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TR1303-CN140108 T H E C I T Y O F COPPELL F T �6.rT nr r' 9 A 5 a CONSTRUCTION SPECIFICATIONS And CONTRACT DOCUMENTS For Fiber Project - Service Center to Sandy Lake Road and Royal Lane Project No. TR13-03 Bid No. Q-0114-03 FOR THE CITY OF COPPELL January 2014 �•e�°_pF T rh :* �#f / * s� GEORGE S.MARSHALL • 102234 TABLE OF CONTENTS SECTION 1: Page# Bidding Documents Notice to Bidders 1-4 Instructions to Bidders 1-5 Proposal/Bid Schedule 1-17 Bid Affidavit 1-28 Conflict of Interest 1-30 Prevailing Wage Rates 1-32 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), Appendix "C" City of Coppell Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) and applicable TxDOT specifications shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein. SECTION 3- City of Coppell's Supplementary Conditions 3-1 To the NCTCOG General Provisions SECTION 4- Specific Project Requirements 4-1 SECTION 5- Description of Pay Items 5-1 SECTION 6- Technical Specifications 6-1 1-2 SECTION 1 BIDDING DOCUMENTS T H E • C I T Y • O F COPPELL ‘, „ .„„,„ 1-3 NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of Fiber Project - Service Center to Sandy Lake Road and Royal Lane — Project No. TR13-03. The work shall consist of the installation of approximately 13,000 L.F. of 2-inch conduit, 17,000 LF fiber optic cable and all appurtenant work necessary to complete construction of the project. Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non-refundable cost of $25.00 from the City of Coppell Purchasing Agent, 255 Parkway Blvd., Coppell, Texas 75019; or telephone (972) 304-3698 for additional information. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Fiber Project - Service Center to Sandy Lake Rd and Royal Lane — Project No. TR13-03 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 10:00 a.m., January 28th, 2014, 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-0114-03 designated clearly on the exterior of the bid envelope. A Pre-Bid Conference has been scheduled for this project at the Coppell City Hall (255 Parkway Boulevard) at 10:00 AM on January 21, 2014. The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. This project will be awarded on the A+ B bidding format with an incentive of up to $20,000.00 for early completion. Bids submitted with more than 120 Calendar Days for the time of completion will be considered non-responsive and will be rejected. 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. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. 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 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 his authorized representative, City of Coppell,P.O. Box 9478, Coppell,Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of installation of conduit and fiber optic cable from the City of Coppell Service Center to the traffic signal at Sandy Lake and Royal Lane. The work includes 2" conduit, fiber optic cable and pull boxes to several city facilities along this route. Assorted building connections will be constructed as indicated on plans. It will also be necessary to maintain access to the adjacent properties at all times. Work shall include all components necessary for the "turnkey" construction of the project as shown in the plans for the Fiber Project- Service Center to Sandy Lake Rd and Royal Lane,Project#TR13-03. 1-5 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the City of Coppell Purchasing Agent,255 Parkway Blvd., Coppell,Texas 75019,telephone(972) 304-3698 for a non-refundable cost of $25.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell,265 Parkway Boulevard, Coppell, Texas 75019 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Submissions will be made to City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. The required information to be submitted shall consist of, but shall not necessarily be limited to,the following: A. Current Project Experience(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. 1-6 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. 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 per the construction phasing plan. 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, 1-7 improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, the Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions, according to the City standards,upon completion of such explorations. 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. 1-8 8. Contract Time. 8.1 The time for completion in calendar days should be included on the Bid Form in the space provided. 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 completion time is given in Item 1.6 of the Specific Project Requirements 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 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. 1-9 If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two(2)completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power 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. 15. Submission of Bids. 1-10 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., January 21, 2014, and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. Q-0114-03 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:Fiber Project-Service Center to Sandy Lake Road and Royal Lane—Project No. TR13-03 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. Bids with more than 120 Calendar Days for the time of completion will be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) calendar days after the day of the Bid opening,but the Owner may,in its sole discretion,release any Bid prior to that date. 19. Award of Contract. 19.1 For the purpose of award,each bid submitted shall consist of: Base Bid (A) = The correct summation of the products of the estimated quantities shown in the proposal,multiplied by their bid unit prices. 1-11 Time Bid (B) =(Calendar Days x Daily Value)=The time for completion in calendar days written on the Bid Form in the space provided multiplied by$500.00 for each calendar day. The lowest evaluated bid (Total Bid) will be determined by the Owner as the lowest sum of the Base Bid(A)plus Total Calendar Days x$500.00(B) . Total Bid=Base Bid(A)+Time Bid(B) All payments will be based on actual quantities and bid unit prices. 19.2 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.3 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data,as may be requested in the Bid form or prior to the Notice of Award. 