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ST0301C-CS140818 1-2 Bidding Documents TABLE OF CONTENTS Page # Section 1 - Bidding Documents Notice to Bidders 1-4 Instructions to Bidders 1-6 Proposal/Bid Schedule 1-21 Prevailing Wage Rates 1-31 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 Conflict of Interest 2-16 For this project, the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix ‘C’ Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein. Section 3 - City of Coppell's Supplementary Conditions 3-1 To the NCTCOG General Provisions Section 4 - Specific Project Requirements 4-1 Section 5 - Description of Pay Items 5-1 Section 6 - Technical Specifications 6-1 Project Sign 6-2 02231 Tree Protection and Trimming 6-3 02402 Care of Water During Construction 6-7 02767 Gabions 6-9 32 90 00 Landscape Planting 6-14 USACE Nationwide Permit 14 – Linear Transportation Project 6-21 Geotechnical Report 6-40 1-3 Bidding Documents SECTION 1 BIDDING DOCUMENTS 1-4 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of Bethel & Coppell Road Infrastructure Improvements (Construction of Bethel Road from Mitchell St to Penfolds Lane, Benson Lane, and Coppell Rd from Bethel Road to Cooper Lane) – Project No. ST 03- 01C. The work shall consist of the installation of 14,500 S.Y. of 8” concrete pavement, related drainage and utility improvements, the removal of existing pavement, 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 $100.00 from the City of Coppell Purchasing Agent, 255 Parkway Blvd, Coppell, Texas 75019, telephone 972-304-3698 for additional information. Digital copies of the bidding documents can be downloaded at www.BidSync.com . Bidding documents may also be examined free of charge at the offices of the City Engineer, City of Coppell, 265 Parkway Blvd, Coppell, Texas. To ensure proper notification of addendums, make sure that you are a registered plan holder on the plan holder’s list. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Bethel & Coppell Road Infrastructure Improvements – Phase III - Project No. ST 03-01C will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., September 11, 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-0914-01 designated clearly on the exterior of the bid envelope. A Pre-Bid Conference has been scheduled for this project at the Coppell City Hall (255 Parkway Boulevard) at 2:00 p.m. on September 4, 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 $100,000 for early completion. Bids submitted with more than 270 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. 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 SHALL BE INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible 1-5 Bidding Documents 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. 1-6 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder, as determined after review of calendar days, overall price, and qualifications, to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, the Construction Plans and Specifications, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Consulting Engineer: Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Freese and Nichols, Inc., 2711 N. Haskell Street, Suite 3300, Dallas, TX 75204. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work . This work shall consist of the reconstruction of Bethel Road from Mitchell Street to Penfolds Lane, Benson Lane, and Coppell Road from Bethel Road to Cooper Lane. These roads will be reconstructed as concrete roadways with some on street parking for approximately 3600 linear feet. Sidewalks will be constructed along both sides of Bethel Road and Coppell Road. A gabion channel will be constructed for approximately 200 linear feet. An underground storm drain system will be installed along all roadways. Approximately 1700 linear feet of 16”, 1500 linear feet of 12” and 250 linear feet of 8” waterline and 1300 linear feet of 8” sanitary sewer with services will be completed with the project. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project No. ST 03-01C. 1-7 Bidding Documents 3. Copies of Bidding Documents . 3.1 Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non-refundable cost of $100.00 from the City of Coppell Purchasing Agent, 255 Parkway Blvd, Coppell, Texas 75019, telephone 972-304-3698 for additional information. Digital copies of the bidding documents can be downloaded at www.BidSync.com. Bidding documents may also be examined free of charge at the offices of the City Engineer, City of Coppell, 265 Parkway Blvd, Coppell, Texas. 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. 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. 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). 1-8 Bidding Documents C. Equipment (within five [5] days if requested). The Bidder shall provide a list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial (within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. By submitting a bid, the Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from Bethel Road or Coppell Road. 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 1-9 Bidding Documents Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, the Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions, according to the City standards, upon completion of such explorations. 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. 1-10 Bidding Documents 7. Interpretations and Addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. The time of completion of the project will be set through the bidding technique used in the Proposal Form. A more detailed explanation of the bidding technique and completion time is given in Item 1.6 of the Specific Project Requirements. 8.1 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. 8.2 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 103.7 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 1-11 Bidding Documents Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Proposa l. 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. 1-12 Bidding Documents 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids, unless stated otherwise in the description of pay items . Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. If an item is noted as a “Plans Quantity” then only the quantity shown in the unit bid price schedule will be paid. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., September 11, 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-0914-01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of: Bethel & Coppell Road Infrastructure Improvements – Phase III – Project No. ST 03-01C on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. 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 1-13 Bidding Documents 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 365 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. 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 $1,000.00 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 the Total Calendar Days x $1,000.00 (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 1-14 Bidding Documents data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 19.4 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.7 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) calendar days after the date of the Bid opening. 20. Incentive/Disincentive. 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 $1,000.00. In the event the contract takes less than the total calendar days bid to construct the project, there will be incentives assessed of $1,000 per day. The total incentive payment for Contract Time shall not exceed $100,000 . In the event the contract takes longer than the total calendar days bid to construct the project, there will be damages assessed of $1,000 per day with no limit on the amount of disincentive. 1-15 Bidding Documents 21. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 22. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 23. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 24. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Calendar day count on the project shall commence within ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever occurs first. 25. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 26. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 1-16 Bidding Documents 27. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 28. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Owner. 29. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 30. Maintenance Bond. The Contractor shall provide a two-year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 31. Testing Requirements. The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or re-inspections and overtime. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractor’s responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items at his own expense. 32. Overtime. “Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor at a rate of $54 per hour. If not paid, such cost may be deducted from partial payments.” 33. Payment. 1-17 Bidding Documents CONTRACTOR shall submit Applications for Payment in accordance with Item 190.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 34. Documentation of existing conditions. Contractor must video and provide a copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to Pay Item #103 Preparing ROW. 35. Bid Security. Contractor must submit a bid security in the amount of five (5%) percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute a Performance, Payment and Maintenance Bonds on the forms included in the Contract Documents if awarded the contract. Acceptable Bid Security are: Certified or cashier’s check made payable to the Owner. An approved Bidder’s Bond underwritten by a surety named in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. 36. Bonds. Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 37. Bid Notification. City of Coppell utilizes the following procedures for notification of bid opportunities: www.bidsync.com and the Coppell Citizens Advocate . These are the only forms of notification authorized by the City. Coppell shall not be responsible for receipt of notification and information. 1-18 Bidding Documents BID FORM PROJECT IDENTIFICATION: Bethel and Coppell Road Infrastructure Improvements – Phase III ST 03-01C in Coppell, Texas 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-0914-01 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: ______ ______ ______ ______ ______ Date: ______ ______ ______ ______ ______ Rec'd: ______ ______ ______ ______ ______ 1-19 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. 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. 1-20 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for 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 strong consideration in the award of the bid. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. 7. BIDDER will complete the Work for the following price(s): Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price Mobilization (Max. 5% of Contract) _________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum Traffic Control ___________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum Prep ROW, Including Tree Removal ___________________________________________________________________________ ______________________________Dollars _____________________Cents Per Station Prepare and Implement SWPPP ___________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum Project Signs ___________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Unclassified Excavation (Roadway and Channel) ___________________________________________________________________________ ______________________________Dollars _____________________Cents Per Cubic Yard Embankment (on site) ___________________________________________________________________________ ______________________________Dollars _____________________Cents Per Cubic Yard Remove and Dispose of Existing Asphalt Pavement ___________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard Concrete Removal __________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard Remove Existing Brick Pavers ____________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard Remove and Reset Existing Mailboxes ____________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each UNIT PRICE BID SCHEDULE BASE BID STA 104 1 LS 106 11,483 CY 107 2,357 CY 101 1 LS 102 1 LS 103 37 109 1,613 SY 105 2 EA 108 15,047 SY 111 17 110 108 SY EA 1 - 21 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price Remove Existing Concrete Box Culvert and Wingwalls _________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum Remove Existing Inlet Box ____________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Adjust Existing Sanitary Sewer Manholes to Grade ____________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Abandon Existing Water Line ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum Abandon Existing Sewer Line ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum 8" Lime Subgrade Treatment ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard Lime ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Ton 8" Reinforced Concrete Pavement with 6" Integral Curb ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard 8" Reinforced Stamped Concrete ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard 6" Reinforced Concrete Driveways ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard 6" Reinforced Stamped Concrete ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard 1L S 118 122 54 SY 120 455 SY EA 114 5 EA 112 1 LS 113 10 LS 119 14,516 SY 369 TON 116 115 117 17,569 SY 1 121 2,002 SY 1 - 22 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price 2" HMAC Driveway Pavement ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard Gravel Driveway (6" Aggregate and geotextile) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard 