2 percent by weight, through addition of a carrier with certified carbon black content. e. Carbon black shall be homogeneously distributed throughout material. f. The manufacturer must have an in-place quality control to prevent irregularities in strip material. B. Cell Properties 1. Individual cells shall be uniform in shape and size when expanded. 2. Individual cell dimensions(nominal) shall be dimensions± 10%. 3. GW30V-Cell a. Length shall be 11.3 inches(287 mm). b. Width shall•be 12.6 inches (320 mm). c. Nominal area shall be 71.3 in2(460 cm2) plus or minus 1%. d. Nominal depth shall be 4 inches. C. Strip Properties and Assembly 1. Perforated Textured Strip/Cell a. Strip sheet thickness shall be 50 mil (1.27 mm), minus 5 percent, plus 10 percent in accordance with ASTM D 5199. Determine thickness flat, before surface disruption. b. Polyethylene strips shall be textured surface. c. Textured sheet thickness shall be 60 mil plus or minus 6 mil (1.52 mm plus or minus 0.15 mm). d. Indentation surface density shall be 140 to 200 per in2 (22 to 31 per cm2). e. Perforated with horizontal rows of 0.4 inch (10 mm) diameter holes. f. Perforations within each row shall be 0.75 inches (19 mm) on-center. g. Horizontal rows shall be staggered and separated 0.50 inches (12 mm) relative to hole centers. h. Edge of strip to nearest edge of perforation shall be a minimum of 0.3 inches (8 mm). i. Centerline of spot weld to nearest edge of perforation shall be a minimum of 0.7 inches (18 mm). j. A slot with a dimension of 3/8 inch x 1-3/8 inch (10 mm x 35 mm) is standard in the center of the non-perforated areas and at the center of each weld. 2. Assembly of Cell Sections a. Fabricate using strips of sheet polyethylene each with a length of 142 inches (3.61 m) and a width equal to cell depth. b. Connect strips using full depth ultrasonic spot-welds aligned perpendicular to longitudinal axis of strip. c. Ultrasonic weld melt-pool width shall be 1.0 inch (25 mm) maximum. d. Weld spacing for GW30V-cell sections shall be 17.5 inches plus or minus 0.10 inch (445 mm plus or minus 2.5 mm). D. Cell Seam Strength Tests 1. Minimum seam strengths are required by design and shall be reported in test results. Materials submitted with average or typical values will not be accepted. Written certification of minimum strengths must be supplied to the engineer at the time of submittals. 6-10 Technical Specifications 2. Short-Term Seam Peel-Strength Test a. Cell seam strength shall be uniform over full depth of cell. b. Minimum seam peel strength shall 320 lbf(1,420 N) for 4 inch (100 mm) depth. 3. Long-Term Seam Peel-Strength Test a. Conditions: Minimum of 7 days in a temperature-controlled environment that undergoes change on a 1-hour cycle from room temperature to 130 degrees F (54 degrees C). b. Room temperature shall be in accordance with ASTM E41. c. Test samples shall consist of two, 4 inch (100 mm)wide strips welded together. d. Test sample consisting of 2 carbon black stabilized strips shall support a 160 pound (72.5 kg) load for test period. 2.3 INTEGRAL COMPONENTS A. ATRA®Clip 1. The ATRA Clip is a molded, high-strength polyethylene device available in standard (0.5 inch) and metric(10-12 mm)versions. 2. ATRA clips can be installed as an end capon standard (0.5 inch) and metric(10-12 mm) steel reinforcing rods to form ATRA Anchors. B. ATRA® Key 1. ATRA keys shall be constructed of polyethylene and provide a high strength connection. 2. ATRA keys shall be used to connect Geoweb panels together at each interleaf and end to end connection. 2.4 STAKE ANCHORAGE A. ATRA®Anchors 1. ATRA Anchors shall consist of standard (0.5 inch) or metric(10-12 mm) steel reinforcing rod with an ATRA®Clip attached as an end cap. 2. ATRA anchors shall be assembled by inserting the ATRA Clip onto the reinforcing rod so that the end is flush with the top of the ATRA Clip. Prior to attaching the ATRA Clip, the reinforcing rod shall be free from all burrs and beveled. 3. Stake length shall be as shown in the Contract Documents. 2.5 CELL INFILL MATERIALS A. Below normal pool (as shown on plans) -Cell infill material shall be 1-1/2" crushed limestone, graded to fill gaps. B. Above normal pool (as shown on plans) -Cell infill material shall be an engineered fill consisting of topsoil and aggregate mixture for vegetated surfaces. 1. Engineered infill shall be a mix of topsoil and aggregate having a homogeneous mixture of a clear crushed aggregate having an AASHTO#5 or similar designation blended with pulverized topsoil and a minimum 30% void space for air and/or water. 2. The mixture will promote vegetation growth and provide structural support. 3. The aggregate portion shall have a particle range from 0.375 to 1.0 inches (9.5 to 25 mm) with a D50 of 0.5 inches (13 mm). 4. The percentage void space of the aggregate portion when compacted shall be at least 30%. 5. The pulverized topsoil portion shall equal 25% of the total volume. The topsoil shall be blended with the aggregate to produce a homogeneous mixture. 