19.4 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.5 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.7 If the contract is to be awarded,the Owner will give the Successful Bidder a Notice of Award within ninety (90)days after the date of the Bid opening. 20. Incentive/Disincentive. 1-12 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 this Contract,the Daily Value is$500.00. In the event the Contractor takes less than the total calendar days bid to construct the project, there will be incentives assessed of$500.00 per day to a maximum of$20,000.00. In the event the Contractor takes longer than the total calendar days bid to construct the project, there will be damages assessed of$500.00 per day with no limit on the amount of disincentive. The total incentive payment for Contract Time shall not exceed $20,000.00. 20. 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. 21. 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. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. 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. 24. 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 1-13 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. The Contractor is responsible for all overtime costs associated with testing. 31. Overtime. 1-14 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. If not paid, such cost may be deducted from partial payments. 32. 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. 33. 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 Mobilization. No separate pay item. 34. 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. 35. Bonds Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 1-15 BID FORM PROJECT IDENTIFICATION: FIBER PROJECT- SERVICE CENTER TO SANDY LAKE ROAD AND ROYAL LANE BID OF DATE (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell,Texas 75019 CITY OF COPPELL BID NO: Q-0114-03 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents,as more fully set forth in the Agreement,that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda(receipt of all which is hereby acknowledged): No: Date: Rec'd: (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 1-16 contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies(in addition to or to supplement those referred to in(c)above)which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations,tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 1-17 (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. Bidder understands that the work will be completed in multiple phases. Phasing will require move-ins by utility and paving contractors. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. It is understood and agreed that the contractor's experience in this type of work will be a consideration in the award of the bid. 6. It is 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): 1-18 TR13-03 Fiber from Service Center to Royal Lane &Sandy Lake Road UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Mobilization (max 5%), Complete In Place, 101 1 LS Dollars and Cents per LUMP SUM Traffic Control, Complete In Place, 102 1 LS Dollars and Cents per LUMP SUM 2" Conduit(gray)with pullstring by any means, Complete In Place, 103 14000 LF Dollars and Cents per LINEAR FOOT Type A Ground Box with Concrete Apron, Complete In Place, 104 47 EA Dollars and Cents per EACH Connect to existing ground box, Complete In Place, 105 4 EA Dollars and Cents per EACH Connect to existing conduit with a ground box (box paid for in 103), Complete In Place, 106 2 EA Dollars and Cents per EACH Connect into existing Building at W. Main Street, Complete In Place, 107 1 LS Dollars and Cents per LUMP SUM 1-19 Bidding Documents UNIT PRICE BID SCHEDULE BASE BID Item Plan No. Quantity Unit Description and Unit Price in Words Unit Price Total Price Connect into existing Building at Wagon Wheel Barn, Complete In Place, 108 1 LS Dollars and Cents per LUMP SUM Connect into existing Building at Wagon Wheel Consessions, Complete In Place, 109 1 LS Dollars and Cents per LUMP SUM Connect into existing Building at Wagon Wheel Water Tower, Complete In Place, 110 1 LS Dollars and Cents per LUMP SUM Restore Parkway &Sod, Complete In Place, 111 1 LS Dollars and Cents per LUMP SUM Corning SPH Box, Complete In Place, 112 8 EA Dollars and Cents per EACH 12 Strand Corning AnyLAN Fiber, Complete In Place, 113 19000 LF Dollars and Cents per LINEAR FOOT Fiber Jumpers, Complete In Place, 114 60 EA Dollars and Cents per EACH 1-20 Bidding Documents TOTAL BASE BID PRICE (A) (Total of Items 101 thru 114): $ TOTAL TANGIBLE PERSONAL PROPERTY: $ BID SUMMARY (A)TOTAL BASE BID,ITEMS#101 THRU#114: $ TOTAL CALENDAR DAYS: Days (B)TOTAL CALENDAR DAYS X$500.00 $ BASIS FOR COMPARISON OF BIDS=A+B: $ The bid with the lowest amount for A+ B will be considered the low bid. The award of the contract amount will be on the basis of the base bid(A) only. NOTE: A TIME BID OF MORE THAN 120 CALENDAR DAYS SHALL BE CONSIDERED NON-RESPONSIVE AND WILL BE REJECTED 8. BIDDER agrees that all Work awarded will be completed within Calendar Days. Contract time will commence to run as provided in the Contract Documents. 9. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page 10. 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). 11. 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 Signature: 1-21 BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared who after being by me Name duly sworn, did depose and say: "I, am a duly authorized office/agent for Name and have been duly authorized to execute the Name of Firm foregoing on behalf of the said Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on,or to influence any individual(s)to bid or not to bid thereon." Name and Address of Bidder: Telephone: ( ) by: Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of 20 Notary Public in and for the State of 1-22 If BIDDER IS: An Individual By (Seal) (Individual's Name) doing business as Business address Phone No. A Partnership By (Seal) (Firm Name) (General Partner) Business address Phone No. A Corporation By (Corporation Name) (State of Incorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venture must sign. The manner of signing for each individual,partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1-23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE Government Code by a person doing business with the governmental entity. ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person violates Section 176.006,Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a),Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. 4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. 1-24 FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government officer with whom filer has affiliation or business relationship.(Complete this section only if the answer to A,B,or C is YES. This section,item 5 including subparts A,B,C&D,must be completed for each officer with whom the filer has affiliation or other relationship.Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No B.Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? ❑Yes ❑ No C.Is the filer of this questionnaire affiliated with a corporation or other business enti that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more?❑Yes U No D.Describe each affiliation or business relationship. 6 Signature of person doing business with the governmental entity Date 1-25 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 Maching 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 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $ 14 . 12 0 . 00 Electrician $ 18 . 12 0 . 00 1-26 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 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 1-27 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 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 1-28 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 1-29 SECTION 2 CONTRACT DOCUMENTS C I T Y • O F T H E • po, Nt, k 1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2014 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER)and (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of installation of conduit and fiber optic cable from the City of Coppell Service Center to the traffic signal at Sandy Lake and Royal Lane. The work includes 2" conduit, fiber optic cable and pull boxes to several city facilities along this route. Assorted building connections will be constructed as indicated on plans. It will also be necessary to maintain access to the adjacent properties at all times. Work shall include all components necessary for the "turnkey" construction of the project as shown in the plans for the Fiber Project - Service Center to Sandy Lake Rd and Royal Lane, Project# TR13-03. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the FIBER PROJECT - SERVICE CENTER TO SANDY LAKE ROAD AND ROYAL LANE PROJECT NO. TR13-03 Bid No. Q-0114-03 Article 2.ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2-2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within Calendar Days from the date when the Contract time commences to run as provided in Item 103.2 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. For the purposes of this project, an incentive/disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive/disincentive as set forth in Item 1.6 of the Specific Project Requirements. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ . The total tangible personal property cost included in the contract sum is$ Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. 2-3 Contract Documents Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies(in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes all responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations,tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. 2-4 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 "Fiber Project - Service Center to Sandy Lake Road and Royal Lane - Project No. TR13-03 for the City of Coppell". 8.8. Drawings (Construction Plans) entitled: "Fiber Project - Service Center to Sandy Lake Road and Royal Lane-Project No. TR13-03 for the City of Coppell". 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 -Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 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. 2-5 Contract Documents 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 ,2014. OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell,TX 75019 BY: BY: TITLE: TITLE: ATTEST: ATTEST: Address for giving notices: Address for giving notices: P.O. Box 9478 Coppell,Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 2-7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance, which will be executed and bound here with final documents. See the Standard Specifications for Public Works Construction —North Central Texas Council of Governments Fourth Edition,Item 103.4 for insurance policies required. • Contractors Insurance o Workers Compensation—As set forth in the Workers Compensation Act o Commercial General Liability- $1,000,000 Accident/Occurrence o Automobiles-$500,000 Combined single limit per occurrence o Owners Protective Liability- $600,000/occurrence; $1,000,000 aggregate o "Umbrella"Liability- $1,000,000 per occurrence with drop down coverage o Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate • Additional Insured—The owner shall be named as an additional insured on the Commercial General Liability (Public), Owners Protective Liability, and Excess/Umbrella Liability Policies furnished by the Contractor. See the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition,Item 107.2 for indemnification requirements. 2-8 Contract Documents Instructions For Bonds A. The surety on each bond must be a responsible surety company that is qualified to do business in Texas and satisfactory to the Owner. B. The name and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners,their individual names will appear in the body of the bond,with the recital that they are partners composing a firm,naming it,and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing,duly certified by the secretary or assistant secretary,under the corporate seal,to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2-9 Contract Documents PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of DOLLARS ($ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the of , A.D. 2011,which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Fiber Project- Service Center to Sandy Lake Road and Royal Lane Project No. TR13-03 Bid No. Q-0114-03 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary,with or without notice to the Surety,and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one(1)year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency,then this obligation shall be void; otherwise, it shall remain in full force and effect. 