4" Reinforced Concrete Sidewalks ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard 6" Reinforced Concrete Sidewalks ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard Type I Barrier Free Ramp ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Type II Barrier Free Ramp ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Type III Barrier Free Ramp ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Crushed Stone for Temporary Access Drives ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard Temporary Pavement for Traffic Control (2" HMAC, 6" Agg. Base) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Square Yard 4" Round Yellow Acrylic Double Reflective Button ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 4" White Acrylic Double Reflective Button ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 4" White Acrylic Single Reflective Button ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 12 1,731 SY130 EA 133 12 125 2,600 SY 131 550 SY 129 2 EA EA EA 132 1,420 2E A 123 185 127 124 87 SY 126 1,805 SY SY 134 11 EA 128 1 - 23 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price 24" White, Solid Type II Pavemnet Markings ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 4" White, Solid Type I Pavement Markings ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot Pavement Marking Symbols ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Roadside Sign Assembly (New Installation) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Roadside Sign (New Installation with Blade "Benson Rd") ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Hydromulch Seeding (1,162 SY) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum Furnishing and Placing Topsoil (4") (10,822 SY) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum 18" RCP (CL III) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 21" RCP (CL III) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 24" RCP (CL III) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 30" RCP (CL III) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 2E A 140 1 LS 137 135 110 LF 136 1,390 LF 11 EA138 1L S141 143 1,023 LF 142 106 LF 144 394 LF 145 180 LF 2E A139 1 - 24 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price 36" RCP (CL III) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 42" RCP (CL III) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot Trench Safety System for Storm Drains ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 5' Standard Curb Inlet ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Std. 5' Recessed Curb Inlet ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Std. 10' Recessed Curb Inlet ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 4' x 4' Drop Inlet ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 2' x 2' Drop Inlet ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 4'x4' Square Storm Drain Manhole ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 5'x5' Square Storm Drain Manhole ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Gabion Baskets (Bedding and Geotextiles Included) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Cubic Yard Gabion Mattress ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Cubic Yard 152 1 1E A EA 153 12 EA 151 EA 155 3 EA 157 246 CY 1E A 156 110 CY 154 146 599 147 789 LF 149 3 3,446 LF EA LF 148 150 3 1 - 25 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price Wingwall (PW)(H=12) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Cast-In-Place Reinforced Concrete Box Culvert (10' x 8') ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 16" C905 DR 18 PVC Waterline ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 12" C900 DR 14 PVC Waterline ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 8" C900 DR 14 PVC Waterline ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot NOT USED ______________________________________________________________________________Not Used Not Used ______________________________Dollars _____________________Cents Per Linear Foot 16" Gate Valve ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 12" Gate Valve ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 8" Gate Valve ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Remove and Salvage Fire Hydrant ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Install New Fire Hydrant and Valve Assembly ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 1" Water Service ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each EA 161 1,520 167 4 169 28 EA 168 7 EA LF EA 162 239 LF 166 7 165 5 EA 164 7 EA EA 160 1,686 LF 163 159 355 158 2 LF 1 - 26 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price NOT USED ______________________________________________________________________________Not Used Not Used ______________________________Dollars _____________________Cents Per Each 2" Irrigation Service - With Meter ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Flowable Fill - Waterline ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot Trench Safety System for Waterlines ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 8" PVC Wastewater Pipe (SDR-35) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 6" PVC Wastewater Pipe (SDR-35) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot Sanitary Sewer Manhole ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Remove Existing Sanitary Sewer Manhole ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Abandon Sanitary Sewer Manhole ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 4" Sanitary Sewer Service and Short Side Crossing ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 4" Sanitary Sewer Service and Long Side Crossing ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 0170 0 3,445 LF 176 6 EA 172 125 LF 174 1,309 LF 173 171 1 EA 180 2 EA 4E A 177 3 EA 175 24 LF EA 178 179 10 1 - 27 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price Trench Safety & Support - Sewer ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot Flowable Fill - Sewer ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot Banner Pole ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Decorative Railing at Culverts ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot TxDOT electrical service ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Street Light Pole and Base Foundation "A1" ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each 2" SCH 40 PVC Conduit ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot NOT USED ______________________________________________________________________________Not Used Not Used ______________________________Dollars _____________________Cents Per Each #8 Conductors ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot Street Light Pullbox ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Cedar Elm ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Each Tree Protection ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot 185 LF EA 192 1,000 23 EA LF 186 181 1,288 LF 182 20 0 191 7 EA 190 25 EA 189 14,900 LF 1 184 98 LF 188 0 187 6,575 LF 183 4 EA 1 - 28 Bidding Documents Bethel Coppell Road Reconstruction, Phase III Project (Bethel Rd, Coppell Rd, and Benson Ln) Project # ST 03-01C Bid No. Q-0914-01 Item No. Plan Quantity Unit Description and Price in Words Unit Price Total Price Block Sod (9,660 SY) ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Lump Sum 36" Deep Dual-Purpose Root and Water Barrier ______________________________________________________________________________ ______________________________Dollars _____________________Cents Per Linear Foot ______________________________________________________________________________$_______________ LS TANGIBLE PERSONAL PROPERTY COST $_______________ LF194 201 193 1 1 - 29 Bidding Documents 1-30 Bidding Documents BID SUMMARY SUBTOTAL BID ITEMS I-101 THRU I-194 $_______________________ TOTAL BID ITEMS BASE BID (A) $_______________________ TOTAL TIME BID _______ CALENDAR DAYS TOTAL OF CALENDAR DAYS X $1,000 (B) $______________________ BASIS FOR COMPARISON OF BIDS (A) + (B)* $_______________________ *The bid with the lowest amount for (A) + (B) will be considered the low bid. The awarded contract amount will be on the basis of the Base Bid (A) only. NOTE: A TIME BID OF MORE THAN 270 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 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). 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 NCTCOG’s Standard Specifications for Public Works Construction. SUBMITTED ON ________________________________________ Signature: ________________________________________ PREVAILING WAGE RATES I-31 Bidding Documents Air Tool Operator 10.60 Asphalt Raker 11.01 Asphalt Shoveler 8.80 Batching Plant Weigher 14.15 Carpenter 12.80 Concrete Finisher-Paving 12.85 Concrete Finisher-Structures 13.27 Concrete Rubber 10.61 Electrician 18.12 Flagger 8.43 Form Builder-Structures 9.82 Form Liner-Paving and Curb 9.00 Form Setter-Paving and Curb 9.24 Form Setter-Structures 11.63 Laborer-Common 9.18 Laborer-Utility 10.65 Mechanic 16.97 Oiler 14.98 Servicer 12.32 Painter-Structures 13.17 Pipe Layer 11.04 Blaster 11.50 Asphalt Distributor Operator 13.99 Asphalt Paving Machine 12.78 Broom or Sweeper Operator 9.88 Bulldozer 13.22 Concrete Curbing Machine 12.00 Concrete Finishing Machine 13.63 Concrete Paving Joint Machine 12.50 Concrete Paving Joint Sealer 9.00 Concrete Paving Saw 13.56 Concrete Paving Spreader 14.50 Slipform Machine Operator 12.33 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 14.12 Foundation Drill Operator Crawler Mounted 13.67 Foundation Drill Operator Truck Mounted 16.30 Front End Loader 12.62 Milling Machine Operator 11.83 Mixer 11.58 Motor Grader Operator Fine Grade 15.20 Motor Grade Operator 14.50 Pavement Marking Machine 10.04 Roller, Steel Wheel Plant-Mix Pavements 11.28 Roller, Steel Wheel Other Flatwheel or Tamping 10.92 Roller, Pneumatic, Self-Propelled 11.07 Scraper 9.63 Tractor-Crawler Type 11.42 Tractor-Pneumatic 12.91 Traveling Mixer 12.03 Wagon-Drill, Boring Machine 14.00 Reinforcing Steel Setter Paving 14.86 Reinforcing Steel Setter Structures 16.29 Steel Worker- Structural 14.80 Spreader Box Operator 10.92 Work Zone Barricade 10.09 Truck Driver-Single Axle Light 10.91 Truck Driver-Single Axle Heavy 11.47 Truck Driver -Tandem Axle Semi Trailer 11.75 Truck Driver Lowboy/Float 14.93 Truck Driver-Transit Mix 12.08 Truck Driver- Winch 9.00 Vibrator Operator-Hand Type 7.32 Welder 13.57 SECTION 2 CONTRACT DOCUMENTS 2-2 Contract Documents 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 the reconstruction of Bethel Road from Mitchell Street to Penfolds Lane, Benson Lane, and Coppell Road from Bethel Road to Cooper Lane. These roads will be reconstructed as concrete roadways with some on street parking for approximately 3600 linear feet. Sidewalks will be constructed along both sides of Bethel Road and Coppell Road. A gabion channel will be constructed for approximately 200 linear feet. An underground storm drain system will be installed along all roadways. Approximately 1700 linear feet of 16”, 1500 linear feet of 12” and 250 linear feet of 8” waterline and 1300 linear feet of 8” sanitary sewer with services will be completed with the project. Work shall include all components necessary for the "turn-key" construction of the roadway and related improvements as shown in the plans for Project No. ST 03- 01C. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the Bethel & Coppell Road Infrastructure Improvements – Phase III - Project No. ST 03-01C for the City of Coppell Bid No. Q-0914-01 Article 2. ENGINEER. The Project has been designed by Freese and Nichols, Inc. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights 2-3 Contract Documents and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the 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. 2-4 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. 2-5 Contract Documents 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2-2 thru 2-7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Conflict of Interest 8.5. Notice of Award. 8.6. Part 1: Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition. 8.7. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-2 thru 3-10, inclusive). 8.8. Specifications bearing the title: "Construction Specifications and Contract Documents for the " Bethel & Coppell Road infrastructure Improvements – Phase III, Project No. ST 03-01C for the City of Coppell ". 8.10. Drawings (Construction Plans) entitled: "Bethel & Coppell Road Infrastructure Improvements – Phase III” - Project No. ST 03-01C for the City of Coppell". 8.11. The following listed and numbered addenda: ___________________ 8.12. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.13. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.14. 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 2-6 Contract Documents documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.15. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101. of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-7 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.) 2-8 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance, which will be executed and bound here with final documents. Please see the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, Item 103.4 for insurance policies required. · Contractor’s Insurance o Worker’s Compensation – As set forth in the Workers Compensation Act o Commercial General Liability - $1,000,000 Accident/Occurrence o Automobiles - $500,000 Combined single limit per occurrence o Owner’s Protective Liability - $600,000/occurrence; $1,000,000 aggregate o “Umbrella” Liability - $1,000,000 per occurrence w/ drop down coverage o Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate. · Additional Insured - The Owner and Freese and Nichols, Inc. shall be named as an additional insured on the Commercial General Liability (Public), Owner’s Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor Please see the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, Item 107.2 for indemnification requirements. 