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Tax 2012C-CN130730
T 14 E C t T Y • 0 r CO 'FELL 4 A a CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Tax 2012C Street Improvements Southern Belle Drive, Project No. Tax 2012C, Bid No. Q-0813-01 FOR THE CITY OF COPPELL AUGUST 2013 KEVIN M.SISPNERD .1,1".41 ti„IL.milNpit .,.. KEVIN SHEPHERD, PE. 111L tkes0 - ' TX PE#88642 7/30/2013 4if TEXAS REGISTERED ENGINEERING FIRM#F-13496 -1-5°- .1-1 Bidding Documents T H E • C I T Y • Q F COFFELL k A s 1 " TABLE OF CONTENTS Page# Section 1 - Bidding Documents Notice to Bidders 1-4 Instructions to Bidders 1-6 Bid Form/Proposal/Bid Schedule 1-19 Bid Affidavit 1-38 Prevailing Wage Rates 1-40 Conflict of Interest 1-44 Section 2 - Contract Documents Standard Form of Agreement(Contract) 2-2 Certificate of Insurance 2-8 Instructions for Bonds 2-9 Performance Bond 2-10 Payment Bond 2-12 Maintenance Bond 2-14 For this project, the Standard Specifications for Public Works Construction—North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix `C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein. Section 3 - City of Coppell's Supplementary Conditions 3-1 To the NCTCOG General Provisions Section 4 - Specific Project Requirements 4-1 Section 5 - Description of Pay Items 5-1 Section 6 - Technical Specifications 6-1 Project Sign 1-2 Bidding Documents SECTION 1 BIDDING DOCUMENTS .,.T HCOPPELL E • C I T Y . 0 F r 6. t 1-3 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the Tax 2012C Street Improvements, Southern Belle Drive Project No. Tax 2012C. The work shall be for the reconstruction of Southern Belle Drive, consisting of approximately 800 LF concrete pavement, 1600 LF concrete sidewalk, 900 LF 8" waterline, 900 LF 8" sanitary sewer utility, 440 LF storm sewer (21"-33" RCP), and all appurtenant work necessary to complete construction of the project. Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non-refundable cost of $50.00 from the City of Coppell Purchasing Agent, 255 Parkway Blvd., Coppell, Texas 75019. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Tax 2012C Street Improvements — Project No. Tax 2012C will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 10:00 a.m., August 22, 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-0813-01 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 (265 Parkway Boulevard) at 10:00 a.m. on August 15, 2013. The conference is not mandatory;however,all interested bidders are strongly encouraged to attend. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids;the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 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. 1-4 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" is used in the specifications and Contract Documents,it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell,P.O. Box 9478, Coppell,Texas.75019. Consulting Engineer: Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or their authorized representative, for Southern Belle Drive: Verdunity, Inc., 1302 Andrew Ct., Lewisville,Texas 75056. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of the reconstruction of the existing street. Southern Belle Drive (approximately 800 feet) is currently a 28 ft wide (back of curb to back of curb),2-lane concrete street and will be reconstructed as a 28 ft wide(back of curb to back of curb), 2-lane concrete street per the construction plans. Various water, sanitary sewer and drainage improvements and relocations will be required within the project limits. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Tax 2012C Street Improvements, Southern Belle Drive Project No. Tax 2012C. It will also be necessary to maintain access to the adjacent properties at all times on the street. The project contractor(s) shall be responsible for coordinating with the residents regarding driveway access and available street parking within the project. 1-5 Bidding Documents 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the City of Coppell Purchasing Agent, 255 Parkway Blvd., Coppell, Texas 75019, for a non-refundable cost of $50.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $50.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell,265 Parkway Boulevard, Coppell, Texas. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 1-6 Bidding Documents 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 execute the work in an expeditious, safe and satisfactory manner. Submissions will be made to City Engineer, City of Coppell, 265 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(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 (required to be submitted within five [5] days if requested). The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s),quantities,and completion date(s). C. Equipment(within five [5] days if requested). The Bidder shall provide a list of equipment,which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial(within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement(current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 1-7 Bidding Documents 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved,provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. By submitting a bid, the Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be maintained for Southern Belle Drive and to Carolina Court as they are on open & public streets. It shall be the Contractor's responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 1-8 Bidding Documents 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. 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. All work shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever comes first. A more detailed explanation of the bidding technique and completion time is given in Item 1.6 of the Specific Project Requirements. 1-9 Bidding Documents 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to 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 1.36 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract and Item 1.6 of the Specific Project Requirements. 10. Substitute or"Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors,Suppliers,and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 1-10 Bidding Documents 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation,manually written below the corporate name in the following manner: "By If the bid is made by an individual,his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership,the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid,executed by the members of the firm or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids, unless stated otherwise in the description of pay items. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. If an item is noted as a "Plans Quantity" then only the quantity shown in the unit bid price schedule will be paid. 1-11 Bidding Documents 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 10:00 a.m.,August 22, 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. 0-0813-01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED Construction of: Tax 2012C Street Improvements, Southern Belle Drive Project No. Tax 2012C" on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Bid submission shall include Bid Form,Bid Affidavit,Bid Bond and Conflict of Interest Form. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG's Item 102.5 of the Standard Specifications for Public works will be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) calendar days after the day of the Bid opening,but the Owner may, in its sole discretion,release any Bid prior to that date. 1-12 Bidding Documents 19. Award of Contract. 19.1 For the purpose of award,each bid submitted shall consist of two parts whereby: Base Bid (A1) = Bid Proposal — Southern Belle Drive = The correct summation of the products of the estimated quantities shown in the proposal, multiplied by their bid unit prices for the construction of Southern Belle Drive. Time will not be used to determine the final payment to the Contractor. All payments will be based on actual quantities and bid unit prices. The Owner desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive disincentive provision is established for this contract. The total incentive payment shall not exceed the amounts listed below. The projected time of completion for Southern Belle Drive is 120 calendar days. An incentive of up to $15,000 is available for early completion based on a daily value of$500 per calendar day. 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 fmancial 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 1-13 Bidding Documents perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.7 If the contract is to be awarded,the Owner will give the Successful Bidder a Notice of Award within ninety(90)calendar days after the date of the Bid opening. 20. Incentives/Disincentives. The owner desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive/disincentive provision is established for this contract. Total Contract Time: For the Purposes of Southern Belle Drive the Daily Value is$500.00. In the event the Contractor takes less than the total calendar days bid (120 days) to construct Southern Belle Drive there will be incentives assessed of$500.00 per day to a maximum of $15,000.00. A disincentive of$500.00 per calendar day shall apply to Southern Belle Drive for any work that exceeds the calendar day count (120 days) as established herein. There shall be no maximum disincentive. 1-14 Bidding Documents 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 on the project shall commence within ten(10) calendar days after the date of the Notice to Proceed or when the contractor begins work,whichever occurs first. 25. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2)labor,equipment, supervision and materials not incorporated into the project. 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. 1-15 Bidding Documents 27. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 28. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part,without the prior written consent of Owner. 29. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County,Texas. 30. Maintenance Bond. The Contractor shall provide a two-year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 31. Testing Requirements. The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractor's responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items at his own expense. 32. Overtime. "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor at a rate of$54 per hour. If not paid, such cost may be deducted from partial payments." 33. Payment. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 1-16 Bidding Documents 34. Documentation of existing conditions. Contractor must video and provide copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to Pay Item #101 Preparation of Right-of-way. 35. Bid Security. Contractor must submit a bid security in the amount of five(5%)percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute a Performance, Payment and Maintenance Bonds on the forms included in the Contract Documents if awarded the contract. Acceptable Bid Security are: Certified or cashier's check made payable to the Owner. An approved Bidder's Bond underwritten by a surety named in the current list of"Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. Treasury Department. 36. Bonds Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 37. Bid Notification City of Coppell utilizes the following procedures for notification of bid opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of notification authorized by the city. Coppell shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the vendor's responsibility to verify the validity of all bid information received by sources other than those listed. 38. Employment Eligibility Verification The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful work authorization and requires employers to verify their employees'work eligibility on a U.S. Department of Justice form I-9. The contractor/vendor warrants that contractor/vendor is in compliance with IRCA and will maintain compliance with IRCA during the term of the contract with the city. Contractor/vendor warrants that contractor/vendor has included or will include a similar provision in all written agreements with any subcontractors engaged to perform services under this contract. 39. Bid Summary Sheet Bid summary results will be made available forty-eight (48) hours after bid opening. Bidders desiring a copy of the bid summary sheet may view the results online forty-eight hours (48) hours after the bid opening at: http://coppelltx.gov/departments/departments-n- i/purchasing/current-and-past-bids [purchasing website]. A bidder may also request a copy via email at purchasencoppelltx.gov . No results will be given over the telephone. 1-17 Bidding Documents 40. Environmentally Preferable Products and Services Bidders are encouraged to offer Energy Star, GreenSeal, EcoLogo and/or EPEAT certified products. The city also encourages bidders to offer products and services that are produced or delivered with minimal use of virgin materials and maximum use of recycled materials and reduce waste, energy usage, water utilization and toxicity in the manufacture and use of products. 41. Electronic Bids The bid shall be submitted in paper format as indicated. Forms downloaded from Bidsync can be submitted to the City. 42. Questions Any Questions concerning this Invitation To Bid and Specifications should be directed to the Purchasing Department at 972-304-3643. 1-18 Bidding Documents BID FORM PROJECT IDENTIFICATION: Tax 2012C Street Improvements Southern Belle Drive Project No.Tax 2012C The City of Coppell,Texas BID OF oq Fai--F, L71-Q. DATE ei 2- 1(3 (NAME OF FIRM) THIS BID IS SUBMI 1"1'bD TO: City of Coppell(hereinafter called OWNER) do Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell,Texas 75019 CITY OF COPPELL BID NO: 0-0813-01 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: t Recd: j(y 1-19 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. (d) BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (e) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above)which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents;and no additional examinations,investigations,explorations,tests reports or similar information or data are or will be required by BIDDER for such purposes. (f) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect 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. (g) BIDDER has correlated the results of all such observations, examinations, investigations,explorations,tests,reports and studies with the terms and conditions of the Contract Documents. (h) BIDDER has given ENGINEER written notice of all conflicts,errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. 1-20 Bidding Documents (i) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group,association,organization or corporation;BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (j) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (k) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. Bidder understands that the work for this project will be completed in one phase. Additional phasing or move-ins by utility and paving contractors will require approval by the Engineer. It is understood and agreed that all work under this contract will be completed within the bid calendar days(120 days). Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. 7. BIDDER will complete the Work for the following price(s): 1.21 Bidding Documents City of Coppell Southern Belle Drive Reconstruction CONTRACT BID SCHEDULE Item No. Quantity Units Description Unit Price Amount 100 1 LS M iIization co nplete in place,for the sum of RA( c] -! 4 t <-1 4Si - ' dollars and 1.tr cents per $ $ ' 80°° lump sum. 1 t 101 2 EA Furnish,install,and maintain Project Sign complete in place,for the sum of Sim 4.6.4/31 • = $ 1Z0v dollars and to cents per each. 102 1 LS Preparation of Right-of-Way(complete)complete in place,for the sum of O TZ'h01-t SA4.40 $ ((�p)o $ (o Do dollars and cents per lump sum. 103 1 LS Prepare and Implement Traffic Control Plans complete in place,for the sum of dollars and Ai" cents per $ $ lump sum. 104 608 CY For unclassified street excavation complete in place, for the sum $�O 35 $ J J ,e'u. dollars and cents per , cubic yard. 105 2 EA Remo a existing^inlet,for the sum of t- ( 41%.(04-ffrO dollars and A v cents per $1 1 no ''= $ 27,Q 0 each. 106 105 LF Remove existing storm ewer pipe,for the sum of dollars and t cents per $ 4- $ y'1 J 'S' linear foot. 107 3 EA Remove and replace street sign complete in place,for the sum of ai fk f— 4N OM-v-0 n,‘`.11 F-°4- $33' $ ,� oo Z 71 dollars and /1/4.1- cents per each. 1-22 Bid Schedule City of Coppell Southern Belle Drive Reconstruction CONTRACT BID SCHEDULE Item No. Quantity Units Description Unit Price Amount 108 3 EA Remove and replace brick mailbox complete in place, for the sum of C Sfctt{Invta(b`✓J $�]5v en $ 22 dollars and cents per each. 109 1 LS Repair,replace,modify and restore existing irrigation systems complete in place,for the sum of dollars and &u+ cents per $ $ lump sum. 110 4,029 SY Remove and dispose of existing concrete pavement complete in place,for the sum of dollars and i l 1 t-t1 1 _ cents per square yard. 111 3,144 SY Compact existing subgrade complete in place,for the sum of dollars and P.