2-10 Contract Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County,Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract,or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code,and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code,Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original,this the day of ,2014. PRINCIPAL SURETY By: By: Title: Title: ATTEST: ATTEST: Resident Agent of the Surety in Dallas or Denton County,Texas,for delivery of notice and service of the process is: NAME: ADDRESS: NOTE: Date of Performance Bond must be date of Contract..If Resident Agent is not corporation,give person's name. 2-11 Contract Documents PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That whose address is hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of DOLLARS ($ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the of ,A.D. 2014, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Fiber Project - Service Center to Sandy Lake Road and Royal Lane Project No. TR13-03 Bid No. Q-0114-03 NOW, THEREFORE, if the Principal shall well,truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived,then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 2-12 Contract Documents This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code,and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code,Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original,this the day of ,2014. PRINCIPAL SURETY By: By: Title: Title: ATTEST: ATTEST: Resident Agent of the Surety in Dallas or Denton County,Texas,for delivery of notice and service of the process is: NAME: ADDRESS: NOTE: Date of Performance Bond must be date of Contract..If Resident Agent is not corporation,give person's name. 2-13 Contract Documents MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and , a corporation organized under the laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the , a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ), for the payment of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves,their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said to build and construct Fiber Project- Service Center to Sandy Lake Road and Royal Lane,Project-No. TR13-03,Bid No. Q-0114-03, which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its'contract to so maintain and repair said work,then these presents shall have full force and effect, and said shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties,hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. 2-14 Contract Documents IN WITNESS WHEREOF, the said has caused these presents to be executed by and the said has caused these presents to be executed by its Attorney in fact and the said Attorney in fact has hereunto set his hand,the day of ,20 PRINCIPAL SURETY By: By: Title: Title: WITNESS: ATTEST: NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-15 Contract Documents SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E • C I T Y • O F COPPELL 1 A S CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION —NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. DIVISION 100: GENERAL PROVISIONS ITEM 101.—DEFINITIONS &ABBREVIATIONS SC-101.1 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Consulting Engineer: Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, 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. Calendar Day: Add the following sentence to the end of the working days definitions: "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy- two hours notice required. All overtime incurred by the City for inspection services and any overtime incurred by the testing laboratory shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." The pay rate scale for Inspector overtime charges will be$54/hr. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. 3-2 Standard Specifications Supplementary Conditions ITEM 103.3—SURETY BONDS SC-103.3.1 Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50%of the cost of the public improvements for a 2 year period." ITEM 103.4-INSURANCE SC-103.4.6 Add the following new item: "103.4.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR." SC-103.4.7 Add the following new item: "103.4.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor,CONTRACTOR will obtain the same." ITEM 103.6-NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC-103.6 Add following sentence to end of Item 103.6. "Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work." 3-3 Standard Specifications Supplementary Conditions ITEM 104.2-CHANGE OR MODIFICATION OF CONTRACT SC-104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 105.1—CONTRACT DOCUMENTS SC-105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the 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: 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". 3-4 Standard Specifications Supplementary Conditions ITEM 105.4—CONSTRUCTION STAKES SC-105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes/surveying shall be provided by the CONTRACTOR. Monumentation has been provided for establishing vertical and horizontal control. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 107.3-OWNER'S OFFICERS,EMPLOYEES OR AGENTS SC-107.3.2 Replace Item 107.3.2 with the following new paragraph: "107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge,expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor." 3-5 Standard Specifications Supplementary Conditions ITEM 107.14-STATE AND LOCAL SALES AND USE TAXES SC-107.14 Delete Item 107.14 and substitute the following in lieu thereof: "107.14 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives 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 3-6 Standard Specifications Supplementary Conditions Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work by any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." 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 3-7 Standard Specifications Supplementary Conditions SC-108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 108.8; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 108.3: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 108.8." 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." 3-8 Standard Specifications Supplementary Conditions DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203—SITE PREPARATION: 203.3.2 Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer." ITEM 203.7-EMBANKMENT: 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." 3-9 Standard Specifications Supplementary Conditions DIVISION 300: ROADWAY CONSTRUCTION ITEM 303.