2-9 Contract Documents General 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. 2-10 Contract Documents PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That ____________________________________ whose address is ______________________________________________________________ , hereinafter called Principal, and __________________________________________________ , a corporation organized and existing under the laws of the State of _____________ , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ___________________________ __________________________________________________________________DOLLARS ($___________________ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the _______ of ____________ , A.D. 20 _______ , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Bethel & Coppell Road Infrastructure Improvements – Phase III Project No. ST 03-01C Bid No. Q-0914-01 NOW, THEREFORE , if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 2-11 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 __________________, 20_____. 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. 2-12 Contract Documents PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That ________________________________ whose address is ______________________________________________________________ , hereinafter called Principal, and __________________________________________________ , a corporation organized and existing under the laws of the State of _____________ , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of ___________________________ __________________________________________________________________DOLLARS ($___________________ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the _______ of ____________ , A.D. 20_______ , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Bethel & Coppell Road Infrastructure Improvements – Phase III Project No. ST 03-01C Bid No. Q-0914-01 NOW, THEREFORE , if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER , that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER , that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any 2-13 Contract Documents such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF , this instrument is executed in _______________ copies, each one of which shall be deemed an original, this the ______ day of ___________________, 20_____. PRINCIPAL SURETY _____________________________________ ____________________________________ By: __________________________________ By: _________________________________ Title: ________________________________ Title: _______________________________ ATTEST: ATTEST: ____________________________________ ____________________________________ The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ____________________________________________________________________________ ADDRESS: ____________________________________________________________________________ NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2-14 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 Bethel & Coppell Road Infrastructure Improvements – Phase III, Project - No. ST 03-01C, Bid No. Q-0914-01 , 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, 2-15 Contract Documents and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF , the said ___________________________________ has caused these presents to be executed by _____________________________________________ and the said _____________________________________________ has caused these presents to be executed by its Attorney in fact and the said Attorney in fact ____________________________ , has hereunto set his hand, the ______________ day of _______________________, 20______. PRINCIPAL SURETY _____________________________________ ______________________________________ By: __________________________________ By: ___________________________________ Title: ________________________________ Title: _________________________________ WITNESS: ATTEST: _____________________________________ ______________________________________ NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-16 Contract Documents CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. 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. OFFICE USE ONLY Date Received 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. 2-17 Contract Documents FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES. This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? 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 entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. 6 _____________________________________________ ___________________ Signature of person doing business with the governmental entity Date 2-18 Contract Documents SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS 3-2 Standard Specifications Supplementary Conditions CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION – NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. DIVISION 100: GENERAL PROVISIONS ITEM 101. – DEFINITIONS & ABBREVIATIONS SC-101.1 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Consulting Engineer: Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Freese and Nichols, Inc., 2711 N. Haskell, Suite 3300, Dallas, TX 75204. 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. 3-3 Standard Specifications Supplementary Conditions ITEM 103.3 – SURETY BONDS SC-103.3.1 Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." ITEM 103.4 - INSURANCE SC-103.4.6 Add the following new item: “103.4.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR.” SC-103.4.7 Add the following new item: “103.4.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same.” SC-103.4.7a Add the following new item: “103.4.7a Freese and Nichols, Inc. shall be included as an “Additional Insured” on all project liability insurance.” ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC-103.6 Add following sentence to end of Item 103.6. 3-4 Standard Specifications Supplementary Conditions “Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work.” ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC-104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: ITEM 105.1 – CONTRACT DOCUMENTS SC-105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." SC-105.1.3 Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies". Add the following to the end of Item 105.1.3: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: Geotechnical Engineering Study by Terra-Mar, Inc, April 2003 (available upon request). The Contractor may take borings at the site to satisfy himself as to subsurface conditions." ITEM 105.2 - WORKMANSHIP, WARRANTIES AND GUARANTEES SC-105.2.2 Amend the first sentence of Item 105.2.2 to change the words "one year" to "two years". 3-5 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. No extra pay will be made for construction staking. Contractor shall re-establish all benchmarks and monumentation at the end of the project." ITEM 107.3 - OWNER'S OFFICERS, EMPLOYEES OR AGENTS SC-107.3.2 Replace Item 107.3.2 with the following new paragraph: “107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor.” ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES SC-107.14 Delete Item 107.14 and substitute the following in lieu thereof: 3-6 Standard Specifications Supplementary Conditions “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 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 3-7 Standard Specifications Supplementary Conditions 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 SC-108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: 3-8 Standard Specifications Supplementary Conditions "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." DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203 – SITE PREPARATION: 203.3.2 Add the following sentence after the second sentence: “The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer.” ITEM 203.7 - EMBANKMENT: 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." DIVISION 300: ROADWAY CONSTRUCTION ITEM 303. – PORTLAND CEMENT CONCRETE PAVEMENT: 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. 3-9 Standard Specifications Supplementary Conditions 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." 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 3-10 Standard Specifications Supplementary Conditions 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.” SECTION 4 SPECIFIC PROJECT REQUIREMENTS 4-2 Specific Project Requirements SPECIFIC PROJECT REQUIREMENTS The construction specifications, which apply to this project are the Standard Specifications for Public Works Construction - Fourth Edition North Central Texas Council of Governments (NCTCOG). 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 4-3 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 : The word "Consulting Engineer" in these contract documents and specifications refers to the DESIGN ENGINEER or his authorized representative, Freese and Nichols, Inc., 2711 N. Haskell, Suite 3300, Dallas, TX 75204. 1.3 STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the City of Coppell Standard Construction Details (Ord.#2006-1129), and Appendix ‘C’ Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: This work shall consist of the reconstruction of Bethel Road from Mitchell Street to Penfolds Lane, Benson Lane, and Coppell Road from Bethel Road to Cooper Lane. These roads will be reconstructed as concrete roadways with some on street parking for approximately 3600 linear feet. Sidewalks will be constructed along both sides of Bethel Road and Coppell Road. A gabion channel will be constructed for approximately 200 linear feet. An underground storm drain system will be installed along all roadways. Approximately 1700 linear feet of 16”, 1500 linear feet of 12” and 250 linear feet of 8” waterline and 1300 linear feet of 8” sanitary sewer with services will be completed with the project. Work shall include all components necessary for the "turn key" construction of the roadway and related improvements as shown in the plans for Project No. ST 03-01C. 1.6 EXPLANATION OF CONTRACT TIME: In the event the Contractor completes specified construction phase prior to the expiration of the designated time, the Owner will pay the Contractor incentive payments as specified in Item 20 of the Instructions to Bidders in the Contract Documents. 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, 4-4 Specific Project Requirements delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the incentive payment stated above, the Original Contract Time calendar days 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 calendar days 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 calendar days, 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 calendar days 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 calendar days so that such extended Original Contract Time calendar days, 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 calendar days, the Owner shall unilaterally determine the number of calendar days to extend the Original contract Time calendar days 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 calendar days. 4-5 Specific Project Requirements 2. The Contractor shall notify the Owner in writing, within 30 days after the final acceptance of the Contract by the Owner, that the Contractor elects to be paid the incentive payment which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgement of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the Owner, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor’s operations, extended or unabsorbed home office or job site overhead, 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 calendar days, or should the contractor, having timely completed the Contract and obtained final acceptance by the Owner prior to expiration of the Original Contract Time calendar days, 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 and/ or Phase 1, Phase 2, Phase 3 Construction Time. Should the Contractor fail to complete the Contract on or before the expiration of the Original Contract Time calendar days, 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 calendar days. 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 4-6 Specific Project Requirements in accordance with this provision. Any reference to “Substantially Complete” shall be interpreted to be complete with the Contract with no work remaining on the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 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. 1.9 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. 1.10 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 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 Owner does not alleviate the contractors' responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items. 1.11 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. 4-7 Specific Project Requirements 1.12 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 each payable to the Owner. If damage is occurring or is likely to continue, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under pay item to Furnish, Install and Maintain Traffic Control Devices. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. In preparing the traffic control plan, the contractor shall take into account that the project will be constructed in multiple phases. The contractor shall be responsible for placing notices on private residences prior to the beginning of each phase that shows revised traffic patterns. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been fully and finally accepted by the Owner. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, 4-8 Specific Project Requirements lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental to pay item I-48 – Traffic Control. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site, the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of 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. 4-9 Specific Project Requirements 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 acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction of the various improvements shall be removed from the property by the Contractor. Any required burning and/or disposal permits shall be the sole responsibility of the Contractor. All excavated materials in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner by the Contractor. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4-10 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information that is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4-11 Specific Project Requirements 4. Conformance with specifications. C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with Engineer's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the contractor requires, plus two that will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier c. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on re-submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a\coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection 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: 4-12 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. SECTION 5 DESCRIPTION OF PAY ITEMS 5-2 Description of Pay Items SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the CONTRACTOR can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, with the exception of the new sign paid under various Bid Items, (b) removal of spoils, (c) water for construction, (d) surveying to re-establish grade, (d) maintenance of streets during construction, (e) sprinkling for dust control, (f) project trailer if needed, (g) Construction Staking, (h) any other incidentals necessary to complete the work. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, unless modified by these Special Provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord. #2006-1129), and Appendix ‘C’ Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 2.1. Pay Items #101 Mobilization (Max 5% of Contract): This pay item shall consist of actual cost: a. Bonds and insurance b. Transportation and setup for equipment c. Transportation and/or erection of all field offices, sheds and storage facilities d. Salaries for preparation of submittals required before the first payment request e. Salaries for field personnel assigned to the project related to the mobilization of the project f. Mobilization may not exceed 5 percent of the total contract amount g. Cost for mobilization may be submitted only for work completed. Note: The total amount bid for Mobilization shall not exceed five percent (5%) of the Base Bid (A) amount, exclusive of this pay item (adjusted contract amount). Measurement and Payment shall be as follows: Ten percent (10%) of the amount bid shall be paid with the first pay estimate following mobilization. On all subsequent pay estimates, payment shall be prorated on the basis of the value of the adjusted contract amount 5-3 Description of Pay Items completed. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned, 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid. Payment for the remaining 10% of the lump sum bid for mobilization, less retainage, will be paid on the next monthly estimate following the 90% payment. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.2. Pay Item #102 Traffic Control: This pay item shall consist of the placement of the required traffic control devices in accordance with the approved traffic control plan and the 2009 Edition of the TMUTCD. The contractor shall also be required to maintain a changeable message board at each end of the construction area, in working order, for the duration of the project. These locations will be near the following intersections: North side of Bethel Road and Coppell Road North; West side of Bethel Road and Freeport Parkway; East side Bethel Road and Armstrong Blvd; East side of Coppell Road North and Ruby Road. The Contractor shall submit a traffic control plan to be approved by the Owner. The Contractor shall not proceed with the implementation of the traffic control plan until notified by the Owner that the plan has been approved. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for preparing traffic control plan, placing and maintaining barricades and signs and for furnishing all other materials, tools, street markings, changeable message boards, flagmen, equipment, labor, and any other incidentals necessary to implement the traffic control plan and maintain one-way traffic, except where shown, during construction of the project. Payment for this item shall begin on the first payable monthly construction estimate after barricades, signs and traffic handling devices have been installed in accordance with the traffic control plan. Monthly payment based on the calendar days bid shall be made each succeeding month for this item provided the barricades, signs and traffic handling devices have been installed and maintained in accordance with the traffic control plan until the contract amount has been paid. Failure to complete the scheduled work in the bid time will not increase this pay item. 2.3. Pay Items #103 Prep of ROW, Including Tree Removal: This pay item shall consist of the preparation of the existing right-of-way for construction as required by the plans and specifications. It will include the area between the right-of- way limits, additional areas beyond the right-of-way such as temporary construction, slope, and drainage easements, drainage channel, and any other easements shown on the plans. Work shall be in accordance with NCTCOG Item 203 and shall include, but not be limited to: all obstructions above ground or below such as trees, shrubs, stumps, brush, roots, vegetation, logs, trash concrete, asphalt, fences, structures, foundations, lumber, scrap metal, abandoned appliances, abandoned utility pipes or conduits and any other items not included as pay items elsewhere in the contract documents, or identified in NCTCOG Section 203.3, but necessary for the preparation of the rights-of-way and/or permanent or 5-4 Description of Pay Items temporary easements for construction. This item shall also include the protection of any trees, shrubs, fences, structures, signs or other items that are to be preserved and/or relocated as shown on the plans. All trees designated to be preserved shall be protected by fencing to the limits of the canopy and no parking, driving or moving of equipment in this area will be permitted. If pruning of protected trees is required, they shall be trimmed as directed by the Engineer and any cuts of two inches or more in diameter shall be treated as directed by the Engineer. All material and debris removed as described above shall become the property of the Contractor and shall be disposed of at contractor’s expense in a manner satisfactory to the Engineer and other items identified in NCTCOG Section 203.3. All items relocated or replaced shall be in a condition equal to or better than the original condition. The Contractor shall videotape and/or photograph the existing right-of-way prior to construction. Payment shall be made on the basis of the price bid per station (STA). This item shall be measured along the centerline by the ‘100’ foot station basis regardless of the width of the right-of-way or easement. Payment shall not exceed 10% of total amount requested. Payment shall be total compensation for providing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. If this pay item exceeds 10% of the total project cost, exclusive of this pay item, then any amount over the 10% will not be paid until the final payment. 2.4. Pay Items #104 Prepare and Implement SWPPP: This pay item is subject to the Texas Commission on Environmental Quality (TCEQ) requirements for construction projects. Under the Texas Pollution Discharge Elimination System general construction permit (TXR 150000) an operator of a construction site that will disturb one (1) or more acres is required to obtain a permit for the discharge of storm water runoff. The contractor shall be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent to the TCEQ as part of the permit. Any rock filter dams, silt fencing, inlet protections, or other type of erosion control required are subsidiary to pay item #104. The SWPPP must describe and ensure the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and ensure compliance with the terms and conditions of the permit. A Texas Registered Professional Engineer must sign and seal the erosion control plan submitted as part of the SWPPP. The erosion control plan on Sheets ER-1 of the plans should not be considered as a final SWPPP. If used by the contractor, then it also must be signed and sealed by a Texas Registered Profession Engineer representing the contractor. The SWPPP shall be subject to approval by the Owner and must be retained on site during the term of the construction. The Contractor shall submit a Notice of Termination upon completion of the project. Contractor shall submit the plan on behalf of Contractor and Owner as joint operators on task. For silt fence requirements refer to NCTCOG Standard Drawings 1020A and 1020B. For inlet protection requirements refer to NCTCOG Standard Drawings 1120, 1130, 1140, and 1150. For rock filter dam requirements refer to NCTCOG Standard Drawings 1060A, and 1060B. The silt fence measurement is 630 linear feet (LF) and is supplied for bidding purposes only. The inlet protection measurement is 19 each (EA) and is supplied for bidding purposes only. The rock filter 5-5 Description of Pay Items check dam measurement is 37 square yards (SY) and is supplied for bidding purposes only. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWPPP. This includes any necessary revisions to the erosion control plan throughout the term of construction and the installation, sequencing, and maintenance of structural control measures throughout the term of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work and payment shall be prorated throughout the term of construction based on the calendar days. Failure to complete the scheduled work in the bid time will not increase this pay item. 2.5. Pay Items #105 Project Signs: This pay item shall consist of the installation of a project sign on each end of the project. The sign shall be constructed in accordance with the details found in Section 6 of the Specifications. The City will furnish the City logo for the sign. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work and maintaining sign throughout project. 2.6. Pay Items #106 Unclassified Excavation (Roadway and Channel): This pay item shall consist of the roadway and channel excavation of existing material in the areas shown on the plans and to the lines, grades and typical sections as specified. Excavation shall include all materials encountered regardless of their nature or of the manner in which they are removed. Work shall be in accordance with NCTCOG Items 203.4 and 203.5. This is a “ plans quantity ” measurement Item and the quantity to be paid for will only be that quantity shown in the proposal. Measurement shall be determined on the basis of the natural ground cross-section and the finished lines and grades as shown in the plans and computed by the method of average end areas from the project cross-section. Shrinkage or swelling factors will not be considered in determining the calculated quantities. Payment shall be made on the basis of the price bid per cubic yard (CY) in accordance with NCTCOG Items 203.4 and 203.5, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Any damage to existing improvements and/or property, including manholes, underground utilities, utility service lines, valves, valve boxes, etc. as a result of the CONTRACTOR’s performance of this work shall be repaired in a timely manner by the CONTRACTOR, at his sole expense. 2.7. Pay Items #107 Embankment (on site): This pay item shall consist of the roadway embankment of material in the areas shown on the plans and to the lines, grades and typical sections as specified. Work shall be in accordance with NCTCOG Item 203.7. The fill material shall be compacted in lifts of 5-6 Description of Pay Items loose depth not exceeding 8" and compaction shall not be less that 95% of the density as determined in accordance with test method ASTM D698. Hauling, placement, sprinkling, rolling, and obtaining final compaction are all considered as part of this fill item. Proctors will be taken on all fill materials before they are placed to check plasticity index and composition. The fill material for embankments shall be suitable and shall be classified as a Sandy Clay (SC) or a Lean Clay (CL) based on the Unified Soil Classification System. The material shall have a Plasticity Index (PI) between 8 and 35, or other such materials forming a stabilized embankment as approved by the engineer. No offsite fill material will be allowed without approval from the Owner. This is a “ plans quantity ” measurement Item and the quantity to be paid for will only be that quantity shown in the proposal. Measurement shall be determined on the basis of the natural ground cross-section and the finished lines and grades as shown in the plans and computed by the method of average end areas from the project cross-section. Shrinkage or swelling factors will not be considered in determining the calculated quantities. Payment shall be made on the basis of the price bid per cubic yard (CY) in accordance with NCTCOG Item 203.7, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Any damage to existing improvements and/or property, including manholes, underground utilities, utility service lines, valves, valve boxes, etc. as a result of the CONTRACTOR’s performance of this work shall be repaired in a timely manner by the CONTRACTOR, at his sole expense. 