-414..- 11 kit Kt— cents per square yard. 112 2,966 SY Furnish and install 8-inch reinforced concrete pavement w/6"integral curb complete in place,for the sum AST'''\ lit r $ �t= $ i t �� �0 L'1 I. dollars and ..-it CA H'C 8-�cy cents per square yard. 113 300 SY Construct 6-inch reinforced concrete drive/alley complete in place,fore sum of ,Z,, Urr ti dollars and____13, 41%-.-vz cents per $ $ l L y 12 square yard. 114 740 SY Construct 4-inch reinforced concrete sidewalk complete in place,for the sum of dollars and 1 i 41'( S∎� cents per $ I $ "l` square yard. 115 4 EA Furnish and install concrete sidewalk step complete in place,for the sum of c1u tz�l �nn.i n%0 5'00,..r..- 70 00 •i dollars and •O cents per $ $ each. 1-23 Bid Schedule City of Coppell Southern Belle Drive Reconstruction CONTRACT BID SCHEDULE Item No. Quantity Units Description Unit Price Amount 116 5 EA Construct barrier free ramps complete in place,for the sum of „,n� f dollars and cents per $`��. $ (,)0 s each. 117 3 EA Standard 15-foot curb inlet complete in place,for the sum of r-124y-1�, 4, 2,4=-- dollars � i _ cents per $ $ 130 o`Sko each. 118 1 EA Type C curb inlet with two Type E extensions complete in place,for the sum of 'Tvh tot■ `'O $ 7-0 J” $ 5'10 0 Pi dollars and t\to cents per each. 119 1 EA Furnish and install 5-foot x 5-foot square standard manhole complete in place for the sum of dollars and l-C• cents per each. 120 70 LF Furnish a d install 33-inch CL III RCP,for the sum of GC%� dollars and A,`L, cents per $ -7 b o $ 673 Z-4° linear foot. 121 345 LF Furnish and in tall 24-inch CL III RCP,for the sum of 5t.f-ill T .- dollars and cents per $ L3 ''= $ `-x,17 ''y linear foot. 122 53 LF Furnish and install 21-inch CLIII RCP,for the sum of dollars and K.L. cents per $ '7 r� $ 3,)21 linear foot. 123 7 LF Furnish and in all 18-inch CLIII RCP,for the sum of K9 S`Y ,sue _ dollars and •�r. cents per $ L�(p • $ 3j9 linear foot. 1-24 Bid Schedule City of Coppell Southern Belle Drive Reconstruction CONTRACT BID SCHEDULE Item No. Quantity Units Description Unit Price Amount 124 874 LF Furnish and install 8-inch waterline(PVC),for the sum of "I* VO `�7■•F $ $3lp 3 1 (A ki)( y dollars and I.fq cents per linear foot. 125 3 EA Furnish and install 8-inch gate valve complete in place,for the sum gf f- Vp:4 1z4- 4 _P-t a Y�[L`1D $ 7170 4: $ 46 dollars and kir cents per ' each. 126 1 EA Furnish and install 12"x8"Tapping Sleeve&Valve corn fete in place,for the sum of fz---- 10tn4nar7 >$�, o '.1-:- $ 3000 dollars and f_+b cents per each. 127 1 EA Furnish and install 8"x8"Tapping Sleeve&Valve complete in place,for the sum of dollars and t L. cents per each. 128 16 EA Furnish and install 1-inch water service line with meter can(various lengths)complete in place,for the sum/of `,� � (r�°= ci't09t' - ZAN: 4A.N.P -1 Spy $ $ dollars and 1.-6. cents per each. 129 2 EA Furnish and install new fire hydrant and valve assembly complete in place,for the sum of 1►'ri0,-`t1 r- -- + $ 3500 '- $ 7�0°0 t dollars and "-to cents per each. 130 2 EA Remove and salvage existing fire hydrant and valve assembly,for the sum of eSa dollars and ILL cents per $ $ each. 131 1 LS Abandon existing water line,for the sum of dollars and A.w cents per l'7 b0.4...- $ (1 O0 lump sum. 1-25 Bid Schedule City of Coppell Southern Belle Drive Reconstruction CONTRACT BID SCHEDULE Item No. Quantity Units Description Unit Price Amount 132 908 LF Furnish and install 8-inch sanitary sewer line,for the sum of Y G I.l $ 40 t' $ &P, 2_,9 dollars and a cents per linear foot. 133 4 EA Furnish and install 4-foot sanitary sewer manhole(all depths),for th sum of -r tr-V(K`A kci(trio s 3.7C $ `kb o° dollars and ILL, cents per each. 134 16 4"PVC sanitary sewer service laterals(various ,54+ lengths),for the sum of $ 5040 dollars and ^[. cents per $ ' r linear foot. 135 1 LS Abandon existing sanitary sewer line,for the sum of 44sli •K ca ,) dollars and Al. cents per $ `100- $ i'7o p lump sum. 136 2,257 LF For trench safety system complete in place,for the sum of /'c -1 dollars and 114.4-4.A.1,1(c`w't- cents per $ $ 1 I�9 Z linear foot. Il 137 1 LS For erosion control measures complete in place,for the sum Sousa t.9 s ?CblOc. $ ° dollars and Nut cents per lump sum. 138 1,346 SY Restore landscape and disturbed areas complete in place,for the s m of ,,%% u� $ ` o . $ 0--i ,0 dollars and t1/44., cents per square yard. 139 404 LF Install root barrier complete in place,for the sum of e-,&AI Ca-AI-eh-14 dollars and '�., cents per '1 II. $ r e�2 ,� '.-1--$ linear foot. l t 1-26 Bid Schedule City of Coppell Southern Belle Drive Reconstruction CONTRACT BID SCHEDULE Item No. Quantity Units Description Unit Price Amount 140 4 EA Restore landscape and disturbed areas in place of concrete steps complete in place,for the sum of ,(,u jc},nntoaA0 -� dollars and &.L• cents per $ � $ �� each. 141 1 LS Restore landscape at 204 River Road,complete in place,.for the sum of 7 dollars and - cents per lump sum. TOTAL BID $ $ •`Lir aci'� 0.5 1•Y7 Bid Schedule BID SUMMARY—TOTAL PROJECT SOUTHERN BELLE DRIVE SUBTOTAL BID ITEMS#100 THRU#140 $ ' 2 ti 77_ 6' 5 Total Tangible Personal Property: $ <? Z � 7.65, Uu BID SUMMARY TOTAL BASE BID(A) $ 4-S0 1 gc ?j, (5 I. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 2. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price(see Instructions to Bidders). 3. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. PROPOSAL GUARANTY > A Proposal Guaranty shall be provided in accordance with Item 102.5 of the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. SUBMITTED ON ZZ ( Signature: 1-28 Bidding Documents PREVAILING WAGE RATES GENERAL DECISION: TX20100043 03/12/2010 TX43 Date: March 12, 2010 General Decision Number: TX20100043 03/12/2010 Superseded General Decision Number: TX20080043 State: Texas Construction Types : Heavy and Highway Counties : Collin, Dallas, Denton, Ellis, Grayson, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas. HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES. Modification Number Publication Date 0 03/12/2010 SUTX2004-004 11/09/2004 Rates Fringes Air Tool Operator $ 10. 06 0 . 00 Asphalt Distributor Operator $ 13 . 99 0. 00 Asphalt paving machine operator$ 12 . 78 0. 00 Asphalt Raker $ 11 . 01 0. 00 Asphalt Shoveler $ 8 . 80 0. 00 Batching Plant Weigher $ 14 . 15 0 . 00 Broom or Sweeper Operator $ 9. 88 0 . 00 Bulldozer operator $ 13 . 22 0 . 00 Carpenter $ 12 . 80 0 . 00 Concrete Finisher, Paving $ 12 . 85 0 . 00 Concrete Finisher, Structures $ 13. 27 0 . 00 Concrete Paving Curbing Machine Operator $ 12 . 00 0. 00 Concrete Paving Finishing Machine Operator $ 13. 63 0. 00 Concrete Paving Joint Sealer Operator $ 12 . 50 0 . 00 Concrete Paving Saw Operator $ 13 . 56 0 . 00 Concrete Paving Spreader Operator $ 14 . 50 0 . 00 Concrete Rubber $ 10 . 61 0 . 00 1-31 Bidding Documents Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $ 14 . 12 0. 00 Electrician $ 18 . 12 0 . 00 Flagger $ 8 . 43 0 . 00 Form Builder/Setter, Structures$ 11 . 63 0. 00 Form Setter, Paving & Curb $ 11 . 83 0. 00 Foundation Drill Operator, Crawler Mounted $ 13. 67 0 . 00 Foundation Drill Operator, Truck Mounted $ 16. 30 0. 00 Front End Loader Operator $ 12 . 62 0 . 00 Laborer, common $ 9. 18 0 . 00 Laborer, Utility $ 10 . 65 0 . 00 Mechanic $ 16. 97 0. 00 Milling Machine Operator, Fine Grade $ 11 . 83 0 . 00 Mixer operator $ 11 . 58 0 . 00 Motor Grader Operator, Fine Grade $ 15. 20 0 . 00 Motor Grader Operator, Rough $ 14 . 50 0 . 00 Oiler $ 14 . 98 0 . 00 Painter, Structures $ 13. 17 0. 00 Pavement Marking Machine Operator $ 10. 04 0 . 00 Pipelayer $ 11 . 04 0. 00 Reinforcing Steel Setter, Paving $ 14 . 86 0 . 00 Reinforcing Steel Setter, Structure $ 16. 29 0. 00 Roller Operator, Pneumatic, Self-Propelled $ 11 . 07 0 . 00 Roller Operator, Steel Wheel, Flat Wheel/Tamping $ 10 . 92 0. 00 Roller Operator, Steel Wheel, Plant Mix Pavement $ 11 . 28 0 . 00 Scraper Operator $ 11. 42 0 . 00 Servicer $ 12 . 32 0. 00 Slip Form Machine Operator $ 12 . 33 0 . 00 Spreader Box operator $ 10 . 92 0 . 00 Tractor operator, Crawler Type $ 12 . 60 0 . 00 Tractor operator, Pneumatic $ 12 . 91 0 . 00 Traveling Mixer Operator $ 12 . 03 0 . 00 Truck driver, lowboy-Float $ 14 . 93 0 . 00 Truck driver, Single Axle, Heavy $ 11. 47 0 . 00 Truck driver, Single Axle, Light $ 10 . 91 0 . 00 1-32 Bidding Documents Truck Driver, Tandem Axle, Semi-Trailer $ 11 . 75 0. 00 Truck Driver, Transit-Mix $ 12 . 08 0. 00 Wagon Drill, Boring Machine, Post Hole Driller Operator $ 14 . 00 0. 00 Welder $ 13 . 57 0. 00 Work Zone Barricade Servicer $ 10 . 09 0 . 00 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5. 5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations 1-33 Bidding Documents Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1-34 Bidding Documents • • • • • • • • CONFLICT OF INTF.. E T t `ITE,STIONNAlit FORM • FM°rtentioror ntirer person;dorng With loenT,goon.ritinen ral edtity finis rgitcisitoririatr`u 1 x tetng riled:111.aecnrdance With chapter 176 of the Local: C?1+l ICV 1 JS1 Grp-Vot nitent Code by tt per on tloing hu5iness with the govertiiitt al entity. ONLY Date kEeeivi • t y hi r tlii qoegtionrial tc trtugt be flint Mitt the record.,, Idmtn"sstratorctl'ttte iota gtavertinie-at not hitch than the 7th:bttsirte,ss after.t.ke,citte,t0 person heediimes vale-of iaets that require the state:meat to t letf..See Section 1766.006,Local A person coniinita: tr offe se if tli p isoci•violates Seet rrn 176,,,p06,Loeat • covet nmertt C'cide.Ati.offense under:tl s section is.a Clegg C�xnttsdernt aiior'. Name of person oloIt bu.mess With li eaf gov'ernittentei entity. D hei.:1tc this hoak i1}on are4I4ngrrn updateto aiii,evtuusly tiled lnegtiotioatte. 7 tre law tcc t r a that you file an ttpdated t otrtpleted questicitinaire With the app eptlate f ihig au.`tltority not i€tter thttn Septctrtber I of the yver for iNbieh skit nclivlty described ft).Scetion 176 006(1) Loeat • C i 'eri nient 024e, t pending ayt tint 14ter titan the 7th hot mess day tiler the date the chit irtaily filed i st iteihitaire e4catt es.itretrin ii to or iraacctrrate). l attirP•••gacil errtphiY,00ortontriictOr i1 fire 110 001 goverrtmetitai.cowl?who riralre rec i rament3gti Irc to • tt tocht go1;cinlinentofi leer o1 tit e govet ti.rit 6E011 entity with i speet to expet€liti rt ;tit mone AN *scribe the nffili:Lilco or husiixess rel tttatrslitp • .l+lume Laclr Joeai gover ttrtcnt.otiieer vow tapptyfritt ti employs local gt vernzry:etrt t(fieer of the goyt„r ti'Meetnl:entity fd tvlaicli tilis.4tOstia nn Lire is•bled AND.deser•lbe the t ffiliation ur lrtrs 0 relationship; • • • m2 Iltl%�a .f..7c�e'rt�.net�ts • • • • • • • 1 . • 1 • FORM t.:ik2 • • CONFLICT OP INTEREST OUVSTIONNIA110,.! , oge . . , . ‘." • : : . • . . , vetidor n Ottorp000 t doing Op$010 *jth i.o00..pv 0000041 eitity Nil-lilt:or atfoiticOormitelittifiteo ith whortY11161.110,- bniu :rioNO:orfAipi.il_C-Omr4Vtg thj 40tI011• • toltrif top IIII.RWee14 Ai tii3Or CiYiS 4. (Op item 5$01001tig.gitb0i14A,13>'C 114,,o01112116tett.kit 0,40 Ottiooi-with whom tiit Mer • Differ 1%140440,ittfit.h dkOttII pos0 in thiS'rOOri 1,..$010004 goverrimot ofricOr.,Oplogd iri •1., sectmo Mn1 rUkt y to rto.:-,tivc.tuh1 iocOme Pipe:the filer Or f:11 coLkijrnfr7 • I.;1"Yg4 I;ir • Ilwl*r tho r000kro t000illio.toporoo%or.Or (kb 1.4*-Ciob(dike lo'01 •• gtilrolfient. tifiket crarnioil thio Oecition ANT)Om Jima Lik locOOlt iti Ila:fr oMliiii16.atifieVer„efrOnSal Otaily?Li yes . . . " • tiler 1.11' 1).124461plaire.A.triliai.ed orptirstia:11.6tooteir busim. s:tak that toiltoyot porointitt.41110, aim 9.rocp.r or it trtmoix 0.111014 ,011 oodottip tO pecd:to,ok tribio U*-(4 C4r 1,111' . . • P.pct eat,th.oftitiiniati to'built]dOO. • • ••• : •• . . • • • • • • ..... • 1:1;rt • „ • • iajiht.kkg,tit poolot wog, not,with Ole wwcinvoi*i.010tiry Dow. . . . . . . . , '• l33 Bidding D4ctundrils • SECTION 2 CONTRACT DOCUMENTS T X E • C 1 T Y • O F COPPELL STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 1 Z day of Se pi in the year 2013 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER)and PAVECON,LTD(hereinafter called)CONTRACTOR). OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth,agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the Tax 2012C street reconstruction of Southern Belle Drive. This project will include the removal of existing pavement, unclassified excavation, the construction of new pavement, the installation and/or adjustment of water/wastewater utilities, the installation and/or adjustment of storm sewer and related drainage, and all appurtenant work as laid out and described in the construction plans. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project No. TAX 2012C. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Tax 2012C Street Replacement(Southern Belle Drive)—Project No.Tax 2012C Construction of the TAX 2012C STREET REPLACEMENT SOUTHERN BELLE DRIVE PROJECT NO.TAX 2012C Bid No.Q-0813-01 Article 2.ENGINEER. The Project has been designed by Verdunity, Inc. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed as stated within Items 19 and 20 of the Instructions to Bidders in Section 1 of these contract documents, and the Contract time commences to run as provided in Item 103.2 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. For the purposes of this project, an incentive/disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive/disincentive as set forth in Item 20 within the Instructions to Bidders in Section 1 of these contract documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ 480,393.70 The total tangible personal property cost included in the contract sum is $ 312,255.00 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. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 2-4 Contract Documents 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement(pages 2-2 thru 2-7,inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond,Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: Standard Specifications for Public Works Construction—North Central Texas Council of Governments Fourth Edition. 8.6. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3-2 thru 3-10,inclusive). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Tax 2012C Street Improvements, Southern Belle Drive, Project No.Tax 2012C,Bid No.Q-0813-01 for the City of Coppell". 8.8. Drawings (Construction Plans) entitled: "Southern Belle Drive Reconstruction (Plantation Drive to River Road),City of Coppell,Texas,TAX 2012C". 8.9. The following listed and numbered addenda: • Addendum#1 —August 19,2013 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 2-5 Contract Documents The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1.Terms used in this Agreement which are defined in Item 101.of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself,its partners, successors, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on Se ,, ,2013. OWNER: City of Coppell CONTRACTOR:Pavecon,LTD. 255 Parkway Boulevard 3022 Roy Orr Blvd Coppell,TX 75019 Grand Prairie,TX 75050 / . BY: BY: I TITLE: e4 e TITLE: — _1111111 t ' A'1TEST: : i //- AITEST: Address for giving notices: Address for giving notices: " P.O.Box 9478 2jo 7 7 VI ct,{L ? 1.-14o Coppell,Texas 75019 Attn: Ken Griffin,P.E. eAP)t-tt) c720'a4(� Dir.of Engineering/Public Works (If OWNER is a public body,attach (If CONTRACTOR is a corporation,attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 2-.7 Contract Documents Bond No. 929573738 PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS I KNOW ALL MEN BY THESE PRESENTS:That Pavecon, Ltd. whose address is .30.22 Roy Orr Blvd., Grand Prairie, TX 75050 hereinafter called Principal, and Continental Casualty Company a corporation organized and existing under the laws of the State of IL , 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 . .. -._ .. .. three hundred ninety-three and 70/100ths . DOLLARS j $ 480,,393.70 ($ ) in lawful money of the United States, to be paid in Dallas County; Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by these presents.. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the of , A.D. 20 i3 , which is made a part hereof by reference,for the construction of certain public improvements that are generally described as follows: Construction of the: Tax 2012C Street Replacement Southern Coppell Drive Project No.TAX 2012C Bid No.Q-0813-01 NOW,THEREFORE,if the Principal shall well,truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract,and shall also well and truly perform and fulfill all the undertakings,covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and,if the Principal shall repair and/or replace all. defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by.Owner; and,if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and,shall fully reimburse and repay Beneficiary 2-10 Contract Documents all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void;otherwise,it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County,Texas. AND PROVIDED FURTHER, that the said Surety,for value received, hereby stipulates. and agrees that no change,extension of time,alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract,or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code,and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship,as provided by Article 7.19-1 of the insurance Code,Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS.WHEREOF,this instrument is executed in 2 copies,each one of which shall be deemed an original,this-thee day of ,20 13 . PRINCIPAL SURETY Pavecon, Ltd. Continental Cas :1ty ;•m•a Title: ar I Title: Mic ael D. Hendrickson, Attorney-in-Fact ATTEST C7 ATT STS J , Patricia Smith, Witness Resident Agent of the Surety in Dallas or Denton County,Texas,for delivery of notice and service of the process is: NAME: Michael D. Hendrickson - IBTX Risk Services ADDRESS: 6363 N. State Highway 161, Suite 100, Irving, TX 75038 NOTE: Date of Performance Bond must be date of Contract..If Resident Agent is not corporation,give person's name.. 2-11 Contract Documents Bond No. 929573738 PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Pavecon, Ltd. whose address is 3022 Roy Orr Blvd., Grand Prairie, TX 75050 hereinafter called Principal, and Continental Casualty Company ' , a corporation organized and existing under the laws of the State of IL , 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 Four hundred eighty thousand three hundred ninety three and 70/100ths DOLLARS ($ 480,393.70 ) in lawful money of the United States, to be paid in Dallas County, Texas,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas,the Principal entered into a certain Contract with the City of Coppell,dated the of ,A.D. 20 13 which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Tax 2012C Street Replacement Southern Coppell Drive Project No,TAX 2012C Bid No.Q-0813-01 NOW,THEREFORE,if the Principal shall well truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived,then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County,Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change,extension of time alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying 2-12 Contract Documents the same, shall in anyway affect its obligation on this Bond,and it does hereby waive notice of any such change,extension of time alteration or addition to the terms of the Contract,or to the Work to be 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 day of ,20 3 . PRINCIPAL SURETY Pavecon, Ltd. Continental Casualty Company By: a . _ By: i �. _Al 146. Title: r_ 1 / r ' • Title. M chael D. Hendrickson, Attorney-in-Fact . e� EST: ATTEST: Patricia Smith, Witness The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Michael D. Hendrickson - IBTX Risk Services ADDRESS: 6363 N. State Highway 161, Suite 100, Irving, TX 75038 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,give a person's name. 2-13 Contract Documents Bond No. 929573738 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Pavecon, Ltd. 3022 Roy Orr Blvd., Grand Prairie, TX 75050 as Principal, and Continental Casualty Company. a corporation organized under the laws of IL_ , 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 Four hundred eighty thousand three hundred ninety-three D011arS and 90/100ths Cents ($4eo,393.70 ), for the payment of which sum will and truly be made unto said City of Coppell ,and its successors,said principal and sureties do hereby bind themselves,their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Pavecon, Ltd. has this day entered into a written contract with the said city of Coppell to build and construct Tax 2012C Street Replacement — Southern Belle Drive — Project No TAX 2012C, Bid No Q-0813-01, which contract and the plans and specifications therein mentioned, adopted by the.City of coppell p y are hereby expressly made a part thereof as through the same were written and embodied herein WHEREAS,under the plans,specifications,and contract,it.is provided that the Contractor will maintain and keep in good repair,the work herein contracted to be done and performed,for a period of two(2)years from the date of the acceptance of said work,and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties .hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two(2)years, as provided,then these presents shall be null and void,and have not further effect,but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said city of Coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, 2-14 Contract Documents and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Pavecon, Ltd. has caused these presents to be executed by and the said Continental Casualty Company . . has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Michael D. Hendrickson ,has hereunto set his hand,the day of ,20 is . PRINCIPAL SURETY Pavecon, Ltd. Continental Casualty Company • �j�� �f� Title: ��e' er ichael D. Hendrickson, Attorney-in-Fact Title: WI SS: ATTEST: Patricia Smith, Witness JJ NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-15 Contract Documents POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pat J Moore,Gary W Wheatley,Bryan K Moore,Clark D Fresher,Betty J Reeh,Individually,of San Antonio,TX Michael D Hendrickson,Individually,of Irving,TX • their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of June,2013. �ASLLI , WiSURq 0A313 Continental Casualty Company �P o 4,g" 'vF Kk a is National Fire Insurance Company of Hartford F- GORP:RATp Q ; d�N� T( American Cas alty Company of Reading,Pennsylvania U ° ;SEAL f ,�' •Av 1897 HARTS b • _--L ar•►......4 Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 26th day of June,2013,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance'company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. jJ.MOHR NOTARYPUBLj( (:)..:"7")94tftA.....) EAl SOUTH DAKOTA��J My Commission Expires June 23,2015 J.Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this day of ,cDO■3 . ciksui T oisuRq,/, o�PAnrOA Continental Casualty Company �,�� y 0.- �of fi� National Fire Insurance Company of Hartford zW OORPOR•Tg % ,¼ JULY3I.,ORVOR4Tfo - American Casualty Company of Reading,Pennsylvania Z a I IV°O SEAL 1902 12:::)..A.A.s.......4_ t 1to HA D.Bult Assistant Secretary Form F6853-4/2012 • Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the'following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No 929573738 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s)should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Fam F6944 Figure: 28 TAO§1.601(a)(3) 1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Continental Casualty Company, Puede comunicarse con Continental Casualty National Fire Insurance Company,American Company,National Fire Insurance Company, Casualty Company or Continental Insurance American Casualty Company or Continental Company at 312-822-5000. Insurance Company al 312-822-5000. 3 You may call Continental Casualty Company, Usted puede Ilamar al numero de telefono gratis de National Fire Insurance Company,American Continental Casualty Company,National Fire Casualty Company or Continental Insurance Insurance Company,American Casualty Company or Company's toll-free telephone number for Continental Insurance Company's pars informacion o information or to make a complaint at: para someter una queja al: 1-877-672-6115 1-877-672-6115 4 You may also write to Continental Casualty Usted tambien puede escribir a Continental Casualty Company,National Fire Insurance Company, Company, National Fire Insurance Company, American Casualty Company or Continental American Casualty Company or Continental Insurance Company at: Insurance Company: CNA Surety CNA Surety 333 South Wabash 333 South Wabash Chicago,IL 60604 Chicago, IL 60604 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros Insurance to obtain information on companies, de Texas para obtener informaclon acerca de coverages,rights or complaints at: companias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O.Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax:(512)475-1771 Fax:(512)475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection @tdi.state.tx.us E-Mail: ConsumerProtection @ tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo,debe comunicarse con el Continental Continental Casualty Company, National Fire Casualty Company,National Fire Insurance Insurance Company,American Casualty Company Company,American Casualty Company or or Continental Insurance Company first. If the Continental Insurance Company primero. Si nose dispute is not resolved,you may contact the Texas resuelve la disputa, puede entonces comunicarse Department of Insurance. con el departamento(TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F8277 ® A CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYVY) � 9/5/2013 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 NAME: Vicki Leslie IBTX Risk Services DFW PHONE IFa,No):(214) 596-9030 6363 N. State Highway 161 (AIC.No.Ed1: (214) 989-7100 E-MAIL ADDRESS: serviceeib-tx.com Irving TX 75038 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance 23396 INSURED INSURER B:Starr Indemnity & Liability Co 38318 Pavecon, Ltd. INSURER C:Indian Harbor Insurance Co. 36940 P.O. BOX 535457 INSURER D: Grand Prairie TX 75053 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 13998 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. ADM SUM POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY CPP2062B80 7/1/2013 7/1/2014 PREMISES(Ea occurrence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 �� 7 POLICY I -l Tei IT LOC a AUTOMOBILE LIABILITY (Ea acccidentSINGLE LIMIT i 1,000,000 A X ANY AUTO CA 2062879 7/1/2013 7/1/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ N PROPERTY DAMAGE $ NON-OWNED (Per accident) X HIRED AUTOS X AUTOS $ B UMBRELLA LAB X OCCUR 1000020196 7/1/2013 7/1/2014 EACH OCCURRENCE $ 10,000,000 X EXCESSLIAO CLAIMS-MADE AGGREGATE $ 10,000,000 OED I I RETENTION$ $ WORKERS COMPENSATION X I WC STATU- I I0TH- A AND EMPLOYERS'LIABILITY YIN WC-2062883 7/1/2013 7/1/2014 TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? © N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEES 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Pollution/Environmental L PEC003526702 7/1/2013 7/1/2014 Per Claim $ 1,000,000 Retention $25,000 Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required) The General Liability and Automobile policies include a blanket automatic additional insured endorsement (CG7085 05/10 & CA 7118 11/09] that provides additional insured status only when there is a written contract with the Named Insured that request such statue. The General Liability, Automobile and Workers' Compensation policies includes a blanket automatic waiver of subrogation endorsement (CG7063 11/09, CA7118 11/09 & WC420304A 01/001 that provides this feature only when there is a written contract with the named insured that requires such status. Primary and Non-Contributory wording per Endoraement[CG7085 05/10 & CA7165 10/07]. Excess Liability shall follow the terms, definitions, conditions and exclusions of the applicable first underlying insurance per Attached [XS-100 (10/08)]Cancellatioa see attached [IL7045 05/07) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Coppell, Texas 255 Parkway Blvd. AUTHORIZED REPRESENTATIVE Coppell TX 75019 �`G / � T�'T ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 9/5/2013 CERTIFICATE HOLDER: INSURED: City of Coppell, Texas Pavecon, Ltd. 255 Parkway Blvd. P.O. Box 535457 Grand Prairie TX 75053 Coppell TX 75019 DESCRIPTION OF OPERATIONS CONTINUED: Bid No. p-0813-01 Project: Construction of the Tax 2012C Street Replacement Southern Belle Drive DOC(10/2003) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Ongoing operations,es respects this provision.does not apply to'bodily Injury'ar'propedy damage' TEXAS occurring alter CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT (a) All work Including materials,pads or equipment furnished In connecionwbr such work on the project (other then service,maintenance or reps ln)to be performed by or on behalf of the additional Insured(s)at the she of the covered operations has been completed;or Thk endorsement maddea Insurance provided under the following: (b) That portion ar'ycurworld out of which the injury of damage arises has been put to its Intended use COMMERCIAL GENERAL LIABILRY COVERAGE FORM by any person or organization other than another contractor or subcontractor engaged In performing • operations for a principal as a pad of the same project Al elms but provisions,exclusions.and 9mkatlons of the coverage farm apply except as specifically stated b. The Imes of Insurance appficable to the additional Insured are the least or those specified In the mitten below. contract or insured agreement or In the not In a tins of this poky.The lines of insurance Um to the eddebnal insured are inclusive of and not In addition to the hints of Insurance shown M the Declarations. Polly Number Agency Number policy Effective Dab e, The additional Insured status provided by this endorsement does not extend be CPP2062880 75624-150 07/012013 termination of.premises lease or rental agreement nor beyond the term old*policy. Policy expiration or Policy ESplralbdCancellatlon Date Date Account Number d. If a written contract or mitten agreement as outlined above requires that additional Insured status be 07,012014 071012013 provided by the use of CO 20 10 11 85,then the terms of that endorsement,which are shown balm,are Named Inured Aganry Iseuing Company Incorporated into m uch to in endorsement as respects s additional insured,to the extent that such terms do not restrict coverage otherwise provided by tints endorsement Pavecon,Ltd. IBTX Risk Services Anedsure Mutual — ADDITIONAL INSURED-OWNERS,LESSEES OR 1. SECTION I-WHO IS AN INSURED Is amended to add as an insured any person r organization whom you CONTRACTORS(FORM B) are required to add as an additional insured on this policy under a melee contract orwrllten agreement relating This endorsement modifies Insurance provided under the Mowing: to your business.The written contract or written agreement must require additional Insured status fora time period during the term of this pxsoy and be executed Motto the'bodily injury','properly damage',or'panonal COMMERCIAL GENERAL LIABILITY COVERAGE PART. and advertising Injury'giving rise b a claim under this policy.If.however,"your wort'was commenced under • a letter of intent or work order.subject to a subsequent reduction to writing within 30 days(form such SCHEDULE commencement and well customs whose customary contracts require they be named as additional insureds, Name of Person of Organization:Blanket Where Required by Written Contract or we wit provide additional Insured status as specified in Ibis endorsemerd. Agreement that the terms of CG 20 10 11 85 apply. 2. SECTION II-WHO IS AN INSURED Is amended to add the blowing' (II no entry appears above,information required to complete this endorsement wit tithe additional Insured N: be shown In the Declarations as applicable to Mb endorsement.) a. M individual their spouse k Om an additional Insured WHO IS AN INSURED(Section II)is amended to Include as an Insured the person or organization shown In the Schedule,but only web respect to iabiry arising out of In A partnership or joint venture,members,partners,and their spouses art also addtlonal insureds. 'your work"for Piet insured by or for you. c. Aamired liability company,members end managers ere also adddfonal Insureds. Copyright,Insurance Services Owe,Inc.,1984 d. M ergsnizetbn other than a padnersnlp,jom venture or limited liebiy company,exaculse officers and CG 20 10 11 05 directors of the organization are also additional Insureds.Stockholders are also additional Insureds,but only with respect to their llebiiy as slockhofden. a. The insurance provided to the addilnal insured does not apply eers,youury,•Rn renddance lie or 'paned end rang professional injury' na services out of di architects,t d toengineers,a surveyMS rendering of or e. A trust,trustees are also Insureds,but only with respect to their duties as irvstees, hlYaa to render any prolsssbnal gsrvkn Inebtling but red limited lo: 3. The Insurance provided to the additional Insured under tide endorsement is limited as follows: (1) The preparing.approving,or felting to prepare or approve maps,drawings,opirdons,reports,surveys. a. That person r rgamzalton In only an add/larval Insured with respect to tabaty arising out oh change orders,design specifications;and (1) Premises you cum,rent,lease,or occupy.or (2) Supervisory,Inspection,or anghreerbg services. (2) Your ongoing operations.unless the wrMen contract ofwrtlen agreement also requires completed t. SECTIONIV-COMMERCIAL GENERAL LIABILITY CONDITIONS,paragraph 4.Other Insurance is operations coverage(or wording to the same effect).In whklr case the coverage provided dial deleted end replaced wain One blowing: strand to your completed operations for that attention'insured. 