—PORTLAND CEMENT CONCRETE PAVEMENT: 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. ITEM 303.5-CONSTRUCTION METHODS: 303.5.4 Joints 303.5.4.2 Expansion Joints: Replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. 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." 3-10 Standard Specifications Supplementary Conditions DIVISION 500: UNDERGROUND CONSTRUCTION AND APPURTENANCES ITEM 504.—OPEN CUT-BACKFILL: 504.2.3.3.3 Additional Requirements (2) Additional Requirements for Type "B" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 504.5-EMBEDMENT: 504.5.3.2 Compaction. 504.5.3.2.1 Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." DIVISION 800: MISCELLANEOUS CONSTRUCTION&MATERIALS ITEM 803—SLOPE AND CHANNEL PROTECTION: 803.3.3 Riprap Construction Methods 803.3.3.6 Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83." 3-11 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E • C I T Y • O F COPPELL , ,,,,, , , a ,y, 4-- ii t x 1 a A s 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, 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. 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 installation of conduit and fiber optic cable from the City of Coppell Service Center to the traffic signal at Sandy Lake and Royal Lane. The work includes 2" conduit, fiber optic cable and pull boxes to several city facilities along this route. Assorted building connections will be constructed as indicated on plans. It will also be necessary to maintain access to the adjacent properties at all times. Work shall include all components necessary for the "turnkey" construction of the project as shown in the plans for the Fiber Project - Service Center to Sandy Lake Rd and Royal Lane, Project#TR13-03. 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 4-3 Specific Project Requirements described herein. For purposes of the calculation and the determination of entitlement to the incentive payment stated above, the Original Contract Time will not be adjusted for any reason,cause or circumstance whatsoever,regardless of fault, save and except in the instance of a catastrophic event (i.e., war, invasion, riot, declared state of emergency, national strike, or other situations as declared by the Owner). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, disruptions, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, weather, weekends, holidays, or other such events, forces or factors sometimes experienced in 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, 4-4 Specific Project Requirements causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the Owner, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects,time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, extended or unabsorbed home office or job site overhead, 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, 4-5 Specific Project Requirements including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISHED GRADES: 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 may submit a traffic control plan to be reviewed by the City prior to the beginning of work. These plans shall be drawn to scale and sealed by a licensed professional engineer in the state of Texas. Plans will become part of the contract documents. The contractor shall be responsible for placing notices on private residences prior to the beginning of each phase that shows revised traffic patterns. 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 — Traffic Control. 1.16 EXISTING UTILITIES,STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site,the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities,public property, and private property,whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of 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 at no additional cost to the City. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4-9 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: 4-11 Specific Project Requirements 1. Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 2. Satisfactory shop drawings will be so designated and all sets, except four(4), returned to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes that have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for re-submittal, or acceptance of submittal. C. Return submittals to Contractor for distribution,or for resubmission. 4-12 Specific Project Requirements SECTION 5 DESCRIPTION OF PAY ITEMS T H E • C I T Y • O F COPPELL * � `ICJ - - A,, 1 � s SECTION 5-DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the CONTRACTOR can fully understand the scope of work involved in the Pay Items. I. 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 of spoils, (b) water for construction, (c) surveying to establish grade, (d) sprinkling for dust control, (e) project trailer if needed, (f)any other incidentals necessary to complete the work. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, unless modified by these Special Provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord. #2006-1129), Appendix"C" of City of Coppell Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643) and any applicable TxDOT specifications together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. Pay Items #101 Mobilization: This pay item shall consist of actual cost: a. Bonds and insurance b. Pre-Construction Video and Pictures c. Transportation and setup for equipment d. Transportation and/or erection of all field offices, sheds and storage facilities e. Salaries for preparation of submittals required before the first payment request f. Salaries for field personnel assigned to the project related to the mobilization of the project. g. Mobilization may not exceed 5 percent of the total contract amount h. Cost for mobilization may be submitted only for work completed. Note: The total amount bid for Mobilization shall not exceed five percent (5%) of the Base Bid amount, exclusive of this pay item. Measurement and Payment shall be as follows: Ten percent(10%) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount completed. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid. Payment for the remaining 10% of the lump sum bid for mobilization, less retainage, 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. No extra pay 5-2 Description of Pay Items is allowed for remobilization or mobilization of subcontractors. Payment is for one time move in for the project. Pay Item #102 Traffic Control: This pay item shall consist of the placement of the required traffic control devices in accordance with the approved traffic control plan and TMUTCD latest edition. The Contractor may submit an alternate traffic control plan prepared by a licensed professional engineer in the state of Texas for City approval that meets the requirements described in the construction plans for the project as a whole and for the various phases as needed. The Contractor shall not proceed with the implementation of the traffic control plan until notified by the Owner that the alternate plan has been approved. The Contractor shall provide detour signage as indicated on the plans and additional notification as needed around the construction area through means allowed in the Texas MUTCD. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for placing barricades and signs and for furnishing all other materials, tools, street markings, temporary traffic signals, changeable message boards, flagmen, equipment, labor, and any other incidentals necessary to implement the traffic control plan during construction of the project. Payment for this item shall begin on the first payable monthly construction estimate after barricades, signs and traffic handling devices have been installed in accordance with the traffic control plan. Monthly payment based on the calendar days bid shall be made each succeeding month for this item provided the barricades, signs and traffic handling devices have been installed and maintained in accordance with the traffic control plan until the contract amount has been paid. Failure to complete the scheduled work in the bid time will not increase this pay item. Pay Item #103 2" Conduit (gray)with pullstring by any means: This work shall include the furnishing and installation of 2" conduit in accordance with City of Coppell Standards and specification "Underground Traffic Signal Requirements; Conduit, Ground Boxes, Concrete Cabinet Foundations, and Installation Procedures", TxDOT Standards and NCTCOG Standards. Measurement and Payment shall be made on the basis of the bid per linear foot (LF) and shall be the total compensation for furnishing all labor, materials, and equipment necessary to complete the work. Pay Item#104 Type A Ground Box with Concrete Apron: This work shall include the furnishing and installation of ground boxes in accordance with City of Coppell standards and specifications "Underground Traffic Signal Requirements; Conduit, Ground Boxes, Concrete Cabinet Foundations, and Installation Procedures", and appropriate TxDOT standard details. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be the total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Pay Item #105 Connect to existing ground box: This work shall include the furnishing of all materials and labor to connect new conduit to existing ground boxes. 5-3 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item#106 Connect to existing conduit with a ground box (ground box paid for in 104): This work shall include the furnishing of all materials and labor to connect new ground box to existing conduit. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #107-110 Connect to existing Buildings: This work shall include the furnishing of all materials and labor to connect new conduit & fiber to existing buildings. Include all necessary core, bore, sweeps, bends, etc. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item#111 Restore Parkway & Sod: This work shall include 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 3.8, 3.9, 3.10 & 3.11. Unless directed otherwise by the Engineer, block sod matching the species that existed prior to construction shall be placed in all disturbed areas where improved lawn or established turf existed prior to construction. The CONTRACTOR will be required to water, fertilize, mow and otherwise maintain restored areas to establish healthy growth, even distribution of vegetation and full coverage over the entire restored area. The CONTRACTOR shall also maintain and protect these areas from damage and repair any damage that occurs, until completion and final acceptance of the project by the OWNER. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item#112 Corning SPH Box: This work shall include the furnishing of all materials and labor of Corning Integrated Single Panel Housing with AnyLAN modules (LC Duplex) (SPH-24OTR-24A9H) to connect the Pre-terminated AnyLAN fiber optic cable. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #113 12 Strand Corning AnyLAN Pre-terminated Fiber: This work shall include the furnishing and installation of fiber optic cable in the locations as shown on the plans. The cable shall be Corning AnyLAN pre-terminated 12 fiber single mode trunk with opti-tip connectors. The lengths as shown in the plans are approximate, and are based on the best information 5-4 Description of Pay Items available. Upon completion of the conduit installation, it shall be the contractor's responsibility to verify the actual length necessary to make the connections indicated in the plans. As this type of cable is pre-terminated with "plug & play" ends at the factory it is imperative that the correct length be ordered. Any shortage will be the sole responsibility of the contractor. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Payment will be made on the basis of the actual length of cable provided and installed. Pay Item #114 Fiber Jumpers: This work shall include the furnishing and installation of fiber optic cable jumpers in the locations as shown on the plans. Compu-link LCCLCCD1-UPSM 2-F Jumper 2.3Ft/1MT 8.3/12 LC to LC Ceramic Tip Ultra Polish 0S2. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Payment will be made on the basis of the actual length of cable provided and installed. 5-5 Description of Pay Items i SECTION 6 TECHNICAL SPECIFICATIONS T H E • C 1 T Y Q F COPPELL ,,,,. 4,% f ...„- ,..._,.A S 1 a • 6-1 Technical Specifications SECTION 6 CONTENTS: UNDERGROUND TRAFFIC SIGNAL REQUIREMENTS Page 6-3 FIBER OPTIC CABLE AND CABINET MOUNTED Page 6-8 COMMUNICATION EQUIPMENT 6-2 Technical Specifications UNDERGROUND TRAFFIC SIGNAL REQUIREMENTS: CONDUIT, GROUND BOXES,CONCRETE CABINET FOUNDATIONS AND INSTALLATION PROCEDURES 1.0 CONDUIT 1.1 Description 1.1.1 This item shall govern for the furnishing and placing of conduit of the types and sizes indicated on the plans, including ground boxes, fittings, expansion joints, attachments and incidentals. 