2.8. Pay Items #108 Remove and Dispose of Existing Asphalt Pavement: This pay item shall consist of the saw cut, removal, and disposal of the existing asphalt pavement to the limits as shown in the plans. Work shall be in accordance with NCTCOG Item 203. The roadway improvements shall be constructed in phases and the removal of the asphalt pavement shall be sequenced as necessary to maintain traffic during construction. Where only a portion of the asphalt is to be removed, the asphalt shall be saw cut full depth to avoid damage to that portion of the asphalt to remain in place. Contractor shall, at his expense, replace any pavement that he damages or removes that is required for the maintenance of traffic. The Contractor and the Owner’s representative shall measure the asphalt pavement prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. This item does not include the removal of any asphalt constructed for detours. It only includes removal of existing asphalt prior to construction beginning. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.9. Pay Items #109 Concrete Removal: This pay item shall consist of the saw cut, removal, and disposal of concrete sidewalks, driveways, curb and gutter, brick pavers, pavement, and riprap as designated and to the limits as shown in the plans. Work shall be in accordance with NCTCOG Item 203. Where 5-7 Description of Pay Items only a portion of the existing concrete is to be removed, the concrete shall be saw cut full depth and removed to the saw lines as shown in the plans. Removal of the concrete shall be accomplished leaving a clean vertical side. Damaged vertical sides shall be re-sawed, removed, and replaced at the Contractor’s expense. The limit of pay shall only be to the original saw line. The Contractor and the Owner’s representative shall measure the concrete items prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.10. Pay Items #110 Remove Existing Brick Pavers: This pay item shall consist of the removal of existing brick pavers as designated and to the limits as shown in the plans. Work shall be in accordance with NCTCOG Item 203. The limit of pay shall only be to the original limits of the brick pavers. The Contractor and the Owner’s representative shall measure the items prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the owner, and is responsible for locating a suitable site for temporary storage. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.11. Pay Items #111 Remove and Reset Existing Mailboxes: This pay item shall consist of the permanent relocation of existing mailboxes in the locations as shown in the plans. This pay item shall include any temporary relocation of mailbox assemblies and providing portable mailbox stands as required. The Contractor shall videotape and/or photograph each mailbox prior to starting construction. Each mailbox relocated shall match the existing mailbox condition to the extent possible. The Contractor may need to demolish the existing mailboxes and replace them with new mailboxes as directed by the Owner’s representative. Mail service must be maintained at all times. 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 including all needs/requirements to provide temporary mail service as needed at times during the construction. 2.12. Pay Items #112 Remove Concrete Box Culvert & Wingwalls: This pay item shall consist of the removal and disposal of the existing box culverts and wingwalls as shown in the plans. Attention must be paid to the specifications and conditions of nationwide permit 14. The Contractor and the Owner’s representative shall measure the existing box culvert prior to removal. The Contractor shall not stockpile 5-8 Description of Pay Items removal material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) along the centerline and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.13. Pay Items #113 Remove Existing Inlet Box: This pay item shall consist of the removal and disposal of the existing inlets as shown in the plans. The Contractor shall not stockpile removal material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of price bid per each (EA) inlet removed and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.14. Pay Items #114 Adjust Existing Sanitary Sewer Manhole to Grade: This pay item shall consist of adjusting existing sanitary sewer manholes, which are to remain in service, to grade. This item shall be full compensation for adjustment regardless of type of manholes, actual limit of adjustment, or method used to make adjustment. Vacuum Test and Television Inspections are considered subsidiary to installation. Records of the inspection shall be provided to the City. Measurement and Payment shall be made on the basis of price bid per each (EA) manhole rim adjusted to grade and shall be total compensation for furnishing all materials, tools, equipment, labor, testing, and any other incidentals necessary to complete the work. 2.15. Pay Items #115 Abandon Existing Water Line This work includes the abandonment of a portion of the existing 8” water line and other various sizes, between Cooper Lane and Bethel Road along Coppell Road and abandonment of the existing 16” water line and other various sizes, between Mitchell Street/Coppell Road and west of Penfolds Lane along Bethel Road as shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. The existing 8” and 16” water line shall be abandoned as follows: (a) After each section of the existing water line is taken out of service, the abandoned section shall be completely drained, including pumping water from the system, as necessary. (b) After draining of the lines to be abandoned, the lines will be filled with low strength grout. This shall include grout, clean up and maintenance, as a result of the grout filling, to equal or better condition and all other items required for installation. Contractor is responsible for all costs required to have utility companies repair any damage inflicted by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. (c) Any and all openings into the existing pipe will be closed by use of approved M.J. cast irons caps or plugs and blocking according to the plans, specifications and/or details governing such work. 5-9 Description of Pay Items (d) Existing valves may be used to close the existing system, but no open pipe shall extend outside the valve. (e) Valves stacks shall be removed and backfilled with soil. Measurement and Payment for work performed and materials furnished related to abandoning the existing water line, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.16. Pay Items #116 Abandon Existing Sewer Line This work includes the abandonment of a portion of the existing 8” sewer line and other various sizes, between Cooper Lane and Bethel Road along Coppell Road, as shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. The existing 8” sewer line shall be abandoned as follows: (a) After each section of the existing sewer line is taken out of service, the abandoned section shall be completely drained, including pumping water from the system, as necessary. (b) After draining of the lines to be abandoned, the lines will be filled with low strength grout. This shall include grout, clean up and maintenance, as a result of the grout filling, to equal or better condition and all other items required for installation. Contractor is responsible for all costs required to have utility companies repair any damage inflicted by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. (c) Any and all openings into the existing pipe will be plugged with Class “B” concrete. (d) Service connections shall be removed approximately 1 foot below service and plugged with Class “B” concrete. Measurement and Payment for work performed and materials furnished related to abandoning the existing sewer line, as provided herein, shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.17. Pay Items #117 8” Lime Subgrade Treatment: This pay item shall consist of treating the top 8" and the full width of subgrade by pulverization, addition of 42 LBS/SY of lime, mixing and compacting, and remixing and recompacting the top 6" of the mixed material to the required density. Full width shall be that distance from 1' behind the back of curb on each side of roadway where roadways are proposed. Subgrade shall be constructed to the lines and grades as required by the plans and specifications. Work shall be in compliance with NCTCOG Item 301.2. Measurement and Payment shall be made on the basis of price bid per square (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.18. Pay Items #118 Lime: This pay item shall consist of the hydrated lime required for the lime treatment of the top 8" and the full width of subgrade. Full width shall be that distance from 1' behind the back of 5-10 Description of Pay Items curb on each side of roadway where roadways are proposed. The lime shall be placed in a slurry form at the minimum rate of 42 LBS/SY. Work shall be in compliance with NCTCOG Items 301.2. Measurement and Payment shall be made on the basis of price bid per ton (TON) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.19. Pay Items #119 8” Reinforced Concrete Pavement with 6” Integral Curb This work includes the construction of the specified thickness of reinforced concrete pavement (including integral curb, where indicated) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for this project shall be Class “C” concrete with a minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. No fly ash will be permitted . The 6” integral curb, where indicated is subsidiary to this pay item, therefore, no separate payment will be made for the curb. All concrete, except for City approved “leave outs”, shall be placed with a self-propelled paving machine. The cost for furnishing and placing reinforcement is subsidiary to the price bid. CONTRACTOR shall pay close attention to NCTCOG Item 303.5.4.3 “Contraction Joints” regarding sawing of joints. In general, joints shall be sawed into the completed pavement surface as soon after initial concrete sets as possible so the some raveling of the green concrete is observed in order for the sawing process to prevent uncontrolled shrinkage cracking. Failure to perform the work in compliance with these requirements and those in Item 303.5.4.3 will subject the slab to rejection. All joints shall be spaced a maximum of 20 feet apart. All joints shall be sealed with silicone joint sealing prior to opening the road to traffic. Measurement and Payment for work performed and materials furnished related to the construction of reinforced concrete pavement of the specified thickness, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 303.9, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.20. Pay Items #120 8” Reinforced Stamped Concrete: This pay item shall consist of the furnishing and placing of stamped reinforced concrete pavement to the specified depth as shown on the plans. All concrete for construction shall be Class "C" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted . The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with City of Coppell stamped concrete ordinance 2002-979, City of Coppell standard detail 2185-1, manufacturer’s specifications, and NCTCOG Item 303. Color shall be Red Clay – Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal). Any gray stamped concrete shall be Gunmetal Gray - Bomanite 5-11 Description of Pay Items Integral Color with Cobblestone Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered after review of specifications and a test section that demonstrates the ability to match color and pattern. Measurement and Payment shall be made on the basis of price bid per square yard (SY) for the specified depth and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.21. Pay Items #121 6" Reinforced Concrete Driveways: This pay item shall consist of the construction of concrete driveways as shown on the plans. All concrete for construction shall be Class “C ” concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with NCTCOG Item 303. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.22. Pay Items #122 6” Reinforced Stamped Concrete: This pay item shall consist of the furnishing and placing of stamped reinforced concrete pavement to the specified depth as shown on the plans. All concrete for construction shall be Class "C" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted . The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with City of Coppell stamped concrete ordinance 2002-979, City of Coppell standard detail 2190, manufacturer’s specifications, and NCTCOG Item 303. Color shall be Red Clay – Bomanite Integral Color with Bomanite Natural Gray Release (or an approved equal). Any gray stamped concrete shall be Gunmetal Gray - Bomanite Integral Color with Cobblestone Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered after review of specifications and a test section that demonstrates the ability to match color and pattern. Measurement and Payment shall be made on the basis of price bid per square yard (SY) for the specified depth and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.23. Pay Items #123 2” HMAC Driveway Pavement This pay item shall consist of the construction of HMAC driveways and driveway transitions as shown in the plans. The driveway shall be 2" thick HMAC surface course, Type "D", on a 4" thick flexible base. The flexible base shall be Grade 2 and include compaction of the subgrade under the driveway. Work shall be in compliance with the NCTCOG Items 301.5 and 302. 