4. Other Insurance. , Premises,as respects this provision,that include common of pubic areas about such premises Sao Any coverage provided in this endorsement Is excess over any other valid and celectibie Insurance available to required b me written contract or written agreement the arid/tonal insured whether primary,excess,contingent,of on eny other basis unless the writen contract 01 written agreement requires Mantels Insurance be primary.In which cane this Insurance will be primary without coftrgotbn from such other Insurance evadable to the addltonal insured. Includes copyrighted material of Insurance Services Office,Inc. Includes copyrighted material Of Insurance Sarvkes offre,Inc. CO 70 85 06 10 Page 1012 0070660610 Page 2of2 • (2) Under which the Insured.If en architect.engineer r surveyor,assumes Robley for an Injury or ' damage arising of of the Insured's rendering or failure to render professional services.Including • those listed In Paragraph 11)above end supervisory,Inspection,architectural or englneerhg activities. e.Damages because vf'bwAly irkeyi include c.Lfquor Liability Mintage,damned by ant person r npaldza- 'Bodily inure or'prapedy damage'for iMh - Mintage,S. CONTRACTUAL LIABILITY-PERSONAL AND ADVERTISING INJURY ton for care loss of nolo.or death resJlIg 'anylnazaed may be held labia by mason oh Under SECTION 1-COVERAGE B.paragraph 2.Eoduelone,paragraph..Contractual Liability k deleted. at rat'lime care, �'bodly 7' (I)Causing r conHbuWg he the Intotdr eon of 2.Exclusions ' 9. SUPPLEMENTARY PAYMENTS Thin hswara does not apply b: erry pancq • (2)The hma ra ring the almM&bounce le a Under SECTION I-SUPPLEMENTARY PAYMENTS-COVERAGES AAND B,paragraph 1.b.Is deleted and a,Expected Or intended Injury person whir tie legal ddnxing age or in- replaced with the following: 'Body hpay'or'property damage'expeoed der the Nissans of alcohol;or . • 1. b. Up 1002,500 for cost of ball bonds required because ofaccidnts or traffic law violations arising out - or Intended from the standpoint or he tenured (3)Any statute,ordnance or regtdaben rstating of the use of anyvehkle to which the Bodily Injury Wbaty Coverage applies.We do not have to Tine exclusion does no(eolly b 110110*re to the sale,OM,ditbtbutn or use Of Oleo- furnish these bonds, resulting from the use of reesoneMe free b hello beverages. • 111:0 416:1 Polak Of propefy, - his witted ue applies only If yen we In the. 10. BROADENED WHO IS AN INSURED b.Contractual Liability • business of maahctnelng,Elsblbuflg,saling, SECTION II-WHO IS AN INSURED Is deleted end replaced with the bbovring: Today hjvy'or"properly damage'for which . serving OrMntshhzg akohoto beverages, 1. It you ere designated In the Declarations sr tle Insured In obligated to pay degei by d.Woken'Compensation And Slmtlar Laws mason of the ass pticn of debility in 0 corn S. M IndMdual.you and your spouse ere insureds,but only with respect to the conduct of a business of tad or agreement Mk exclusion does not compensation,obligation d lie Yawee ands o woken' which you are the sole owner. appy to lJabiyfr damages: , • 10Y rat com n s Lion benefits nem- b. A padnership ajdnt venture,you ere en Insured.Your members, n)That the braved Would ha have b gm absence Emyplof t srryAtlsjr law r any sender lax, • are 5150 Insureds,but only wan respect to the conduct of your bus,your partners,and mete spouses d the cadrea r agreement t e e.FmpleyeYa Ushllm'y • Assumed h a contract s •Sody lnjwy'b: 0. A ended Obit),company,you are an Insured.Your members are also Insureds,but only with (2) Insured contract%provided he'bodily (1)M'ekployea•d the Insured arising out d respect to the conduct of your business,Your managers are Insureds,but only with respect to mob injury' 'properly dosage'wars subsea and In lie mine oft duties es your managers. quad to the execution of the contract or (a)Orgroymerd by the kaured;on rgan partnership,joint dy company,you are an agreement Solely for the purpoan of fahli- d. M o ¢axon other then a rtnersn t venture orImied gab' w Insured. Icy seamed In An Insured contract•,ma- Ile)or the defies related b the conduct Your•exewlive officers'nddi rectors are Insureds,but only with respect to their dines es your minable attorney lath end recenary Wlga- dUa lneuroda bWdea4'r oR ers or directors.Your stockholders ere also Insured;but nlywih respect to(heir liability at Von expenses!nodded by or for a part' (2)'The*poem,ddld,parent.bmmr or eider stockholders. other than an Insured are domed to be of that'employee'm e consequence or Paragraphs(i)(a),(1Nb)and(11(e)above do not apply loycur'emrpbyeas'whe Sr.; damages because of bodily hpay or Perrgraph It)shove, (I) Managers; WWrlYdamape'•R°videtl: •' Tina exduafon applies hem.the Insured (a)1JabEly te such party for,or for me cost may be Roble as en employer or In any other pl) 8upamvisrs; f,that p dy delerae h e eke been cepecly and to any oblgaion to share darn- (111)Directors;or ewrad In ya same lwred mxlrsrsJ; ngea wrm r repay Somers else who must (iv)OHceor and pay damages because of the ir�vry. • (b)Such attorney fags and Ilgalan ax- This exclusion does not apply to lobby ae- win respect to'bodily injury"to a co-'employse• .press sure for defense of that party awned by the hewed ceder n'Insured con- wall Each otmafol against a chi r alternative dispute bxt'. roving Is also an Insured: prraedi g h c d angea to whkh thin num.ah a. Your'volunteer workers.only while performing duties related to the conduct or your Denham.or lega& your"employees,'other then ether your'executive officers,'(Syou are an ogantraton other than a • partnership,joint venture or Smiled Satiety company)or your managers(if you area limited liability company),but only for acts within the scope of their employment by you orwhle performing duties • related to the conduct of your business.However,none ofthese'employeac or'volunteer workers' ' are insured for. (1) "Bodily Injury or'personal and advertising Injury: (a) To you,to your partners or members(If you are a par tnership orjolntventure)to your members IS you are a limited Polak company).toe co-'employee.whie In the course or his or bar employment or performing dunes related to the conductor your business.or to your other'volunteer workers'whin Pertormkg duties related to the conduct of your business; • Includes copyrighted material of Insurance Services Office,Inc. CO70831109 Page 019 Pagel of 16 0 ISOPropemes,InC.,2002 0000011207 0 • 0. Coverage B does not apply to-pommel and advertising Input'arising out tan offense committed before you acquired or Famed the orpan1atbn. • Exdwbe c through n.do not eppy to&mega 0.Materiel Published Prior To Policy Period d. Coverage A does not apply to'product recall expanse'arising out of any withdrawal or recall that by the to premises gd,le rented to you Or trmpo• Nasals'and advertising Injury miring out of attuned before you acquied or formed IM meant/alien. May otampled by you with pennbtl0n of the oral or melon publication of material whose 4. My paean or eganls0Hon(nbned b below as vendar)wih whom you agreed.because of a written owner.A aepareb limn of keaance applies to Wa iM pub6o8an took pare before the beginning contract or agreement to provide insurance Nan Insured,but only with respect to`badly Nary or coverage ndssofoed h9ecam 11—UmlbIX OFth•polry paned. -property damage easing alto,your products-mat are dictdbuled or sold In the regular course of the 1eERAGE' el ComIn.I Am • - vendor's business. INJURY GE B PERSONAL AND AOVERTIBIIIO 'Prided and bambino Injury.adding OA a • However.no such person or organization b en Insured with respect to: INJURY ytng Agreement a akelnel sot committed by or at the direction 1.'miming Agreement oltilehsured, - a. 'Boagy Injury`or'property damage'for which the vendor is obligated to pay damages by reason of a.We tel pay those alms that the insured be- B.ConlnchW Uebltly the aasumptbn of laollay In a contract or agreement This excluebn does not.ppy to lanky for tomes lseary obggabd to Pay sit damages gaaond end adverteinp lrtksy forhdgdn9le damages that the vendor would have In the absence of the contract or agreement. wild.*sI'personal end edvWeeWI have a gyred b06 awned lability In a contract orr • b. My express warnMy uneulhaaed by you; which• and Insurance a apple.Well have the agreement Thle exduabn dose not apply to 6- any M&6Mr duty to defend demean arov W MOW for deluges that file Inured WOW half e. My physical or chemical charge in'your product'made intentionally by the vendor, any Nog those dampen fbwewd In the abeam*of mania or agreement. d. Repackaging.except when unpacked Staley for the pun of inspection,demonstration,leafing,or vie ll have a dray to doford the reuhed 9 pose o agelrsd ery'axl'ruining demepa for'per- Y.Broach Of Contract the subsMUlion o(pads under Instructions from the manufacturer,end then repackaged In Na original tonal and whw6akg refry b which Ha In- Pommel and advert'slru In)rwy'arising out of container; • earns doer not apply.Maury,ry,el our Mae- a breach of contact.except an bodied ono- o. My him to melee such inapect'nns,edjustmenls,feels a servicing as Na vendor has agreed to an:investigate any oflaes end aefla wry Dad to ma 76In O adren8d' Idea In your make or normally undertakes to males In the moat course of business.In connection with the darn abulPthel may real.But 'adwrysement'. (11 The amount.we will pay for damages 16 dhWbulbn or Bele Of'your prodUCN'; knifed as deonlbe.f In Salon II—UMIa g.Quality Co omToSmarnente ds—Falbra L Demonstration,installation,seMeing or repair operations.except such operations performed at the To Conical To Slatemeno premises your pr Of herniae;and - vendor's In connection wN the sob ofNe' product.; (2)Or lips and duly to defend end when wit 'Personal it'd cods pro products rhkg not a have used m the applicable Dail a Insra- the failure o1 goods,predhca a mama b g. 'Your products'which,alter distribution a ditto by you,have been labeled or relabeled or used as a • sots in the payment of lodgments a r4 famrKe coed riot t 5 f qr pee conlalMr,pad or ingredient of any Mouthing a substance by a for Ne Venda. Vaunts under Coverages A or B or reds h Wrong Ora Of Pekes h. 'Bodily injury or'properry damage"arising out of the sold negligence or the vendor for its owe rots or cis amine/.under Caape C. ro rlp9on omissions or Nose of 0s employees or anyone she acting on Hs behalf.However,this exclusion No Other Ob6yenm or liability to pey Bans or Reroonel and advertising Irpry aslti9 eA of does not apply to: perform eds or seam,is covered wades ex- the Wong descdpien of to prtr Of goods, pithy provided for glider SUppbnlenWy Pay. products or services staled in your'advertise- (1) The exceptions contained in subparagraphs d.or f.:or monis—Coverages A and B. moat (2) Such inspecions,adjustments,tests or servicing as the vendor has agreed to mugs or normally b.TNakWlranca'apptea.b'peraael and adva- 1.Infringement Of Copyright.Pelegh undertakes to make in to usual course of business.In connection with the distribution or sales 'nag achy ceased by an offense wising out Trademark cord edade Sant the mediae. a your business but oay If 8w offense wee Wound and.t 06 aing INuy arising out of . Pled In ihe'coverage krdby darg Du the,.0ngeONot a WAN.Into Peal.halo This Insurance does not apply to any Insured persona organization horn which you have acquired'your Paley Period. mark,hells saaol a other hleledual properly products',or erg Ingredient,part,or container,entering into,accompanying of containing'your products'. 2.Ealuilone rights Under aid exdNInn,such ether titanic, No person Of ogenaaton le en Insured with respect to the conduct of any current or past partnership.joint This Inaraah®does not apply to. luel properly rights do not include yneir the use Of. venture or tailed flabbily Company that IS nit sham as a Named Insured h the Declarations. pRI rofMie-advertising Mr In your wls. a.Knowing Violation Of Rights Of Mather mere. 11.INCIDENTAL MALPRACTICE LIABILITY 'Personal and advertising Injury caused by or Hoiwever,tab exduelon does not apply to W As respects provtslen 10.,SECTION II—WHO IS AN INSURED,paragraph 2.841)(d)does not apply to any • at he direction of he Insured with the Mimi fdngernent in your'.dYara sonar,d cepp • nurse,amergen<y medical technician a paramedic employed by you to provide medical or paramedical • edge Net No Id would*rate the and as date right,Inds dress aelog servkas,provided that you are not engaged N the business or occupation of providing such services.and your o ther and would Inflict`personal and advertise J.Inured,In Media And Internet Type 'employee'does not have any other insurance that would also cover claim arising under this provision, ki0 bruit'• Businesses whether the other Insurance Is primary,excess.contingent or on any other basis. • b.Falett Material Rebilshed With Knowledge Of personal end adwrtdrg blwy committed by FateNy an klarBU whose bualrasa is Under SECTION HI-LIMITS OF INSURANCE,provisions 12.through la.of this endorsement emend the policy ae `Paroonel and edone ishrg Hooyy adoring as of J1)Advertising, broadcas&g, publishing a knows oral or Witten publication of malarial,)(doe by 12.AGGREGATE LIMITS PER PROJECT or at le direction a the Insured wilts Mow). telecasting; • edge din Maly. (2)Designing or determining COMM of web- Tina General A fipregate Lair applies sapenley to each of your construction projects away ban premises stn hr others;or • wined by or rented to you. Includes copyrighted material of Insurance Services Office,Inc. Page 6of15 O ISO Properties,Ina.2006 . . CG90011201 U Page of C0 70 63 11 00 • POLICY MGM CP1.20621Ba rA1ED INSURED:PAVECON,LTD. (2) Cease any further release.shipment,consignment or any other method of distribution of like a sonar products until a has been determined that al such products are(fee from defects Sent could be ace se of foss under the burro nee. THIS ENDORSEMENTCHANGES THE POLICY.PLEASE READ IT CAREFULLY. 18.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph e.Representations is deleted and replaced With the following EARLIER NOTICE OF CANCELLATION 6. Representations PROVIDED BY US By accepting Nis policy,you agree: a. The statements in the Declarations are accurate and complete; Number of Days Notice 90 b. Those statements are based upon representations you trade to us;end Foamy ab0XOrily pealed reason other then nonpayment of premium.the number of days required c. We have Issued this porky In reliant.upon your representations. furnace of caraciblonIs increased to the number of days sheen In the SMedue drove. We will not deny coverage under this coverage pert If ya 000denlbnafly hl to dleefo0e ell hazards 11 his may Is cancelled by us we all end ore Need Insured and any pent'Yabd h the fdowInp existing as of the inception date of Nis potty.You must report to us any knowledge of en error or • sdedmle notice c of cancellation us bawd on the number of days dace down above. omission In the de:orpten a any premises or operations intended to be covered by the Coverage Form as soon Co practicable after Is docowry.However•this provision does not effect our right to collect additional premium or exercise our right of cancellation or nonrenewal. SCHEDULE 17. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) Paragraph 6.Transfer of Rights Of Raevery Against Others To Us Is deleted and replaced with the imam/Person or Organnagen BLANKET fallowing e. lithe Insured has rights to recover al or part of any payment we have made under this Coverage Form Melling Add,eon ANY PERSON OR ORGANIZATIONWtTHVMOM THE NAMED INSURED HAS those rights ore transferred to us.The Insured must do nothing alter foss to Impair them At our request, ENTERED INTOAWRITtEN CONTRACT REQUIRING WRITTEN NOTICE OF IM Insured all bring Mir or transfer those rights to us end help us enforce them.However,If the Insured CANCELLATION PER CERTIFICATES ON FILE WITH COMPANY.EXCEPT 10 DAYS has waived rights b recover through a written contract or gyoar wore was commenced under a been of NOTICE SHALL BE GIVEN FOR NON-PAYMENT Intent or work order,subject to a subsequent reduction to veiling with customers wtese customary contracts regales•waiver,we waive any right of Navvy we nay have under Nls Coverage Font 18.EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL Paragraph 2.b.or A.Cancellation of the COMMON POLICY CONDITIONS Is deleted and replaced with the following: b. 60 days before the effective data of the cencelletion t we cancel for any other 108600. Under SECTION N—COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 9.When We Do Not Renew is deleted and replaced wIh the following: 9. When We DO Not Renew a. We may elect not to renew this policy except.that under the provisions of the renal Insurance Code, we may not refuse to renew thin policy solely because the policyholder's an elected official. b. If we elect not to renew this policy.we may do so by mailing or 4.Maring to the first Named Insured, at the last rreiig address known to us,written notice of nonrenewal,stating the reason foe nonrenewel,at least 00 days before the expiration date.B notice Is mailed or delivered less than 80 days before the expiration dale,this policy vat remain In effect until the 81st day alter the dale on which the notice Is mailed or delivered.Earned premium for any period of coverage that extends beyond the expra6Cn date MI be computed pro rate based on the previous years premium N Vallee Is maned proof of mating will be sufficient pr00f of notice. d. The transf er of a policyholder between admitted companies within the sere Insurance group Is not considered•tense'to renew. 19. MOBILE EQUIPMENT REDEFINED Under SECTION V-DEFINITIONS,paragraph 12.'Moble equipment.,paragraph f.(t)dose not apply to self- 11.70450507 propeled vehicles 01 less than 1,000 pounds grass vehicle weight that ere not designed for highway use. Includes copyrighted materiel of Insurance Sarvkes Ogre.Inc Page 8 of 9 C0 70 63 11 09 • POLICY NUME6R: CA2062879 NAMED INSURED,PAVECON, LTD. POLICY MBOBEN, G2062819 NAMED INSURED: PAVECON, LTD. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. (2) This coverage doffs not apply Axle there is a spare or reserve-auto-available to you faypur TEXAS ADVANTAGE pperaEax COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 7. AIRBAGCOVERAGE Under SECTION IR•PHYSICAL DAMAGES.EXCLUSIONS.paragraph 3.1s deleted and replaced by the fa This endorsement modifies insurance provided under lefollowing: 3. We tots not m i.loss"mused by or restating from any of the following unless caused by diner loss' BUSINESS AUTO COVERAGE FORM Yetis coved by WS Insurance: (1) Wear and tear.freezing,mecbankal or electrical breakdown.However,this exclusion does rot • With respect to coverage provided bytis endorsement•the provisbns 01 ga.Coverage Fan,apply unless modled Indude the discharge of an airbag. by the erhdersemenL (2) Blowouts,punctures mother road damage to fires. The premium for this endorsement Is S 8. GLASS REPAIR—WAIVER OF DEDUCTIBLE 1. BROAD FORM INSURED Stollen BI—PHYSICAL DAMAGE COVERAGE,D.Deductible Is amended to add the following: SECTION II•LIABILITY COVERAGE,A.1.Who Is An Insured Is amended by the addition of the following: No dedrellk eppses 10 glass damage li the glass Is repaired rather than replaced. d. My organisation you newly acquire or form,other thane paNwrslp)oink venture or',Med Sahel. 9. COLLISION COVERAGE—WARIER OF DEDUCTIBLE company,and over wiichyou maintain ownhrahp or e majority Merest will quafdyas a Nenned Insured. Under Section III.PHYSICAL DAMAGE COVERAGE,D.Deducible Is amended to add the following: However, (1) Coverage under Ws provision Is agorded only until the end of the policy period; was used by a u another milei red CdOsbn Covwage,rodeducthle mil apply Yge loss by by us. 12) Coverage does not eppy to'acddenls-or l ass-Ihal occurred before you acquired or loaned the 10.KNOWLEDGE OF ACCIDENT orgairatnn;and (3) Coverage does not apply."an ongerdeolktn that is n Insured-under any direr Under SECTION.-BUSINESS AUTO CONDITIONS,A.Loss Conditions,2.Dulles In The Event Of potty or woukibe an Aeddent Claim,Sell Or Loss,paragraph a.Is deleted and replaced by the following, Insured'but for its lerminaton or the exhausting of its Ern of insurance. _ practicable e. My'empleyee of yaws using: i Knowledge fen-ccident',,dean.'e*'on las-byyaumployees'slha not.b tsdt COnstWle. (1) Atmore&-eulo'yal do not Oro,Akemhonaw,me covered-aVio-not owned by tlhe-employee'm knowledge to you unless one&your panne:.eaeaWa officers,directors.maagen.mmembem CONN a member of irk or her household,wNeperforming doges retired b to conduct of your business Or Ina a kited EahWycompanyj has knowledge d Ua'acdtlerhf,daM,'suA'm'bss-.Notice shouts your personal affairs;or tea' C2) An'dub'hired of rented under a cont th act or agreement In at-employeer more.wsayour (D How,when and where the`ecddent'or loseaccwred; permission,while pertornit dotes related to the conduct of your business.However.your (2) The lnsured's'name and address;and -enpbyee'does not qualify as an insured ceder this paragraph(2)while using a covered"mild rented from you or horn any member of the-employees household. ,(3) To the extentposable,the names and addresses of any injured macros and witnesses. 1. Your members.Ilyouare a Wiled iabity company,while using a covered'auto-you do rot own,hire or 11.TRANSFER OF RIGHTS(BLANKETWANEROF SUBROGATION) borrow and while performing doges Mated to the conduct of your business or your personal affairs. Under SECTION IV-BUSINESS AUTO CONDITIONS,A.Los Conditions paragraph 5.Transfer Of Rights g. Asypenon or organization with whom you ogre.In a w when:rained,write agreement or pemi.b Of Recovery Against Others To Us Is deleted and replaced by the following: provide insurance suds as Is afforded under tMspokyb,A aiy web respedtoyomcovued-EDW. S. Transfer Of Rights Of Recovery Against Others Told This prevision des not eddy ifarw person or aganiaatonto or for wham we make paynwMpnder tis Coverage Form has NOM to (1) Unless the wraten contract or agreement is exerted or the per it is lensedpNm to the'badly hwy. recover damages from another,those rights are transferred to us.That person or Organization must do or-property damage.; everything n.essary to secure our dghts and must do nothing ater-acddena or lose o Moak them. However,K the snowed•has wandrights le d recover hough a written centred,oily..work was (2) To and person or oryanbatbn Included as an Insured by an endorsement or In the Decimations;or commenced under a Remo(latent or work order,subject to a subsequent reducWnM we .h (3) To any lessor of 00005 unless: customers nose customary conk..retie•waiver•we waive any debt of recovery we may have antler this Gvemge Form. (a) The lease agreement requires you to provide direct plenary Insurance for the lessor; (b) The saute is leased witodadhen and • Indust.scopyrtghted material of insurance Services Office,Inc. Includes copyrighted material of Insurance Services Office.Inc CA711B1109 Pagel of Paget of CA711811OD POLICY WINDER. G20628/0 GEED INSURED, PAVECON, LTD. 12.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS - - Under SECT/ON IV-BUSINESS AUTO CONDMONS.B.General COndidona,paragraph 2. POLICY NUMBER:Gaeiaena COMMERCIAL AUTO• Concealment,Misrepresentation Or Fraud is amended by to eddtion al the following: CA716510 07 We nil not deny coverage ceder this Coverage Form if you unintentionally al to disclose all hazards THLs ENDORSEMENT CHANGES THE POLICY.PLEASE READ It CAREFULLY. existing as of the inceptors date 0(Nis poky.You must reporter us any knowledge elan error momission In your representations as soon as practicable after la discovery.This provision does not ailed our light DESIGNATED INSURED•PRIMARY COVERAGE• col.additional plemkan or exercise err right of cancelaen a non-renewal. 13.BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS • • When required by written contract or written 0peement,the definition of Insured otnwcfI amended TNS eritOOrsemW rarities insurance provided Undo the as follows: BUSINESS AUTO COVERAGE FORM —. The eacepliuncontained In paragraph H.3.relating to consbudlon or dernolten Operabne on or within 501e.of a calmed;and - The provisions of the Coverage Form areytien changed by this endorsement —Paragraph HA. HON endmmnanl k endk.persona)of oeganizaten(N 15.10 aroinsured'soda the Who NM koXed are deleted with respect to the use of covered'auto.In operations tor,or affecting,a railroad. PnoAsbn d tla Coroepe T-om1 This endorsement changes the poky on the kx:oJondet of theme..mites another date Is.11orn,tdow. Endorsement Effective: 1/1/2013 Countersigned By, • •Named Insured: Pavecon, Q • I COrt,LEO. �((� (Aal,brhed ReprelmtaWe) (No**rosy appear above.If.oO.Information to complete this endorsement lain the Decbatieni.) • Semen l—Llano.Coverage.A.Coverage,I.moo Is M Insured Is amended to odd:. • "Any Person or OtganWZaun With whom huh..an-hauled coriacf vddd,readroo I.that P.asaroOq0Nra le ha eddedea an*need'ader.IMapollcY,and• I IM.policy to bepMay roACOSIMobyI.any hi.bsl.O0*avalaab to Personm Ogentatah, Each such person a organization is an loured'for They are an Insued-oily B that person en orgeiiatims W nine8ed-wreath SECTION II of the Coverage Form The tweed between em Named Nnred and the pe1eon or agnmbakn is an'FBmed Contract.. Includes copyrighted naiads'of the telsiraNe Seines Dike.InC..eth ba pernissbn CA 71 1110 O7- Isurance SeMcos eke,1901.• Page 1 oft Includes copyrighted material el Insurance Services Office.Inc. CA711911119 Page of POLICY NUNEZ.:CA2062179 NAMED]HOMED:PAV6<n,LTD. POLICY RUNe¢aa YC-IOSi.a) NAKED IN6MCD,PAV¢COII.LTD. MS ENDORSEMENT CHANGES THE POUCY.PLEASE READ IT CAREFULLY. HIS SRoORSEMDIT CHANGES THE POUCY.PLEAS!READ IT CAREFULLY. • EARLIER NOTICE OF CANCELLATION EARLIER NOTICE OF CANCELLATION PROVIDED BY US PROVIDED BY US • Number of Days Noun SO Nun.(of Dare Nada. 10 For any statutaOy nonrated moon ether than nonpayment of premium,the numb er of days required folrode.eleNue.don Is Fop any.t.tutaAY Moaned re...nethert:n nenceym.nta p.me...Laenumber of days requited for route of anctlalbnIs kicneased to Uo number of days shown In the Sched.*above. leaden.]M the number of days shown In the Sr1wouIn.LOPS. If Ude policy le canceled by us we We seed the Named kneed and any arty lead In the lolowbyl schedule meat of cancellation If INS poky le cancelled by us we wit sand the Named Intend cod soy any listed In the following sohedJe node.of a.nceeelion based on the number of days nodeo gown above. bead on the number el days notice shown gave. SCHEDULE SCHEDULE Nana e1 Paean or Or.enb.UOn Noma of Pawn a Oscacu0on TM Hame of hem.a arpeda ban In env semen or a9eaireWA Mbm•ardlk.*of been. The Nane of hewn or Orpdaatlerl le err person oroymdelbn Mira a Conflate of 105.001. bated Ievelt.Provided dl.oadllstst bawd M you.peaked the Cedllaae 1. Refers to this poky; I. Ref.rs to tills polo,; 2. Steles that notice of: 2. Sum.Chet notice oh ..Cancellation: a.Conceeallore b.Havener,*or b.Nennnew.l; .Marorlal change sedation or melded,towage; 0.Materiel change reducing a rntrct/N awake: MI be praddart to Owl pawn or aoaietkm will be provided to that paten'..wpdudot 3. kNeffect at the thnu of Ma: S. Is In effect at thetnw of that a.CMCedelloq ..Cncabtioa b.Noa.newab er bb.Nov enema or .Material almost mdudg a n.hkl'mp mverp4 end o.Maledel thence redwing no rntdnina course;and 4. Is on M el your Karol er broker's office la We poky. 4. Is on iM St your spent a brokers ale.for this poky. Maslas Addles. Yatng Add.. The Mailry Addle.Is the Raba.shown for th.t perm a marauders In that certificate of TM Wks Alan.le the a4dloss gown ler that peruse et occultation In that swilket.of Insurance. Insurance. 11704505 D7 A70450507 POIUIING PART OF POLICY NUMBER: 1000020196 NAMED INSURED: PAVOCO,. Ltd. WORKERS COMPENSATION AKIO EMPLOYERS LIABILITY INSURANCE POLICY WC 4103 04 A -I(Ed,t DDI EXCESS LIABILITY POLICY FORM TEXAS WAIVER OF OW;MO NT TO RECOVER FROM OTHERS INDORSEMENT, Varian provisions In Ws Policy r.stdal coverage. Read the only.Policy carefully to detain*.rights. Tide.Od0lsemenl epplM.only le the bwSa t0 provided by the poky b.reufa Twee H Shown In Item 3,1%.of duties and why is and is not covered IM I famed P.1' we hem to light to pays te born erryonle liable let to b Ise,eo ot.d by ado pw*y.we WO not Throughout this Poky,the words you and your refer to the Named Insured as shown In ITEM 1.01 the - MI tight./.hoist rho pus erwe/th tbn nested In the Schedule.but this Waiver apples only with ( - Declarations.The wards we,us and our refer to the Company shown In the Declaration pravfding hats pact le badly InpHy rising Wt of the operations deserted In the Schedule Where you are,•gdod by• Insurance.wattan...Seel le obtain INs welvei from be. Tlmle aMOreansM atmull net worsts droofry a bstn,Gty to beam enyersa nor moused n Dee lgedl4o. - - The word insured means the Named Insured and any person a aganballon qualifying as an Insured n The cranium ium for W a Cndorwment N Hawn NUo Sdwdole. - the First Underlying Insurance d In the Fitt t only Underlying that ncen! ben)e1 se in Peion dal of arganoley. e)qualify ac as an Arson,d tie niza ns must comply it PSECCTIO al the CONDITIONS,dale of BchoAie C a ages In tir order acquired or formed organizations moat arnpry with SECTION IV.CON01710N5,0. Changes n order b qualify fa coverage. 1. 1 )spodmwaiw. Nano of person a o51sNcU0 Words end phrases that appear In quotation tads have special meaning.Refer to SECTION III. DEFINITIONS,or to the spedfic section,of Ws Palley where such words tippers. SECTION I.COVERAGE A. We v.111 pay on behalf of the Insured.the'Ulinale Net Loss'in excess of the'Underlying Insurance as shown In ITEM 5.of the Declarations,that the Insured becomes legally obigoted to IX/Ganital Welver pay for loss or damage to which ties insurance applies and that lakes place In the Coverage Apaaw a brosmJ.tb,la Ytl.om rho Hagod Insured Iw mimed by mitten mintiest a IurnYt W. Termdory.Except fa the tame.de5ntbrd,ardeions and exclusions of this Peary,the coverage Any nyP provided by This Polley shell follow the terms,definitions.coldilone and exdaons of the appliude FM UndedIAlg Insrumee P01cy(NS)shown In ITEM AA.of the Dedamlona. 2. Operations:: - 1 B. Regardless of any other warentlee,lams,conditions,exclusions or Ibnnaliona of this Policy X any epplicablo Underlying Insurance Pdky(les)does not cover-Utknate Net Las'for reason other 3, Plombm than exhaustion of Es WE of Eabidy by payment of dams a ales,than this Policy will not cover The MINIUM cherydlot Ole endorsement Mall be 0.010 percent of the premium dovdapaa an parrot In such'Ultimata Net Loss connection w111,work performed la Ito above perm—V/1 or areonlaationt.).rays.out W IM operation. Oatttibed. - C. The amount we wit pay for the'Ultimate Net Las'is limited as described In SECTION II.LIMITS 4. AdvWm.prsnulm OF INSURANCE. SECTION II.LIMITS OF INSURANCE A. Tito LIME,of tnswelce shown In the Dedua0aw and the Riles below descnbe the most we vel pay regardless of the number of: 1. Insureds; 2. Claims made or suds brought;or . - 3. Parsons or organizations making claim ex bringing suite. • 1' B. The Lints of Insurance of WS Policy will apply as(Glows: • 1. This Policy applies only In excess of the'Underlying Insurance'scheduled in ITEM 5,of the • This enderaenenl denies Vw psicy b which h N Waded Odd N.heathe do the dew Issued oasts edwfAss anted - - Dadastina. ATM Inlemetln below le reeled aN when SNS a dasestent h haed hbl squat to prpanlan of 11p Ookl.l 2. If our Limits of Insurance elated in ITEM 4.of the Declarations are less then the trial Ikons of fndpeatenl Eilactiw T/1/]ell Pater Nat,tsC2061843. Eadaudnant He. InatAance staled in ITEM 4.of the Dedaretlons,then our Limits of Insurance shall be that I k ed Psv con. Lw.: • proportion of the'Unseats Net Lae to vAaeh ourLfmis of Insurance apply to the tole Limns of (/v b,C1�r Insurance slated n ITEM 4.of the Dedarelons end apply only In excess 01 the total Lints of t Mo.CenprW CourlwJWnd bf o- , 'Undedyap Insurance'scheduled In ITEM 5.of the DOdamlons. I I' ' XS-100(10/00) Paps of 10 Copyright tea.V.start it company and stair Indemnify{Labieb coopMy.AY 4.1!.te.md lalua.eopJWxa4 malattd of ISO Peamas.Ins.,used eta Itsafw.MUR SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS 1 HE - CC COFFELI T Y . 0F A 5 CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. DIVISION 100: GENERAL PROVISIONS ITEM 101.—DEFINITIONS&ABBREVIATIONS SC-101.1 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Consulting Engineer: Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or their authorized representative,Verdunity,Inc., 1302 Andrew Court,Lewisville,Texas 75056. Calendar Day: Add the following sentence to the end of the working days defmitions: "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy- two hours notice required. All overtime incurred by the City for inspection services and any overtime incurred by the testing laboratory shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." The pay rate scale for Inspector overtime charges will be$54/hr. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. 3-2 Standard Specifications Supplementary Conditions ITEM 103.3—SURETY BONDS SC-103.3.1 Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50%of the cost of the public improvements for a 2 year period." ITEM 103.4-INSURANCE SC-103.4.6 Add the following new item: "103.4.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR." SC-103.4.7 Add the following new item: "103.4.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor,CONTRACTOR will obtain the same." SC-103.4.7a Add the following new item: "103.4.7a Verdunity, Inc. shall be included as an "Additional Insured" on all project liability insurance." ITEM 103.6-NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC-103.6 Add following sentence to end of Item 103.6. 3-3 Standard Specifications Supplementary Conditions "Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work." ITEM 104.2-CHANGE OR MODIFICATION OF CONTRACT SC-104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 105.1—CONTRACT DOCUMENTS SC-105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications,manuals or codes." SC-105.1.3 Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies". Add the following to the end of Item 105.1.3: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor is responsible for obtaining a copy of these standards prior to beginning construction. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." ITEM 105.2-WORKMANSHIP,WARRANTIES AND GUARANTEES SC-105.2.2 Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years". ITEM 105.4—CONSTRUCTION STAKES 3-4 Standard Specifications Supplementary Conditions SC-105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Monumentation has been provided for establishing vertical and horizontal control. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 107.3-OWNER'S OFFICERS,EMPLOYEES OR AGENTS SC-107.3.2 Replace Item 107.3.2 with the following new paragraph: "107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge,expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor." ITEM 107.14-STATE AND LOCAL SALES AND USE TAXES SC-107.14 Delete Item 107.14 and substitute the following in lieu thereof: "107.14 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. 