1.1.2 Unless otherwise shown on the Plans, all conductors shall be in conduit except when in metal poles. All conduit and fittings shall be of the sizes and types shown on the plans. 1.1.3 The Contractor may, at his own expense, use conduit of larger size than specified on the Plans providing that the larger size is used for the entire length of conduit run. 1.2 Materials 1.2.1 All conduit and fittings shall meet the requirements of the National Electrical Code and shall be listed by Underwriters Laboratories, and shall be marked in accordance with the applicable requirements of the NEC. 1.2.2 Ground boxes, expansion joints and conduit fittings shall be fabricated from a material similar to the connecting conduit unless indicated otherwise on the plans and shall be listed by Underwriters Laboratories. 1.2.3 Rigid metal conduit shall be steel, hot-dipped galvanized inside and outside. When tested in accordance with ASTM designation: A 90 zinc coating shall be a minimum of 1.5 ounces per square foot. Electrical metallic tubing and intermediate metal conduit shall be steel, hot-dipped galvanized on the outside and protected on the inside with a suitable corrosion resistant material. Fittings shall be rain-tight. Set screw and pressure cast fittings will not be permitted. 1.2.4 Polyvinylchloride and high-density polyethylene conduit shall meet the requirements of NEMA Standard TC-2 and UL 651, and the requirements of NEC for Rigid Nonmetallic Conduit. Unless otherwise noted on the plans, PVC conduit shall be heavy-wall(Schedule 80). 1.2.5 Flexible conduit shall be liquid-tight metal meeting requirements of NEC and shall be UL-listed. Where conduit system is metallic, all lengths of flexible metal conduit shall be fitted with bonding jumpers. 6-3 Technical Specifications 1.3 Construction Methods 1.3.1 The conduit, ground boxes, fittings and incidentals shall be placed in accordance with the lines, grades, details and dimensions shown on the plans, or as directed by the Engineer. Installation of conduit shall be in accordance with the requirements of NEC. Conduit placed for concrete encasement shall be secured and supported in such a manner that the alignment will not be disturbed during the placement of the concrete. No concrete shall be placed until all of the conduit ends have been capped and all box openings closed. 1.3.2 Where conduit is threaded in the field, a standard conduit cutting die with a 3/4 inch tape per foot shall be used. Conduit placed on structures shall be firmly fastened within 3 feet of each outlet box, ground box or fitting and at other locations as required by the NEC. 1.3.3 When required by the Engineer, immediately prior to installation of conductors or final acceptance, a spherical template having a diameter of not less than 75 percent of the inside diameter of the conduit shall be drawn through the conduit to insure that the conduit is free from obstruction;then all conduit ends shall be closed using permanent type caps. 1.3.4 Conduit terminating in controller cabinet shall extend vertically, approximately two inches above the concrete foundation. Field bends in rigid metal conduit shall have a minimum radius of 12 diameters of the nominal size of the conduit. 1.3.5 Each length of galvanized rigid metal conduit where used, shall be reamed and threaded on each end and couplings shall be made up tight. White-lead paint or equal shall be used on threads of all joints. PVC conduit shall be joined by solvent-weld method in accordance with the conduit manufacturer's recommendations. No reducer couplings shall be used unless specifically indicated on the Plans. 1.3.6 All conduit and fittings shall have the burrs and rough places smoothed and shall be clean and free of obstructions before the cable is installed. Ends of conduits shall be capped or plugged until starting of wiring. A nylon or non-metal pull tape shall be used in pulling cables and conductors through PVC conduit. Metal tapes will not be permitted in PVC conduit. The conduits shall be placed as shown on the Plans or as directed by the Engineer. 1.3.7 PVC conduit which is to be placed under existing pavement, sidewalks, and driveways shall be placed by first providing a void through which the PVC conduit shall be inserted. The void may be accomplished by either boring or jacking a mandrel. If it is determined by the Engineer that it is impractical to place the conduit as outlined above due to unforeseen obstructions, written permission may be granted by the Engineer for the Contractor to cut the existing pavement. Pits for jacking or boring shall not be closer than two feet to the back of the curb or outside edge of the shoulder unless otherwise directed by the Engineer. The jacking or boring method used shall not interfere with the operation of street, highway, or other facility, and shall not weaken or damage any embankment, structure, or pavement. Heavy jacks 6-4 Technical Specifications are to be used for jacking. Boring is to be done by mechanical means providing a maximum one-inch cover cut for the conduit to be placed, and use of water or other fluids in connection with the boring operation will be permitted only to the extent to lubricate cuttings. Water jetting will not be permitted. Where conduit is to be placed under existing asphaltic pavement, the jacking method is to be used unless written approval is given by the Engineer for placement of conduit by boring. 2.0 GROUND PULL BOX 2.1 General 2.1.1 The purpose of this specification is to describe a precast concrete, ground (pull) box with cover and extension (if required) for use in underground traffic signal systems. The box shall be used for terminating and beginning conduit runs of various sizes and also for accessibility when pulling signal or interconnect cable. 2.2 Description 2.2.1 This item shall govern the construction, furnishing and installation of precast ground boxes in accordance with locations and details shown on the plans. Unless otherwise noted on plans,ground boxes shall be precast concrete. 2.2.2 The assembly shall consist of box, cover, and extension (if required). The box and extension shall be precast concrete. The cover shall be galvanized steel. The cover shall be fabricated so as to fit properly in a recessed lip for full and stable contact on the box and be secured thereon with at least two stainless steel bolts. The legend "Traffic Signals" shall be integrally cast into the top surface of the cover, and the cover shall be provided with a sturdy, stainless steel drop handle to facilitate removal. 