6-11 Technical Specifications 6. Once placed, the mixture shall be compacted to a 95% Standard Proctor. C. Infill material shall be free of any foreign material. D. Clays and silts are not acceptable infill material. E. Infill material shall be free-flowing and not frozen when placed in the Geoweb sections. 2.6 ADDITIONAL COMPONENTS A. Vegetation 1. Vegetation shall be as specified in the Contract Documents. B. Surface protection shall be provided as needed to insure the infill material is not washed out prior to placement of sod. C. Geotextile 1. The geotextile underlayer shall be needle punched, nonwoven. PART 3 EXECUTION 3.1 EXAMINATION A. Verify site conditions are as indicated on the drawings. Notify the Engineer if site conditions are not acceptable. Verify layout of structure is as indicated on the drawings. Notify the Engineer if layout of structure is not acceptable. Do not begin preparation or installation until unacceptable conditions have been corrected. 3.2 INSTALLATION OF THE SLOPE PROTECTION SYSTEM A. Prepare subgrade and install Geoweb protection system in accordance with Manufacturer's recommendations. B. Subgrade Preparation: 1. Excavate or fill foundation soils so top of installed Geoweb section is flush with or slightly lower than adjacent terrain or final grade as indicated on the drawings or as directed by the Engineer. 2. Install geotextile underlayer on prepared surfaces ensuring required overlaps are maintained and outer edges of geotextile are buried in accordance with the Manufacturer's recommendations. C. Geoweb Section Anchorage 1. Anchorage requirements for the Geoweb sections shall be as shown on the Contract Documents and as directed by the Engineer. 2. Anchorage with ATRA Anchors a. Position collapsed Geoweb sections at the crest of the slope. b. Drive ATRA anchors at the crest of the slope to secure the Geoweb sections in place and allow expansion of the Geoweb sections into position. c. After the Geoweb sections are expanded as desired, drive ATRA Anchors so the arm of the ATRA Clip is through the internal slots in the Geoweb cell wall and do not protrude over the top of the cell wall. d. Anchorage pattern and stake length shall be as indicated on the plans. 6-12 Technical Specifications 3. Fill the anchorage trench with the specified material and compact.Anchorage with Earth Anchors. a. Position the collapsed Geoweb sections at the crest of the slope. b. Feed precut lengths of specified tendon material through the integral slots in Geoweb cell walls before expanding individual sections into position. Density of tendons per section shall be per the Contract Documents. Leave the trailing length of the tendon on the upslope side of the Geoweb section for connection to the earth anchor. c. Install earth anchors in accordance with Manufacturer's recommendations and instructions. Earth anchor type and strength shall be as shown on the Contract Documents. d. Secure tendons to earth anchors and expand Geoweb sections down slope as described below. e. Attach ATRA Clips to the tendons with the prescribed knot to transfer the load from the filled Geoweb sections to the tendon anchorage. Pull the tendon toward the top of the slope to ensure the ATRA Clip bears against the upslope side of the cell wall. The ATRA Clip locations shall be as indicated on the Contract Documents. f. Fill the anchorage trench with the specified material and compact as required by the Contract Documents. D. Geoweb Section Placement and Connection 1. Verify all Geoweb sections are expanded uniformly to required dimensions and that outer cells of each section are correctly aligned. Interleaf or overlap edges of adjacent sections. Ensure upper surfaces of adjoining Geoweb sections are flush at joint and adjoining cells are fully aligned at the cell wall slot. 2. Connect the Geoweb sections with ATRA keys at each interleaf and end to end connection. Insert the ATRA key through the cell wall slot before inserting through the adjacent cell. Turn the ATRA key 90 degrees to lock the panels together. E. Aggregate Infill Placement 1. Place specified infill in expanded cells with suitable material handling equipment, such as a backhoe, front-end loader, conveyor, or crane-mounted skip. 2. Limit drop height to a maximum of 3 feet(1 m)to avoid damage or displacement of the cell walls. 3. Fill Geoweb sections from the crest of the slope to toe or in accordance with Engineer's direction. 4. Evenly spread infill and ensure the infill is flush with the Geoweb cell walls. F. Engineered Infill Placement 1. Place specified infill in expanded cells with suitable material handling equipment, such as a backhoe, front-end loader, conveyor, or crane-mounted skip. 2. Limit drop height to a maximum of 3 feet(1 m)to avoid damage or displacement of the cell walls. 3. Fill Geoweb sections from the crest of the slope to toe or in accordance with Engineer's direction. 4. Evenly spread infill and ensure the infill is flush with the Geoweb cell walls. G. Surface Treatment 1. Sod shall be installed immediately after the infill is placed. END OF SECTION 6-13 Technical Specifications