3-5 Standard Specifications Supplementary Conditions It is still possible, however, for a contractor to make tax-free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials,which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals,form materials,etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project." ITEM 107.19-PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-107.19.2.1 Add the following new Item 107.19.2.1 immediately after Item 107.19.2: "107.19.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CON TRACTOR 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 3-6 Standard Specifications Supplementary Conditions Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." ITEM 107.23—EXISTING STRUCTURES,FACILITIES AND APPURTENANCES SC-107.23.2a Add the following new Item 107.23.2a immediately after Item 107.23.2: "107.23.2a Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract." ITEM 108.1—PROGRESS SCHEDULE SC-108.1 Amend the first sentence of Item 108.1 by adding the following at the beginning of the sentence: "If requested by Owner,Engineer or Contractor". ITEM 108.3-OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC-108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 108.8; however,no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 108.3: 3-7 Standard Specifications Supplementary Conditions "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 108.8." ITEM 108.8-DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC-108.8 Add the following at the end of the last paragraph in Item 108.8: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203—SITE PREPARATION: 203.3.2 Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer." ITEM 203.7-EMBANKMENT: 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." DIVISION 300: ROADWAY CONSTRUCTION ITEM 303.—PORTLAND CEMENT CONCRETE PAVEMENT: 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. ITEM 303.5-CONSTRUCTION METHODS: 303.5.4 Joints 303.5.4.2 Expansion Joints: Replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of 3-8 Standard Specifications Supplementary Conditions radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. 303.5.4.2.3 Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 303.5.4.3 Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to T/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb,unless otherwise directed by the Engineer." 303.5.6 Finishing. 303.5.6.1 Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." 303.5.6.2 Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." DIVISION 500: UNDERGROUND CONSTRUCTION AND APPURTENANCES ITEM 504.—OPEN CUT-BACKFILL: 504.2.3.3.3 Additional Requirements (2) Additional Requirements for Type "B" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 504.5-EMBEDMENT: 504.5.3.2 Compaction. 504.5.3.2.1 Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by 3-9 Standard Specifications Supplementary Conditions ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." DIVISION 800: MISCELLANEOUS CONSTRUCTION&MATERIALS ITEM 803—SLOPE AND CHANNEL PROTECTION: 803.3.3 Riprap Construction Methods 803.3.3.6 Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83." 3-10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS ...T_.,k#COFFfLL E • C ! S Y0 F 4 6 1 b 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. 1.2a CONSULTING ENGINEER: Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Verdunity, Inc., 1302 Andrew Court, Lewisville, TX 75056. 1.3 STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix `C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance(Ord.#94-643) shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER,only. 1.5 PROJECT DESCRIPTION: This work shall consist of the Tax 2012C Street Reconstruction of Southern Belle Drive. This project will include the removal of existing pavement, unclassified excavation, the construction of new pavement, the installation of related drainage, water and sanitary sewer improvements and all appurtenant work as laid out and described in the construction plans. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project No. TAX 2012C. 1.6 EXPLANATION OF CONTRACT TIME: In the event the Contractor completes the contract prior to the expiration of the Original Contract Time, the Owner will pay the Contractor an incentive payment of the Daily Value amount specified in Item 19 of the Instructions to Bidders in the Contract Documents for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions set forth below. The term"Original Contract Time" as used herein will mean the number of calendar days established by the Contractor for completion of the work of the Contract on the date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the incentive payment stated above, the Original Contract Time will not be adjusted for any reason,cause or circumstance whatsoever,regardless of fault,save and except in the instance 4-3 Specific Project Requirements of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, disruptions, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, weather, weekends, holidays, or other such events, forces or factors sometimes experienced in roadway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the incentive payment set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event the project is altered by work deleted, change orders, supplemental agreements,utility conflicts, design changes or defects, extra work,right of way issues,or other situations which are not the fault of or a direct result of contractor negligence which may impact the critical path of the project construction schedule, the Owner may choose to negotiate the extension or reduction of the Original Contract Time with the Contractor. In the event of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the Owner shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time, will be used in calculation of any incentive payment. In the event the Contractor and Owner are unable to agree to the number of calendar days to extend the Original Contract Time, the Owner shall unilaterally determine the number of calendar days to extend the Original contract Time reasonably and necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the Owner were arbitrary or without any reasonable basis. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Provision. As conditions precedent to the Contractor's entitlement to any incentive the Contractor must: 1. Actually complete all Contract requirements, including the completion of all punch list work, and obtain final acceptance by the Owner prior to expiration of the Original Contract Time. 2. The Contractor shall notify the Owner in writing, within 30 days after the final acceptance of the Contract by the Owner, that the Contractor elects to be paid the incentive payment which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgement of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the Owner, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, 4-4 Specific Project Requirements the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions,utility conflicts, design changes or defects,time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts,events,conditions,circumstances or potential damages,on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgement of satisfaction shall be all-inclusive and absolute, save and except any routine Owner final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the Owner prior to expiration of the Original Contract Time, or should the contractor,having timely completed the Contract and obtained final acceptance by the Owner prior to expiration of the Original Contract Time, but having failed to timely request the incentive payment for any reason, and including but not limited to the Contractor choosing not to fully waive, release and acknowledge satisfaction as set forth in (2) above, the Contractor shall have no right to any payment whatsoever under this Article. Notwithstanding the Contractor's election or non-election of the incentive under this provision, the disincentive provision applies to all circumstances where the work in the Contract is not finally accepted by the Original Contract Time. Should the Contractor fail to complete the Contract on or before the expiration of the Original Contract Time, as adjusted in accordance with the provisions above, the Owner shall deduct from the moneys due the Contractor the Daily Value specified in the Contract Documents for each calendar day completion exceeds the Original Contract Time. This deduction shall be the disincentive for the Contractor's failing to timely complete the Contract. This shall be strictly enforced. In the event the Contractor elects to exercise this incentive payment provision, should this provision conflict with any other provision of the Contract; the Contract shall be interpreted in accordance with this provision. Any reference to "Substantially Complete" shall be interpreted to be complete with the Contract with no work remaining on the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances,rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 4-5 Specific Project Requirements 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared for this project. The City of Coppell Standard Construction Details were used for pavement depth and subgrade preparation. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction utilizing qualified survey personnel. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or re- inspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the Owner does not alleviate the contractors'responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees that obstruct the installation of the improvements as outlined for this project in these Contract Documents. The penalty for the removal or destruction of a tree without obtaining written permission from the Engineer shall be $500.00 per caliper inch payable to the Owner. If damage is occurring or is likely to continue, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 4-6 Specific Project Requirements 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under pay item to Furnish,Install and Maintain Traffic Control Devices. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish,erect and maintain such warning devices,barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. In preparing the traffic control plan, the contractor shall take into account that the project will be constructed in multiple phases. The contractor shall be responsible for placing notices on private residences prior to the beginning of each phase that shows revised traffic patterns.No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been fully and finally accepted by the Owner. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and 4-7 Specific Project Requirements replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental to pay item 102 — Prepare and Implement Traffic Control Plan. 1.16 EXISTING UTILITIES,STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site,the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction directly with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair,the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project, and/or when requested to do so by the Owner. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance 4-8 Specific Project Requirements acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright,clean,polished and new-appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents,but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction of the various improvements shall be removed from the property by the Contractor. Any required burning and/or disposal permits shall be the sole responsibility of the Contractor. All excavated materials in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner by the Contractor. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling,testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of fmal completion and acceptance of the project. 4_9 Specific Project Requirements SHOP DRAWINGS,PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications,accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information that is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4. Conformance with specifications. 4-10 Specific Project Requirements C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with Engineer's review. E. Keep one(1)approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the contractor requires,plus two that will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier c. Manufacturer 4. Identification of the product. 5. Field dimensions,clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on re-submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a\coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a register engineer on all structural submittals. D. REVIEW: 1. Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 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 4-11 Specific Project Requirements all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes that have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for re-submittal, or acceptance of submittal. C. Return submittals to Contractor for distribution,or for resubmission. 4-12 Specific Project Requirements SECTION S DESCRIPTION OF PAY ITEMS T H E • C I T if • O F COPPELL x R 5 + 1 5 5-1 Description of Pay Items SECTION 5-DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the CONTRACTOR can fully understand the scope of work involved with the Pay Items. A. Construction No Pay Items: All work necessary for the orderly completion of the project,but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, with the exception of the new sign paid under various Bid Items, (b) removal of spoils, (c) water for construction, (d) surveying to establish grade, (d) maintenance of streets during construction, (e) sprinkling for dust control, (f) project trailer if needed, and/or (g) any other incidentals necessary to complete the work whether directly called out within the plans or implied. B. 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. Bid Item 100 — Mobilization: This payment item shall include the mobilization and demobilization for the construction of the project. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Mobilization shall be defined as all necessary equipment, supplies, materials, and personnel on the job site ready to begin construction. Note: The total amount bid for Mobilization & Demobilization shall not exceed five percent (5%) of the Base Bid amount, exclusive of this pay item (adjusted contract amount). Measurement and payment shall be as follows: Ten percent(10%) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount completed. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid on the next monthly estimate following the 90% payment. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 5-2 Description of Pay Items Bid Item 101 —Furnish, Install, and Maintain Project Sign: This pay item shall consist of the installation of the project signage on the south and north ends of Southern Belle Drive. Each sign shall be constructed in accordance with the details found in Section 6 of the Specifications. If the city logo cannot be produced as an integral part of the sign,the City will furnish the City logo. The contractor will be responsible for maintenance of the sign for the duration of the project. Any debris, graffiti, or damage caused by any means shall be cleaned or repaired by the contractor at no additional cost to the city. Measurement and payment shall be made on the basis of price bid per (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Bid Item 102 — Preparation of Right-of-Way (complete): The work for this item consists of preparing the right-of-way and designated easements for construction operations by the removal and disposal of all obstructions from the right-of-way and from designated easements, where removal of such obstruction is not otherwise provided for in the plans and specifications, or provided as a separate bid item. As part of this bid item, Contractor must video and provide copy to City of existing conditions within entire work area prior to the start of construction. All work shall be done in accordance with NCTCOG (Item 203.3) specifications. Measurement and payment for preparation of right-of-way shall be on a lump sum(LS)basis. Bid Item 103 —Prepare and Implement Traffic Control Plans: This work includes developing and preparing a Traffic Control Plan, and then implementing and maintaining the required traffic control devices during each phase of construction, in accordance with the appropriate details and specifications, including the TMUTCD. Inclusive with this pay item is the requirement for adequate notification and instruction (i.e., printed notices delivered to individual homes and businesses, electronic message boards, signage, etc.)to be given to adjacent property owners and to the traveling public regarding interruptions or changes to established traffic flow patterns to, from and along the work site. This work also includes the use of flagman, if necessary, to control traffic in an orderly manner as it enters, exits and/or passes through the construction area, as well as the installation and removal of all temporary riding surfaces. Additionally, the Contractor shall maintain the existing roadway and temporary riding surfaces in a safe driving condition at all times during construction. The Contractor shall provide, utilize and update one (1) message board for each direction of traffic affected by the work, with the location and message to be determined during construction. Traffic control plans and updates shall be provided to the Engineer for review prior to construction or modifying any traffic flow (changing lanes, road closures, changing a street to one way, etc.). Any lane reductions on divided streets will require the use of an arrow board as described in the TMUTCD. Measurement and payment for traffic control work performed and materials furnished shall be made on the basis of the price per price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete all phases of the work. Payment will be made on a prorated basis, with the percentage based on the amount of time bid on the contract. In the event the contractor exceeds the time bid on the contract,no additional compensation will be paid under this pay item. 5-3 Description of Pay Items Bid Item 104—For Unclassified Street Excavation: The work for this item consists of all labor, materials and equipment required for excavation within the limits defined in the plans, the removal, proper utilization or disposal of all excavated material, and the shaping and finishing of all earthwork in conformity with the grades defined in the plans. All work shall be done in accordance with the plans and City and NCTCOG (Item 203.4) specifications. Measurement and payment for unclassified street excavation shall be on a per cubic yard (CY)basis. This item shall be based on the quantities shown in the plans. Bid Item 105 — Remove Existing Inlet: The work for this item consists of all labor, materials and equipment for removing existing inlets per the plans and shall include disposal of materials during construction. Measurement and payment for removing existing inlets shall be on a per each (EA)basis. Bid Item 106 — Remove Existing Storm Sewer Pipe: The work for this item consists of all labor, materials and equipment for removing existing storm sewer pipe and shall include disposal of materials during construction. Measurement and payment for removing existing storm sewer pipe shall be on a per linear foot(LF)basis. Bid Item 107 — Remove and Replace Street Sign: This work includes the removing and replacing existing street signs as noted in the plan. The work and materials as prescribed by this item will be measured by each sign removed and replaced. Each sign shall be replaced in accordance to City of Coppell and NCTCOG specifications. Measurement and payment shall be on the basis of each street sign (EA) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work. Bid Item 108 — Remove and Replace Brick Mailbox: This work includes the removing and replacing existing brick mailboxes as noted on the plan. The work and materials as prescribed by this item will be measured by each brick mailbox removed and replaced. Each mailbox shall be photographed before the start of construction. Each mailbox shall be replaced at or above the photographed condition of the mailbox. Measurement and payment shall be on the basis of each mailbox (EA) complete in place and accepted. The bid price shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. Bid Item 109 —Repair, Replace, Modify and Restore Existing Irrigation Systems: This work includes repairing, replacing, and/or modifying any existing irrigation system or system component within the limits of the work area that is damaged or whose function/operation is adversely impacted by the construction of the proposed improvements, in a manner satisfactory to the adjacent property owners or HOAs to whom they belong and the Engineer. This work includes repairing or replacing any damaged pipes, sprinkler heads or other system components (i.e., valves, controllers, valve boxes, etc.). This item shall apply to the necessary modification of the irrigation system within the project limits. All existing irrigation systems will be assumed to be in good condition and fully operational unless the CONTRACTOR has inspected, noted and documented some specific damage to a 5-4 Description of Pay Items system that exists, prior to construction beginning. It would, therefore, be advisable for the CONTRACTOR to contact adjacent property owners and/or system owners/operators prior to construction to determine the limits of all existing irrigation systems, the location of sprinkler heads and other system components, and to identify and document any existing damage. All repairs should be completed as soon as possible after the damage is discovered. Any damage to existing grass, trees or landscaping resulting from a lack of water during construction because of damage to irrigation systems or irrigation systems that become inoperable will be the sole responsibility of the CONTRACTOR to replace. The exact number and location of sprinkler heads, valves, controllers, etc. on the project is unknown. The CONTRACTOR is, therefore, advised to visit the project site for himself and make his own determination of where existing irrigation systems may be located and to what extent those systems and system components may be damaged or impacted during construction. Bid Item 110 — Remove & Dispose of Existing Concrete Pavement: This work includes the removal and disposal of existing reinforced concrete pavement including integral curb at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All material removed from the job site shall be transported and legally disposed off-site by the contractor. Concrete to be removed shall be sawed full-depth through the existing reinforcement along even straight lines as shown on the plans or as established by the Engineer, in accordance with NCTCOG Item 402.3. Any existing improvements beyond these limits, which are damaged or destroyed by the construction shall be removed and replaced at the Contractor's expense. Once concrete improvements are removed, exposed surfaces shall be roughened to allow adequate bonding of new concrete. Epoxy grout #4x24" dowel bars into end of existing concrete. This operation shall be inspected and approved by the Engineer prior to placement of new concrete. The removal of concrete curb that is integral to any concrete pavement, which is to be removed as part of this work, shall not be paid for directly but shall be considered subsidiary to this pay item. All concrete removal shall be subsidiary to this pay item. The thickness of the existing concrete is approximately 6", but may vary. Measurement and payment for work performed and materials furnished related to the removal and disposal of existing concrete pavement shall be based on the actual field quantity of pavement removed, and shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. This item shall be measured by the Contractor. Bid Item 111 — Compact Existing Subgrade: This work includes the compaction of base material for new pavement. The base material shall be compacted to 95% proctor and proof rolled. Measurement and payment for work performed and materials furnished related to the compaction of the subgrade shall be based on the actual field quantity of subgrade compacted on the job, and shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. This item shall be measured by the Contractor. 5-5 Description of Pay Items Bid Item 112 — Furnish and Install 8-inch Reinforced Concrete with 6" Integral Curb: The work for this item consists of all labor, materials and equipment for furnishing and installing fl- inch reinforced concrete pavement (including integral curb, where indicated) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. This item shall include the trenching, backfill, compaction, furnishing and installing reinforcement, pouring of concrete, disposal of materials during construction, and related items for a complete installation. All concrete used for this project shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. Curbs are subsidiary to this pay item,therefore, no separate payment will be made for curb. Any street headers shall be constructed subsidiary to this pay item. The concrete shall be doweled into the existing pavement and reinforced in accordance with the City of Coppell Standard Construction Details. The concrete pavement shall be reinforced with a minimum of No. 4 bars placed on chairs on 18-inch centers in each direction. The cost for furnishing and placing reinforcement is subsidiary to the price bid. The Contractor shall vibrate all concrete during the pour by a method approved by the Engineer. The Contractor is responsible for making sample concrete cylinders at a cycle determined by the Engineer for testing purposes. No sand level up course will be allowed under any paving. The paving shall be a baker broom finish and shall be cured with a highway white curing compound applied per the manufacturer's recommendations. At locations indicated on the plans, lay down curbs shall be constructed and shall be considered subsidiary to this pay item. The lay down curb shall consist of a 10' taper from a 6" curb to no curb. CONTRACTOR shall pay close attention to NCTCOG Item 303.5.4.3 "Contraction Joints" regarding sawing of joints. In general,joints shall be sawed into the completed pavement surface as soon after initial concrete sets as possible so that some raveling of the green concrete is observed in order for the sawing process to prevent uncontrolled shrinkage cracking. Failure to perform the work in compliance with these requirements and those in Item 303.5.4.3 will subject the slab to rejection. All joints shall be spaced a maximum of 15-18 feet apart. All joints shall be sealed with silicone joint sealing prior to opening the road to traffic. All work shall be done in accordance with City and NCTCOG (Item 303) specifications. Measurement and payment for 8-inch concrete pavement, as provided herein, shall be on a per square yard (SY) basis in accordance with NCTCOG Item 303.9, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Bid Item 113 — Construct 6-inch Reinforced Concrete Drive/Alley: This work includes construction of 6-inch reinforced concrete driveway/alley pavement at the locations shown in the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 305.2. All concrete used for driveway & alley construction shall be Class"C" concrete with a minimum cement content of 6 sacks per cubic yard and minimum compressive strength of 3,600 psi at 28 days. No fly ash will be permitted. Measurement and payment for reinforced concrete driveway work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2.4, and shall be total compensation for furnishing 5-6 Description of Pay Items and/or operating all labor,materials,tools,equipment and other incidentals necessary to complete the work. Bid Item 114 — Construct 4-inch Reinforced Concrete Sidewalk: The work for this item consists of all labor, materials and equipment for constructing 4-inch concrete sidewalks at the locations shown in the construction plans and it shall include trenching, backfill, compaction, pavement material, disposal of materials during construction, and related items for a complete pavement construction in accordance with the appropriate details and specifications. All concrete used for sidewalk shall be Class "A" concrete with a minimum cement content of 5 sacks per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. No fly ash will be permitted. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statue as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in noncompliance shall be removed and brought to compliance at the Contractor's sole expense. Measurement and payment for reinforced concrete sidewalk work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 305.2, and shall be total compensation for furnishing and/or operating all labor,materials,tools,equipment and other incidentals necessary to complete the work. Bid Item 115 — Furnish and Install Concrete Sidewalk Step: This work includes the construction of reinforced concrete sidewalk step(s) to match revised parkway and sidewalk grade elevations in place of existing step(s) leading to private residences contiguous to the project. The proposed step(s) shall match existing step(s) as closely as practicable in width, riser height, tread width and concrete finish. The step(s) shall be reinforced longitudinally with 2-#4 bars; doweled into existing step(s) as directed by the Engineer. Concrete shall be Class "A" with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days design as used for sidewalks. Removal of existing concrete sidewalk and step(s) within the limits of the proposed step(s) location shall be paid for under Item#101. Finishes shall match existing including any decorative elements. No separate pay for decorative features. Measurement and payment shall be per each (EA) step furnished and installed, complete in place. Landing areas are included in the remove and replace concrete sidewalk quantities and not part of this item. Bid Item 116 — Construct Barrier Free Ramps: The work for this item consists of all labor, materials and equipment for constructing barrier free ramps at locations shown in the plans or as determined by the Engineer, shall include trenching, backfill, compaction, furnishing and installing reinforcement, pouring of concrete, disposal of materials during construction, and related items for a complete installation. All concrete used for barrier free ramp construction shall be Class "A" concrete with a minimum cement content of 5 sacks per cubic yard and minimum compressive strength of 3,000 psi at 28 days. No fly ash will be permitted. All ramp construction shall be in compliance with the plans, the Texas Accessibility act Article 9102 of the Texas Civil Statue as administered by the Texas department of Licensing and Regulations, the City of Coppell Standard Construction Details, and NCTCOG Specifications. 5-7 Description of Pay Items See Standard Details Sheets 2185-1 through 2185-6 for additional requirements. This includes the correct slope, correct width, correct texture, and correct color differentiation. The Engineer shall verify each ramp prior to final acceptance. Any ramp found to be in noncompliance shall be removed and brought to compliance at the Contractor's sole expense. Measurement and payment for barrier free ramps and materials furnished completed and in place as provided herein shall be on a per each (EA) basis, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment, and other incidentals necessary to complete the work. Bid Item 117 — Standard 15-foot Curb Inlet: The work for this item consists of all labor, materials and equipment for furnishing and installing the 15-foot curb inlet and shall include, site preparation, trenching, installing pipe, backfill, compaction, disposal of materials during construction, and related items for a complete installation. All work shall be done in accordance with the City's standard construction details. Measurement and payment for a standard 15-foot curb inlet shall be on a per each basis. Bid Item 118 — Type C Curb Inlet with two Type E Extensions: The work for this item consists of all labor, materials and equipment for furnishing and installing the Type C curb inlet and Type E extensions as shown in the plans, and shall include, site preparation, trenching, installing pipe, backfill, compaction, disposal of materials during construction, and related items for a complete installation. All work shall be done in accordance with the TxDOT standard construction detail provided in the plans. Measurement and payment for a Type C curb inlet with two Type E extensions shall be on a per each basis. Bid Item 119 — Furnish and Install 5-foot x 5-foot Square Standard Manhole: This work includes the construction of a 5'x5' square storm drain manhole at the location shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including City of Coppell Standard Construction Details and NCTCOG Items 702 and 502.1. Concrete used for the construction of storm drain manholes shall be Class "A", with a minimum cement content of 5 sacks of cement/cubic yard of concrete, and a 3,000 psi minimum compressive strength when tested at 28 days. Measurement and payment for work performed and materials furnished related to the construction of square storm drain manholes (various sizes), as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Bid Item 120—Furnish and Install 33-inch CL III RCP Bid Item 121 —Furnish and Install 24-inch CL III RCP Bid Item 122—Furnish and Install 21-inch CL III RCP Bid Item 123—Furnish and Install 18-inch CL III RCP: This work includes the construction of all reinforced concrete pipe(RCP) storm drain in various sizes at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 501.6 and 508.3. All RCP storm drain shall be Class III (NCTCOG Item 501.6); all bends shall be pre-fabricated, and omniflex joint rubber gasketed material shall be used for all joints meeting ASTM C-443, unless approved otherwise by the Engineer. This work shall include trench excavation, preparation and shaping of 5-8 Description of Pay Items bedding, transporting of pipe,jointing, connections to existing and/or proposed improvements and structures, embedment, backfill, and temporary pavement repair, if necessary. Embedment shall be in accordance with the City of Coppell Standard Construction Detail 3020. Where leads or pipe terminate into an existing system, this work shall include construction of a concrete collar at the junction to form a watertight connection. The construction of concrete collars, as required by these specifications, and the connection to the existing storm sewer line will not be paid for directly but shall be considered subsidiary to this pay item. This work shall also include the construction of temporary pavement repair, when necessary or as determined by the Engineer, consisting of a minimum of 8" of flexible crushed stone base. Temporary pavement repair shall be constructed and maintained along all storm drain installed in areas that need to be open to traffic prior to the construction of the final pavement. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the construction of RCP storm drain (various sizes and/or types), as provided herein, shall be made on the basis of the price bid per linear foot (LF) in accordance with NCTCOG Item 508.6, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Bid Item 124—Furnish and Install 8-inch Waterline(PVC): This work includes the furnishing and installation of 8"PVC C-900 DR-14 water line at the locations shown in the plans as per NCTCOG Items 506 & 502.4 and the City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as specified, protecting or replacing existing structures or utilities, testing, disposal of surplus materials, and cleaning up and maintenance. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Testing in accordance with specifications is considered subsidiary to the price bid. This work also includes the connection of the proposed water lines to any existing water lines and the necessary appurtenances to make such connections. Connections to existing lines will not be paid for directly but will be subsidiary to this pay item. This work shall also include the construction of temporary pavement repair, when necessary or as determined by the Engineer, consisting of a minimum of 8" of flexible crushed stone base. Temporary pavement repair shall be constructed and maintained along all water line installed in areas that need to be open to traffic prior to the construction of the final pavement. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per linear foot (LF) measured horizontally and shall be total compensation for furnishing all materials, tools, equipment, labor, 5-9 Description of Pay Items and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. Bid Item 125—Furnish and Install 8-inch Gate Valve: This work includes the furnishing and installation of various sizes of gate valves as shown on the plans in accordance with NCTCOG Item 502.6. Measurement and payment shall be made on the basis of the price bid per each (EA) and shall include all materials and labor necessary to complete the work. Bid Item 126— 12"x8" Tapping Sleeve and Valve: Bid Item 127—8"x8" Tapping Sleeve and Valve: This work includes the furnishing and installation of 12"x8" and 8"x8" sized tapping sleeves and associated valves as shown within the plans and in accordance with NCTCOG Item 502.10.2.3 and City of Coppell specifications. Measurement and payment shall be made on the basis of the price per bid each (EA) and shall include all materials and labor necessary to complete the work. Bid Item 128 — Furnish and Install 1-inch Water Service Line with Meter Can (Various Lengths): This work includes the construction of water services in multiple locations along the project where dictated by the layout of the proposed improvements, as shown on the construction plans or as determined by the Engineer. These installations shall be in accordance with NCTCOG Item 502.10 and the appropriate City of Coppell Standard Construction Details. The service line, setter and water meter box shall be replaced at each water service location. This work includes replacing the setter and meter box; however, all meters shall be re-used or provided by the City. No separate pay will be allowed for repairing damage to water meters due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the Contractor. Measurement and payment shall be made on the basis of price per each (EA) Water Service installed and shall be the total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work and connect the new service to the new main and existing services. Separate bid prices will be required for short and long services as set out in NCTCOG item 502.10.3.2.1. Bid Item 129 — Install New Fire Hydrant and Valve Assembly: This pay item shall consist of work which includes the installation of fire hydrant assemblies, 6" valves, and 6" PVC pipe including connections and testing of the fire hydrants. All bends, fittings, pipe, and blocking necessary to connect the fire hydrant assemblies to the various water lines are included in the cost of the fire hydrant assembly. Removal includes all blocking and piping back to the existing fire hydrant valve. Fire hydrants damaged during removal shall be disposed of at the Contractor's expense. Existing fire hydrants shall remain in service until the activation of the new fire hydrants at or near the location. This work shall include closing any and all openings into the existing water line and the 6"valve that are created as a result of the abandonment and/or relocation of a fire hydrant/valve assembly by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or 5-10 Description of Pay Items details governing such work. Any items or appurtenances required for the closing off of the existing water line shall be subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to installing the fire hydrant and valve assembly, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Bid Item 130 — Remove & Salvage Fire Hydrant and Valve Assembly: This pay item shall consist of work which includes the removal and salvage of existing fire hydrant assemblies, 6" valves, and 6" PVC pipe including connections. Removal includes all blocking and piping back to the existing fire hydrant valve. Fire hydrants damaged during removal shall be disposed of at the Contractor's expense. Existing fire hydrants shall remain in service until the activation of the new fire hydrants at or near the location. This work shall include closing any and all openings into the existing water line and the 6"valve that are created as a result of the abandonment and/or relocation of a fire hydrant/valve assembly by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. Any items or appurtenances required for the closing off of the existing water line shall be subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to removing and salvaging the fire hydrant and valve assembly, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor,materials, tools, equipment and other incidentals necessary to complete the work. Bid Item 131 — Abandon Existing Water Line: This work includes the abandonment of existing water lines as shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. The Contractor shall verify that all services, meters, stubouts and other branch water lines supplied from the existing water lines to be abandoned are transferred to other water lines as shown on these plans prior to pavement construction. No service or meter shall be without water supply for more than four(4)hours. Cutting and plugging of existing water lines, as well as placement of restrained plugs on water lines to remain, shall be subsidiary to this pay item. The existing water lines shall be abandoned as follows: (a) After each section of the existing water line is taken out of service, the abandoned section shall be completely drained,including pumping water from the system,as necessary. (b) Any and all openings into the existing pipe will be closed by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. (c) Existing valves may be used to close the existing system, the pipe on the abandoned side shall not be left open,but shall be plugged and blocked. (d) Valves stacks shall be removed and backfilled with soil. Measurement and payment for work performed and materials furnished related to abandoning the existing water line, as provided herein, shall be made on the basis of the price bid per lump sum 5-11 Description of Pay Items (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Bid Item 132—Furnish and Install 8-inch Sanitary Sewer Line: This work includes the installation of ASTM D3034 SDR-35 PVC sanitary sewer pipe at the locations and to the grades shown on the plans (8"). Work shall be in accordance with NCTCOG Items 501, 504, 505, 507 and City of Coppell Standard Construction Details. Payment shall include furnishing,hauling and laying of pipe shown on the plans,trench excavation, and backfilling, including embedment material as specified,replacement of top soil,protecting or replacing existing structures or utilities, mandrel pulling,pipeline signs,testing, disposal of surplus materials, cleaning up and maintenance, fence removal and replacement, as result of the pipeline construction to equal or better condition. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Removal and disposal of existing pipe and manholes in same trench shall be incidental to pipe line installation. Testing in accordance with specifications is considered subsidiary to the price bid. This work also includes the connection of the proposed sanitary sewer lines to any existing sanitary sewer lines or manholes. Connection to existing line shall include a Class"B"concrete collar around the joint between the existing and new pipe. Connection to existing manholes shall be made by coring and grouting the existing manhole. Connections to existing lines and/or manholes will not be paid for directly but will be subsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of manhole to center of manhole or cleanout without any deduction for the length of pipe through manholes and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. Bid Item 133 — Furnish and Install 4-foot Sanitary Sewer Manhole (all depths): This work includes the installation of 4' diameter sanitary manholes with 30" ring and cover per NCTCOG item number 502.1 and City of Coppell Standard Construction Details. Payment shall include excavation, castings, reinforcing steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit. Removal and disposal of existing manholes in same trench shall be incidental to pipe line installation and not a part of this item. Both pre-cast and cast-in-place manholes with 30"ring and covers are permitted for this project. Measurement and payment shall be made on the basis of price bid per Each (EA). There is no separate bid item for extra depth, and shall be paid for as per each regardless of depth. The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans and NCTCOG item 502.1. Bid Item 134 — 4-inch PVC Sanitary Sewer Service Laterals (Various Lengths): This work includes the installation of a Sanitary Sewer Cleanout per NCTCOG item number 502.2 and City of Coppell Standard Construction Details. Payment shall include excavation, castings, reinforcing 5-12 Description of Pay Items steel, concrete, backfill, and other materials, and all appurtenances for a complete and functional unit and shall not be measured and paid for according to depth. The Contractor is responsible for TV and marking of each of the sanitary sewer service lines from the cleanout to the sewer main. The TV and marking shall not be paid for directly but will be subsidiary to this pay item. Measurement and payment shall be made on the basis of price bid per Each(EA). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work, including earth excavation, disposal of surplus materials and backfill, all in accordance with the plans and NCTCOG item 502.2. Separate bid prices will be required for short and long services as set out in NCTCOG item 502.10.3.2.1. Bid Item 135 —Abandon Existing Sanitary Sewer Line: This work includes the cutting off and plugging a sanitary sewer line. Payment shall include excavation, castings, reinforcing steel, concrete,backfill, and other materials, and all appurtenances for a complete and functional unit. Measurement and payment shall be made on the basis of price bid per Lump Sum (LS). The contract price shall be the total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work all in accordance with the plans. Bid Item 136 — For Trench Safety System: This work includes preparing a job specific trench safety plan and installing the proper shoring and/or bracing to adequately provide a safe trench situation for all utility construction (i.e., storm drain, water and/or sanitary sewer), in compliance with current regulations and requirements of the United States Department of Labor Occupational Safety and Health Administration (OSHA). The CONTRACTOR shall have a Trench Safety Plan prepared, signed and sealed by a professional engineer licensed in the State of Texas, and provided to the Engineer prior to the start of construction. The preparation of the trench safety plan, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the preparation of a trench safety plan and the installation of a trench safety systems, as provided herein, shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Bid Item 137 — For Erosion Control Measures: The work for this item consists of all labor, materials and equipment needed to provide and install erosion control measures as shown in the plans. All work shall be done in accordance with City and NCTCOG specifications. Measurement and payment for erosion control measures shall be on a lump sum(LS)basis. Bid Item 138 — Restore Landscape and Disturbed Areas: This work includes all work, materials and incidentals necessary to restore parkways,yards or other improved areas to an equal or better condition than prior to construction, in accordance with the appropriate details and specifications, including NCTCOG Items 202.2, 202.3, 202.4, 202.5, and 202.6. Parkways and disturbed areas along the length of the project shall be restored with sod of the same type that exists adjacent to the disturbed area. Topsoil shall be placed in low areas to bring them to grade. 5-13 Description of Pay Items Any existing landscape improvements, landscape beds, gravel rock beds, and/or any other existing improvement removed or relocated during the course of construction shall be replaced with like kind or better as a part of this pay item. 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 restored area. The CONTRACTOR shall also maintain and protect these areas from damage and repair any damage that occurs, until completion and final acceptance of the project by the OWNER. Measurement and Payment for parkway and yard restoration work performed and materials furnished complete and in place as provided herein shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or complete the work including watering, fertilizing, and maintenance of the restored areas. Bid Item 139 — Install Root Barrier: The work for this item consists of all labor, materials and equipment needed to furnish and install root barriers between the back of curb/pavement and existing trees in locations shown on the plans. Any proposed curb or existing curb to remain that is damaged with the installation of the tree root barrier shall be removed and replaced at the Contractor's expense and not included as an additional cost. All work shall be done in accordance with City and NCTCOG specifications. Measurement and payment for work performed and materials related to the installation of the tree root barriers shall be for linear foot(LF)tree root barrier installed complete in place and accepted. Bid Item 140 — Restore Landscape and Disturbed Areas in Place of Concrete Steps: This work includes all work, materials and incidentals necessary to restore yards where the homeowner has requested that the existing concrete sidewalk steps on their property to be removed. If the homeowner does not want Bid Item 115 (Concrete Sidewalk Step) to be placed on their property, then this item shall cover the re-grading required. This item is to be determined independently for each affected property. Measurement and payment for work performed and materials furnished related to restoring the landscaping in disturbed areas, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 5-14 Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS T H COF.FELL E CC I Y Y O F• _„ A 8 1 CITY Y O} COPPELL PROJECT SIGN r-°4'. 4* 0 Owe igta01000 r woe Ernes iT OF PPEE ' '? ( PEEL .,; TRAcfors ., 9° �'4,." 11111 '" '1 ��_., tl {}ep • E , E . 7- 1 "B;r) CtiNT.T,Ai, is ice.:glf 1'41:.1" t."iYf' T i PHONE NUMBER c, p *-1 aug wax e - ( a i 4+ c & NOTES: 1) LETTERING SHOULD BE BOLD TyPE 2) SIGN PANEL WU. BE 3/4" EXTERIOR PLYWOOD PAINTED AS SHORN ON DETAIL 3) FRAME WILL BE 2"X4' STOCK- REW4FORCED BEHIND SIGN PANEL AT APPROX. 2' CENTERS 4) ALL PAINT TO BE *OUTDOOR TYPE* 5) COPPEU. LOGO TO BE PROVIDED BY THE CITY EXAMPLE: OFFL LL '• ; «, r kr% e72 ETHEL RD PROJECT (ST 03-01) CONTRACTOR: X)00( • #.+ 44•*4. (000) 000-000 COMPLETION DATE: "•$$•• 200X