2.2.3 The ground boxes shall have the minimum outside dimensions (LWH) of 19" x 13" x 12". The bottom portion of each will be open,with sturdy flange around the perimeter so that the box seats firmly on the top of extension. A minimum of four knockouts,to accept three inch duct, one on each end and side, shall be provided in each box and extension section. 2.3 Materials 2.3.1 Concrete used for constructing the precast concrete ground boxes shall be Class A conforming to the requirements of the Standard Specifications for Public Works Construction North Central Texas, "Concrete For Structures". Reinforcing steel used in the construction of the ground boxes shall conform to the requirements of the "Steel Reinforcement". 2.4 Construction Methods 2.4.1 The construction and installation of the ground boxes shall be carried out in compliance with the requirements herein stated and in conformity with the details 6-5 Technical Specifications shown on the plans. Upon completion of the work, each installation shall present a neat and workmanlike finished appearance. 3.0 CABINET FOUNDATIONS 3.1.1 All concrete materials and their preparations shall be in accordance with the requirements contained in Standard Specifications for Public Works Construction North Central Texas, "Drilled Shaft Foundation," and the additional requirements herein. 3.1.2 All concrete used in the project shall have the following mix proportions and characteristics: a. Minimum Sacks of Cement(Type 11 Portland)per cubic yard- 5.0 b. Maximum Water- Cement Ratio- 6.5 c. Maximum Size of Aggregate- 1 inch d. Minimum Compressive Strength(28 day cure at 70 F.) 3000 psi e. Slump Range in inches- 3 to 5 Use of a cement dispersing agent is permissible, but not required when the temperature of ambient air or of the concrete mix is above 85 F. 3.2 Excavation for all required foundations shall be done in accordance with lines and depth indicated on the Plans. All loose material shall be removed from the excavation before the concrete is placed. Any water shall be removed by pumping or bailing. The use of explosives will not be permitted. 3.2.1 Foundations shall be constructed to the dimensions shown on the Plans or directed by the Engineer. Care shall be used to insure that the top of the finished foundation is exactly level. Anchor bolts and conduits shall be held rigidly in place by a template until the concrete is set. A mechanical vibrator shall be used for compacting and working the concrete. After the concrete has been placed and the top struck off, it shall be covered with wet cotton or burlap mats, for not less than ninety-six (96) hours. 3.2.2 Backfill shall be tamped with mechanical tamps in 6-inch layers to the density of the surrounding ground. Where excavation is made in the surfaced shoulder,the shoulder shall be replaced with material equal to the original construction. 3.2.3 All excavated material not required for backfill shall be promptly removed and disposed of by the Contractor outside the limits of the project. 3.2.4 No concrete shall be placed when the atmosphere temperature is at or below 40 F. (taken in shade away from artificial heat) unless permission to do so is given by the Engineer. 4.0 MEASUREMENT AND PAYMENT 6-6 Technical Specifications 4.1 Cabinet Foundation a. Measurement. Foundations will be measured per each unit. Materials required and used in installation, such as reinforcing steel, ground rods and forms will not be measured directly but will be considered subsidiary to the Items "Drilled Shaft Foundation" and "Cabinet Foundation". b. Payment. Foundations installed in place, will be paid for at the unit price bid for respective types specified in the bid item list. Said prices shall be full compensation for furnishing and installing all required materials, such as reinforcing steel, concrete, ground rods, anchor bolts, and for all labor, materials, tools, equipment, all backfilling, and incidentals necessary to complete the work. 4.2 Ground Boxes a. Measurement. Ground boxes will be measured per each unit. Materials required and used in installation, such as bedding gravel, will not be measured directly,but will be considered subsidiary to the Item"Ground Boxes". b. Payment. Ground boxes, provided and installed in place as shown on the Plans will be paid for at the unit price bid specified in the bid item list. Said prices shall be full compensation for furnishing and installing and for all labor, tools, materials,equipment and incidentals necessary to complete the work. 4.3 Conduit a. Measurement. Conduit of the respective sizes and material type specified on the Plans, will be measured per lineal foot. Materials required and used in installation, such as couplings and connecting hardware, will not be measured directly,but will be considered subsidiary to the Item "Conduit". b. Payment. Conduit, provided and installed in place will be paid for at the unit price bid for respective size and type specified in the bid item list. Said prices shall be full compensation for furnishing and installing all described connecting hardware, for cleaning existing conduit sections (those to be reused) and for all labor,tools, materials, equipment and incidentals necessary to complete the work. 6-7 Technical Specifications SPECIFICATIONS FOR FIBER OPTIC CABLE AND CABINET MOUNTED COMMUNICATION EQUIPMENT 1.0 SCOPE 1.1 This specification sets forth the minimum requirements for communication equipment to be supplied with each traffic signal installation. The purpose of these devices is to allow communication to take place between traffic signals and the shop. 2.0 PARTS 2.1 Corning AnyLAN Pre-terminated 12 strand, single mode fiber optic cable with Opti-tip connectors. 2.2 Coming Integrated Single Panel Housing with AnyLAN modules (LC Duplex) (SPH-240TR-24A9H) 2.3 Hardened fiber ethernet switch: EtherWAN EtherWAN 41-136046 Hardened Power Supply and EtherWAN EX720890VB Hardened Managed Switch 8 Ports, 10/100TX + 2 Ports Combo 1000TX/SFP. (for single fiber runs, i.e. MacArthur& Deforest Road) or EtherWAN EX77204-00VC Hardened Managed Switch 8 Ports, 10/100TX + 4 Ports Combo 1000TX/SFP. (for two fiber runs intersecting, i.e. Denton Tap & Sandy Lake) and EtherWAN EX-1250TSP-MB4L-A Hardened SFP module 1000LX, 10km, LC Connector (Modules are required for each fiber port. All fiber ports will be provided with a module whether utilized or not.) 6-8 Technical Specifications