5-12 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.24. Pay Items #124 Gravel Driveway (6” Aggregate and Geotextile) This pay item shall consist of the construction of gravel driveways as shown in the plans. The driveway shall be 6" thick flexible base. The flexible base shall be Grade 2 and includes compaction of the subgrade under the driveway and installation of a geotextile fabric between the subgrade and the gravel surface course. Work shall be in compliance with the NCTCOG Item 301.5. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.25. Pay Items #125 4” Reinforced Concrete Sidewalk: This pay item shall consist of the construction of a concrete sidewalk in the locations as shown in the plans. All concrete for construction shall be Class “A” having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in non-compliance shall be removed and brought to compliance at the Contractor’s expense. Sidewalk work shall be in compliance with the City of Coppell Standard Construction Details (2170). Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.26. Pay Items #126 6” Reinforced Concrete Sidewalk: This pay item shall consist of the construction of an 8’ concrete sidewalk in the locations as shown in the plans. All concrete for construction shall be Class “A” having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in non-compliance shall be removed and brought to compliance at the Contractor’s expense. Sidewalk work shall be in compliance with the City of Coppell Standard Construction Details (2170). Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-13 Description of Pay Items 2.27. Pay Items #127-128 Barrier Free Ramps: This pay item shall consist of the construction of Type I and II barrier free ramps in the locations as shown in the plans. All barrier free ramp construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any barrier free ramp found to be in non-compliance shall be removed and brought to compliance at the Contractor’s expense. Work shall be in compliance with the details specified in the plans. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.28. Pay Items #129 Type III Barrier Free Ramps: This pay item shall consist of the construction of Type 2185-1 barrier free ramps in the locations as shown in the plans. All barrier free ramp construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any barrier free ramp found to be in non-compliance shall be removed and brought to compliance at the Contractor’s expense. Work shall be in compliance with City of Coppell Standard Construction Details (2185- 1,2). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.29. Pay Items #130 Crushed Stone for Temporary Access Drives: This pay item shall consist of the construction of temporary gravel driveways for all driveways during construction. The driveway shall be 6" thick flexible base. The flexible base shall be Grade 2 and includes compaction of the subgrade under the driveway in compliance with the NCTCOG Item 301.5. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.30. Pay Items #131 Temporary Pavement for Traffic Control (2” HMAC on 6” Agg Base): This pay item shall consist of the construction of temporary HMAC pavement in the locations shown in the plans. The temporary pavement shall be 2" thick HMAC surface course, Type "D", on a 6" thick flexible base Grade 2. This item includes compaction of the subgrade and shall be in compliance with the NCTCOG Items 301.5 and 302. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor; maintenance; final removal; and any other incidentals necessary to complete the work. 5-14 Description of Pay Items 2.31. Pay Items #132-134 Raised Pavement Markers: This work includes the placement and installation of all reflectorized 3M Series 290 traffic buttons (raised pavement markers) for traffic delineation, as shown in the construction plans, or as determined by the Engineer, in accordance with City of Coppell standard details, specifications and the latest version of Texas MUTCD guidelines. Surface preparation, will not be paid for directly but shall be considered subsidiary to this pay item. This work also includes the removal (and replacement, if necessary) of any existing buttons that are not in alignment or sequence. Manufacturer’s recommendations for use of the epoxy and/or bituminous adhesive shall be carefully followed. Measurement and Payment for traffic button work performed and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per each (EA) for the various types and sizes and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.32. Pay Items #135-136 Pavement Markings: This pay item shall consist of the placement and installation of various stop bars, lane striping or any other unit in the color, width and thickness as shown on the plans. New Portland-cement-concrete surfaces shall be cleaned to remove curing membrane, dirt, grease, loose and/or flaking existing construction markings and other forms of contamination. Pavement to which material is to be applied shall be completely dry. Work shall be in compliance in accordance with the City of Coppell standard details and the latest Texas MUTCD guidelines. Pavement marking material shall be in accordance with City standards as outlined in the appropriate plans and details. Measurement and payment for striping shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.33. Pay Items #137 Pavement Markings Symbols: This pay item shall consist of the placement and installation of various words, arrows, handicap symbols or any other unit in the color, width and thickness as shown on the plans. New Portland-cement-concrete surfaces shall be cleaned to remove curing membrane, dirt, grease, loose and/or flaking existing construction markings and other forms of contamination. Pavement to which material is to be applied shall be completely dry. Work shall be in compliance in accordance with the City of Coppell standard details and the latest Texas MUTCD guidelines. Pavement marking material shall be in accordance with City standards as outlined in the appropriate plans and details. Measurement and payment for striping 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. 5-15 Description of Pay Items 2.34. Pay Items #138 Roadside Sign Assembly (New Installation): This pay item shall consist of the furnishing, fabrication, galvanizing and erection of supports; for constructing concrete foundations; for furnishing complete signs including sign connections and all hardware; for attaching the signs to the supports; and for washing and cleaning the signs. All signs shall be manufactured and mounted in accordance with City of Coppell standards and Texas MUTCD guidelines. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.35. Pay Items #139 Roadside Sign (New Installation with street name blade): This pay item shall consist of the furnishing, fabrication and installation of roadside signs including street name blades. All signs shall be manufactured and mounted in accordance with City of Coppell standards and Texas MUTCD guidelines. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work 2.36. Pay Items #140 Hydromulch Seeding This pay item shall consist of the furnishing and seeding on all disturbed areas in and around culvert construction on Coppell Road. Work shall be in compliance with NCTCOG Item 202.6. Payment shall be made on the basis of the price bid per lump sum (LS) in accordance with NCTCOG Item 202.6, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. The “ plans quantity ” measurement is 1,162 square yards (SY) and is supplied for bidding purposes only. 2.37. Pay Item #141 Furnishing and Placing Topsoil (4”) This pay item shall consist of the furnishing and placing 4” Topsoil as directed in the plans. Work shall be in compliance with NCTCOG Item 202.2. Payment shall be made on the basis of the price bid per lump sum (LS) in accordance with NCTCOG Item 202.2, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. The “ plans quantity ” measurement is 10,822 square yards (SY) and is supplied for bidding purposes only. 2.38. Pay Items #142-147 Class III RCP: This pay item shall consist of the installation of ASTM C-76 Class III precast reinforced concrete pipe storm drain pipe at the locations and to the grades shown on the plans (sizes 18”, 21”, 24", 30", 36" and 42”). RAM-NEK joint sealant material shall be used for all 5-16 Description of Pay Items joints. All fittings and bends shall be prefabricated. Work shall be constructed in accordance with the City of Coppell Standard Construct Details (6090). Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.39. Pay Item #148 Trench Safety Protection for Storm Drain Lines: This pay item shall consist of the trench safety system required for construction activities. The Contractor shall furnish a site-specific trench safety plan prior to construction. The system shall meet the requirements of the Occupational Safety and Health Administration (OSHA). The Contractor is directed to become knowledgeable with the standards as set forth by OSHA and to provide a viable trench safety system at all times during construction activities, and the Contractor is responsible for conforming to such regulations as prescribed by OSHA standards. This pay item includes all additional excavation, backfill, pavement reconstruction and repair made necessary by the protection system. No separate payment shall be made for excavation protection made necessary due to the selection of an optional design or sequence of work that creates the need for the protection system. The trench safety plan shall be signed and sealed by a Texas Registered Professional Engineer. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.40. Pay Items #149-151 Curb Inlets (Standard and Recessed): This pay item shall consist of the construction of standard and recessed curb inlets at the locations and grades shown in the plans (sizes 5’ and 10'). Work shall be in compliance with the City of Coppell Standard Construction Details (6020 and 6030). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. 2.41. Pay Items #152-153 Drop Inlets: This pay item shall consist of the construction of drop inlets at the locations and grades shown in the plans (sizes 2’x2’ and 4’x4’). Work shall be in compliance with the City of Coppell Standard Construction Details (6040). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. 5-17 Description of Pay Items 2.42. Pay Items #154-155 Storm Drain Manhole: This pay item shall consist of the construction of square storm drain manholes at the locations, sizes and to the grades shown in the plans. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Details (6010). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.43. Pay Item #156-157 Gabion Structures (Bedding and Geotextile Included): This pay item shall consist of the furnishing and installation of gabion baskets and mattresses in the locations as shown in the plans. Contractor required to supply and install gabion, wiring, bedding, geotextiles and all materials as shown in the technical specifications provided in Section 6, 02767 Gabions. Measurement and Payment shall be made on the basis of price bid per cubic yard (CY) for gabion structures. Payment shall be full compensation for installation of all materials, and for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.44. Pay Items #158 Wingwall (PW)(H=12): This pay item shall consist of the installation of a cast-in place concrete parallel wingwall on each end of the five-barrel 10’ x 8’ concrete box culvert in the location and to the grades as shown in the plans. Backfilling around the wingwall is subsidiary to wingwall installation. Work shall be in compliance with TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, 2004 Edition. Attention must be paid to the specifications and conditions of Nationwide Permit 14. Care of water during construction will be subsidiary to the price bid and shall be in compliance with Specification 02402. Measurement and Payment shall be on the basis of price bid per each (EA) and shall be total compensation for furnishing, hauling and mixing all concrete materials; for furnishing and placing the required reinforcement; for placing, finishing and curing all concrete; for all grouting and pointing; for furnishing and placing expansion-joint material required; for connections to existing structures, dewatering, and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. 2.45. Pay Item #159 Cast-In-Place Reinforced Concrete Box Culvert, 10’x8’: This pay item shall consist of the installation of a cast-in-place four-barrel 10’ x 8’ concrete box culvert to the grades as shown in the plans. Backfilling around the box culvert is subsidiary to box installation. Work shall be in compliance with TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, 2004 Edition, Item 462- 2032 (MC-10-7 and MC-MD). Attention must be paid to the specifications and conditions of Nationwide Permit 14. Care of water during construction will be subsidiary to the price bid and shall be in compliance with Specification 02402. 5-18 Description of Pay Items Measurement and Payment shall be on the basis of price bid per linear foot (LF) along the centerline of each barrel of 10’ x 8’ box culvert and shall be total compensation for furnishing, hauling and mixing all concrete materials; for furnishing and placing the required reinforcement; for placing, finishing and curing all concrete; for all grouting and pointing; for furnishing and placing expansion-joint material required; for connections to existing structures, dewatering, and for all forms and false work, labor, tools, equipment and incidentals necessary to complete the work. 2.46. Pay Items #160 16” C905 DR 18 PVC Water Line: This pay item shall consist of the installation of AWWA C905 (DR18) PVC water pipe at the locations and to the grades shown on the plans (sizes 16”). Work shall be in accordance with NCTCOG Items 501, 504, 505, 506 and City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, ductile iron fittings shown on the plans, thrust blocking, concrete anchors, flowable fill, concrete backfill, and pumping where necessary; trench excavation, and backfilling, including embedment material as specified, replacement of top soil, protecting or replacing existing structures or utilities, disinfection, pipeline signs, testing, disposal of surplus materials, cleaning up and maintenance, as result of the pipeline construction to equal or better condition. Contractor shall only use domestic fittings. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Cutting and plugging of existing pipe lines shall be performed as noted on plans and incidental to pipe line installation. Testing and disinfection in accordance with specifications is considered subsidiary to the price bid. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of fitting to center of fitting or end of pipe without any deduction for the length of intermediate fittings, specials or valves. and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment, testing and backfill. 2.47. Pay Items #161-162 8” and 12” C900 DR 14 PVC Water Line: This pay item shall consist of the installation of AWWA C900 (DR14) PVC water pipe at the locations and to the grades shown on the plans (sizes 8” and 12”). Work shall be in accordance with NCTCOG Items 501, 504, 505, 506 and City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, ductile iron fittings shown on the plans, thrust blocking, concrete anchors, flowable fill, concrete backfill, and pumping where necessary; trench excavation, and backfilling, including embedment material as specified, replacement of top soil, protecting or replacing existing structures or utilities, disinfection, pipeline signs, testing, disposal of surplus materials, cleaning up and maintenance, as result of the pipeline construction to equal or better condition. Contractor shall only use domestic fittings. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Cutting and plugging of 5-19 Description of Pay Items existing pipe lines shall be performed as noted on plans and incidental to pipe line installation. Testing and disinfection in accordance with specifications is considered subsidiary to the price bid. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of fitting to center of fitting or end of pipe without any deduction for the length of intermediate fittings, specials or valves. and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment, testing and backfill. 2.48. Pay Items #163 NOT USED 2.49. Pay Items #164 16” Gate Valves: This pay item shall consist of the installation of gate valves in the locations as shown in the plans. Work shall be in accordance with NCTCOG Item 502.6 and City of Coppell Standard Construction Details (4070). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.50. Pay Items #165-166 8” and 12” Gate Valves: This pay item shall consist of the installation of gate valves in the locations as shown in the plans. Work shall be in accordance with NCTCOG Item 502.6 and City of Coppell Standard Construction Details (4050). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.51. Pay Item #167 Remove and Salvage Fire Hydrant This pay item shall consist of removing and delivering existing fire hydrants to the City of Coppell Department of Public Works or as directed by Owner’s Representative. Measurement and Payment shall be made on the basis of price bid per each (EA) water meter removed and shall be total compensation for furnishing all materials, tools, equipment, labor, delivery to final destination and any other incidentals necessary to complete the work. 2.52. Pay Item #168 Install New Fire Hydrant and Valve Assembly: This pay item shall consist of placement of new fire hydrants outside of the proposed pavement. Any installation of fire hydrants shall be made per City of Coppell Standard Construction Details (4120). This item shall include all necessary pipe, fittings, 6” gate valve, blocking, and other appurtenances necessary to install the fire hydrants. 5-20 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per each (EA) fire hydrant installed and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.53. Pay Items #169 1” Water Service: This pay item shall consist of the installation of a 1" service in the locations as shown in the plans. This work shall include, but is not limited to, a corporation stop and valve, 1" Type K copper water line, ball valve, meter can, meter setter, and connection to existing water service. Work shall be in compliance with the City of Coppell Standard Construction Details (4140). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.54. Pay Items #170 NOT USED 2.55. Pay Item #171 2” Irrigation Service -- With Meter This work includes the installation of new domestic water services, meters, meter cans and setters in multiple locations along the project where dictated by the layout of the proposed improvements, as shown on the construction plans or as determined by the Engineer. These installations shall be in accordance with the City of Coppell Standard Construction Details (4155). All service lines shall be continuous copper from the water main to the meter (no splices). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.56. Pay Item #172 Flowable Fill- Waterline This pay item shall consist of the installation of flowable fill backfill in accordance with NCTCOG Item 504.2.3.4 as indicated in the plans. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.57. Pay Item #173 Trench Safety Protection for Water Lines: This pay item shall consist of the trench safety system required for construction activities. The Contractor shall furnish a site-specific trench safety plan prior to construction. The system shall meet the requirements of the Occupational Safety and Health Administration (OSHA). The Contractor is directed to become knowledgeable with the standards as set forth by OSHA and to provide a viable trench safety system at all times during construction activities, and the Contractor is responsible for conforming to such regulations as prescribed by OSHA standards. This pay item includes all additional excavation, backfill, 5-21 Description of Pay Items pavement reconstruction and repair made necessary by the protection system. No separate payment shall be made for excavation protection made necessary due to the selection of an optional design or sequence of work that creates the need for the protection system. The trench safety plan shall be signed and sealed by a Texas Registered Professional Engineer. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.58. Pay Items #174-175 8” and 6” PVC Wastewater Pipe (SDR-35): This pay item shall consist of the installation of ASTM D3034 SDR-35 PVC sanitary sewer pipe at the locations and to the grades shown on the plans (8” and 6”). Work shall be in accordance with NCTCOG Items 501, 504, 505, 507 and City of Coppell Standard Construction Details. Payment shall include furnishing, hauling and laying of pipe shown on the plans, trench excavation, and backfilling, including embedment material as specified, replacement of top soil, protecting or replacing existing structures or utilities, mandrel pulling, pipeline signs, testing, disposal of surplus materials, cleaning up and maintenance, fence removal and replacement, as result of the pipeline construction to equal or better condition. Payment shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities. Payment for the pipe lines shall include all costs required to have utility companies repair any damage inflicted to their lines by the Contractor and any cleanup, property damages, fines, etc. resulting from damage inflicted to any utility line by the Contractor. Removal and disposal of existing pipe and manholes in same trench shall be incidental to pipe line installation. Testing and television inspection in accordance with specifications is considered subsidiary to the price bid. Records of the inspection shall be provided to the City. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) measured horizontally from center of manhole to center of manhole or cleanout without any deduction for the length of pipe through manholes and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment, testing, and backfill. 2.59. Pay Item #176 Sanitary Sewer Manhole: This pay item shall consist of the construction of sanitary sewer manholes at the locations and to the grades shown in the plans (4’ diameter). Work shall be in compliance with the City of Coppell Standard Construction Details (5020). Vacuum Test and Television Inspections are considered subsidiary to installation. Records of the inspection shall be provided to the City. 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, testing, and any other incidentals necessary to complete the work. 5-22 Description of Pay Items 2.60. Pay Item #177 Remove Existing Sanitary Sewer Manhole: This pay item shall consist of the removal of existing sanitary sewer manholes at the locations shown in the plans. Work shall be in compliance with NCTCOG standards. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.61. Pay Item #178 Abandon Sanitary Sewer Manhole: This pay item shall consist of the abandonment of sanitary sewer manholes at the locations and to the grades shown in the plans. Work shall be in compliance with the City of Coppell Standard Construction Details (5150). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.62. Pay Items #179-180 Install New 4” Sewer Service Long and Short Side Crossing This work includes the installation of new 4” sewer services and sewer cleanouts in multiple locations along the project where dictated by the layout of the proposed improvements, as shown on the construction plans or as determined by the Engineer. These installations shall be in accordance with the appropriate details and specifications. No separate pay will be allowed for repairing damage to existing services and utility lines due to construction on this project, unless approved otherwise by the Engineer. The cost to repair such damage shall be the sole responsibility of the CONTRACTOR. Measurement and Payment for work performed and materials furnished related to the installation of sewer services and sewer cleanouts, as provided herein, shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.63. Pay Item #181 Trench Safety & Support - Sewer Lines: This pay item shall consist of the trench safety system required for construction activities. The Contractor shall furnish a site-specific trench safety plan prior to construction. The system shall meet the requirements of the Occupational Safety and Health Administration (OSHA). The Contractor is directed to become knowledgeable with the standards as set forth by OSHA and to provide a viable trench safety system at all times during construction activities, and the Contractor is responsible for conforming to such regulations as prescribed by OSHA standards. This pay item includes all additional excavation, backfill, pavement reconstruction and repair made necessary by the protection system. No separate payment shall be made for excavation protection made necessary due to the selection of an optional design or sequence of work that creates the need for the protection system. The trench safety plan shall be signed and sealed by a Texas Registered Professional Engineer. 5-23 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.64. Pay Item #182 Flowable Fill- Sewer This pay item shall consist of the installation of flowable fill backfill in accordance with NCTCOG Item 504.2.3.4 as indicated in the plans. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.65. Pay Item #183 Banner Pole This pay item shall consist of the furnishing and installation of culvert railing banner poles in the location as shown in the plans. Contractor required to supply and install banner poles, arms, and finial manufactured by “Antique Street Lamps” as specified in the plans. Measurement and Payment shall be made on the basis of price bid per each (EA) for culvert railing banner poles and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.66. Pay Item #184 Decorative Railing at Culverts This pay item shall consist of all materials and work necessary to complete the construction of the decorative concrete railings on the culvert headwalls in the location as shown in the plans. Railing shall include a protective coating which is subsidiary to the cost of constructing the railing. The railings shall be installed in accordance with the details in the plans and with NCTCOG Items 702. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.67. Pay Item #185 TxDOT Electrical Service This pay item shall consist of furnishing and installation of conduits, poles and other necessary equipment for providing metered service in the location as shown in the plans. Contractor required to supply and install electrical service equipment as specified in the drawings and the TxDOT electrical detail sheets ED (1) -03, ED (2)-03, ED (4)-03, ED (5)- 03, ED (6)-03, ED (7)-03, and ED (8)-03. Measurement and Payment shall be made on the basis of price bid per each (EA) for TxDOT Electrical Service. Payment shall be full compensation for installation of all materials, and for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-24 Description of Pay Items 2.68. Pay Item #186 Street Light Pole Base Foundation “A1” This pay item shall consist of the installation of street light pole base foundations as shown in the plans. Pole base foundation work shall include cast-in-place concrete, rebar, copper ground wire, and associated conduit cast with foundation and extending to 2’-0” beyond foundation perimeter. The foundation shall be constructed per the pole base detail as shown in the plans. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.69. Pay Item #187 2” SCH 40 PVC Conduit This pay item shall consist of the installation of a 2” PVC underground conduit as shown in the plans and in accordance with City of Coppell standard detail 3095. All conduit shall include mule tape with tracer wire. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.70. Pay Item #188 NOT USED 2.71. Pay Item #189 #8 Conductor This pay item shall consist of the installation of a #8 copper wire Conductor as shown in the plans and in accordance with City of Coppell standard detail 3095. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work 2.72. Pay Item #190 Street Light / Fiber Optic Pullbox This pay item shall consist of the installation of street light pull boxes as shown in the plans. Work shall include the procurement and installation of the pull box. Pull box size, material, and rating shall match those detailed in the plans. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.73. Pay Item #191 Cedar Elm This pay item shall consist of the planting of trees and shrubs/grasses in accordance with the detail as shown in the plans and Landscape Planting Specification 32 90 00. 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 5-25 Description of Pay Items 2.74. Pay Item #192 Tree Protection This pay item shall consist of the furnishing and placing of tree protection to the specified locations shown on the plans. Work shall be in compliance with NCTCOG Item 203, Specification 02231, and manufacturer’s specifications. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.75. Pay Item #193 Block Sod This pay item shall consist of the furnishing and planting grass on all disturbed areas within the project limits up to ROW. Work shall be in compliance with NCTCOG Item 202.5. Payment shall be made on the basis of the price bid per lump sum (LS) in accordance with NCTCOG Item 202.5, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. The “ plans quantity ” measurement is 9,660 square yards (SY) and is supplied for bidding purposes only. 2.76. Pay Item #194 36” Deep Dual-Purpose Root and Water Barrier This pay item shall consist of furnishing and installation of a 36” deep dual purpose root and water barrier in accordance with the detail as shown in the plans and Landscape Planting Specification 32 90 00. 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. SECTION 6 TECHNICAL SPECIFICATIONS This document is released for the purpose of interim review under the authority of Alan D. Hendrix, P.E. Texas #69798 on 8/12/14. It is not to be used for construction, bidding or permit purposes. 6-2 Technical Specifications CPL03243 Bethel Road Infrastructure Improvements – Phase III 02231 TREE PROTECTION AND TRIMMING 1.00 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Con- ditions and Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the protection and trimming of existing trees that interfere with, or are affected by, execution of the Work, whether temporary or permanent construction. B. Related Sections include the following: 1. Division 1 Section "Summary" for limits placed on Contractor's use of the site. 2. Division 1 Section "Temporary Facilities and Controls" for temporary tree protection. 3. Division 2 Section "Site Clearing" for removal limits of trees, shrubs, and other plantings affected by new construction. 4. Division 2 Section "Earthwork" for building and utility trench excavation, backfilling, com- pacting and grading requirements, and soil materials. 5. Division 2 Section "Tree Planting" for tree planting, tree support systems, and soil materi- als. 1.03 DEFINITIONS A. Tree Protection Zone: Area surrounding individual trees or groups of trees to remain during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. 1.04 SUBMITTALS A. Tree Pruning Schedule: Written schedule from arborist detailing scope and extent of pruning of trees to remain that interfere with or are affected by construction. B. Qualification Data: For tree service firm and arborist. C. Certification: From arborist, certifying that trees indicated to remain have been protected dur- ing construction according to recognized standards and that trees were promptly and properly treated and repaired when damaged. D. Maintenance Recommendations: From arborist, for care and protection of trees affected by construction during and after completing the Work. 1.05 QUALITY ASSURANCE A. Tree Service Firm Qualifications: An experienced tree service firm that has successfully completed tree protection and trimming work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site during execution of tree protection and trimming. B. Arborist Qualifications: An arborist certified by ISA or licensed in the jurisdiction where Pro- ject is located. 6-3 CPL03243 Bethel Road Infrastructure Improvements – Phase III C. Tree Pruning Standard: Comply with ANSI A300 (Part 1), "Tree, Shrub, and Other Woody Plant Maintenance--Standard Practices (Pruning)." D. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." 1. Before tree protection and trimming operations begin, meet with representatives of au- thorities having jurisdiction, Owner, Landscape Architect, consultants, and other con- cerned entities to review tree protection and trimming procedures and responsibilities. 2.00 PRODUCTS 2.01 MATERIALS A. Drainage Fill: Selected crushed stone, or crushed or uncrushed gravel, washed, ASTM D 448, Size 24, with 90 to 100 percent passing a 2-1/2-inch (63-mm) sieve and not more than 10 percent passing a 3/4-inch (19-mm) sieve. B. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than un- derlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 1 inch in diameter; and 100% free of weeds, roots, and toxic materials. 1. Obtain topsoil only from certified landscape materials providers, An acceptable provider is Silver Creek Materials, Inc. or approved equal - product; Premium Soil Mix . C. Filter Fabric: Manufacturer's standard, nonwoven, pervious, geotextile fabric of polypropyl- ene, nylon, or polyester fibers. D. Chain-Link Fence: Metallic-coated steel chain-link fence fabric of 0.12-inch- (3-mm-) diame- ter wire; a minimum of 48 inches (1200 mm) high; with 1.9-inch- (48-mm-) diameter line posts; 2-3/8-inch- (60-mm-) diameter terminal and corner posts; 1-5/8-inch- (41-mm-) diame- ter top rail; and 0.177-inch- (4.5-mm-) diameter bottom tension wire; with tie wires, hog ring ties, and other accessories for a complete fence system. E. Organic Mulch: Premium native shredded cedar hardwood, free of deleterious materials. 3.00 EXECUTION 3.01 PREPARATION A. Temporary Fencing: Install temporary fencing around tree protection zones to protect re- maining trees and vegetation from construction damage. Maintain temporary fence and re- move when construction is complete. 1. Install chain-link fence according to ASTM F 567 and manufacturer's written instructions. B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. C. Mulch areas inside tree protection zones and within drip line of trees to remain and other are- as indicated. 1. Apply 3-inch average thickness of organic mulch. Do not place mulch within 6 inches of tree trunks. 6-4 CPL03243 Bethel Road Infrastructure Improvements – Phase III D. Do not store construction materials, debris, or excavated material inside tree protection zones. Do not permit vehicles or foot traffic within tree protection zones; prevent soil com- paction over root systems. E. Maintain tree protection zones free of weeds and trash. F. Do not allow fires within tree protection zones. 3.02 EXCAVATION A. Install shoring or other protective support systems to minimize sloping or benching of excava- tions. B. Do not excavate within tree protection zones, unless otherwise indicated. C. Where excavation for new construction is required within tree protection zones, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. 1. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redi- rection is not practical, cut roots approximately 3 inches (75 mm) back from new con- struction. 2. Do not allow exposed roots to dry out before placing permanent backfill. Provide tempo- rary earth cover or pack with premium mulch and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. D. Where utility trenches are required within tree protection zones, tunnel under or around roots by drilling, auger boring, pipe jacking, or digging by hand. 1. Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots that inter- fere with installation of utilities. Cut roots with sharp pruning instruments; do not break or chop. 3.03 REGRADING A. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist, unless otherwise indicated. 1. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main lateral roots or taproots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop. B. Minor Fill: Where existing grade is 6 inches (150 mm) or less below elevation of finish grade, fill with topsoil. Place topsoil in a single uncom pacted layer and hand grade to required finish elevations. C. Moderate Fill: Where existing grade is more than 6 inches (150 mm) but less than 12 inches (300 mm) below elevation of finish grade, place drainage fill, filter fabric, and topsoil on exist- ing grade as follows: 1. Carefully place drainage fill against tree trunk approximately 2 inches (50 mm) above el- evation of finish grade and extend not less than 18 inches (450 mm) from tree trunk on all sides. For balance of area within drip-line perimeter, place drainage fill up to 6 inches (150 mm) below elevation of grade. 2. Place filter fabric with edges overlapping 6 inches (150 mm) minimum. 6-5 CPL03243 Bethel Road Infrastructure Improvements – Phase III 3. Place fill layer of topsoil to finish grade. Do not compact drainage fill or topsoil. Hand grade to required finish elevations. 3.04 TREE PRUNING A. Prune trees to remain to compensate for root loss caused by damaging or cutting root sys- tem. Provide subsequent maintenance during Contract period as recommended by arborist. 1. Pruning Standards: Prune trees according to ANSI A300 (Part 1). B. Cut branches with sharp pruning instruments; do not break or chop. C. Chip removed tree branches and remove from site. . 3.05 TREE REPAIR AND REPLACEMENT A. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs, and roots according to arborist's written instructions. B. Remove and replace trees indicated to remain that die or are damaged during construction operations that arborist determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced; plant and maintain as specified in Division 2 Section "Exterior Plants." 2. Provide new trees of 6-inch (150-mm) caliper size and of a species selected by Land- scape Architect when damaged trees more than 6 inches (150 mm) in caliper size, measured 12 inches (300 mm) above grade, are required to be replaced. Plant and maintain new trees as specified in Division 2 Section "Tree Planting." C. Aerate surface soil, compacted during construction, 10 feet (3 m) beyond drip line and no closer than 36 inches (900 mm) to tree trunk. Drill 2-inch- (50-mm-) diameter holes a mini- mum of 12 inches (300 mm) deep at 24 inches (600 mm) o.c. Backfill holes with an equal mix of augered soil and sand. 3.06 DISPOSAL OF WASTE MATERIALS A. Burning is not permitted. B. Disposal: Remove excess excavated material and displaced trees from Owner's property. END OF SECTION 6-6 Care of Water During Construction 02402-1 CPL03243 – Bethel Road Infrastructure Improvements – Phase III 02402 CARE OF WATER DURING CONSTRUCTION 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to operate pumps, piping and other facilities to assist in the removal of surface water and ground water, and provide protection from flood waters. Build and maintain the necessary temporary impounding works, channels, and diversions. Remove the temporary works, equipment, and materials after completion in strict accordance with this section of the specifications and the applicable drawings. 1.02 QUALITY ASSURANCE 1.03 SUBMITTALS Submittals shall be in accordance with Section 4, SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES and shall include: A. Plans and procedures for handling flood flows and dewatering excavations. A separate plan shall be required for the bridge and the culverts. Modifications to these plans shall be submitted for approval by the Engineer. Approval of submittals does not relieve the Contractor of full responsibility and liability for care of water during construction. 1.04 STANDARDS [Not Used] 1.05 DELIVERY AND STORAGE [Not Used] 1.06 JOB CONDITIONS [Not Used] 1.07 OPTIONS [Not Used] 1.08 GUARANTEES [Not Used] 2.00 PRODUCTS [NOT USED] 3.00 EXECUTION 3.01 PREPARATION [Not Used] 3.02 FLOOD FLOWS AND OTHER WATER The Contractor is responsible for handling and diverting any flood flows, stream flows, or any other water, including groundwater encountered during the progress of the work. Build, maintain, and operate cofferdams, channels, flumes, sumps, and other temporary works as needed to pass floodwater or divert stream flow or pass other surface water through or around the construction site and away from construction work while it is in progress. Unless otherwise approved by the Owner, a diversion must discharge into the same natural watercourse in which its headworks are located. Construct permanent work in areas free from water. Full responsibility for the successful dewatering of the work areas rests with the Contractor. Remove protective works, after they have served their purpose, in a manner satisfactory to the Owner or his representative. 3.03 DEWATERING EXCAVATED AND OTHER FOUNDATION AREAS 6-7 Care of Water During Construction 02402-2 CPL03243 – Bethel Road Infrastructure Improvements – Phase III A. The Contractor is responsible for dewatering foundations for all areas during construction of the works of improvement, including areas of required backfills. Lower the water table as needed to keep work areas free of standing water or excessive muddy conditions as needed for proper performance of the construction work. Furnish, prepare, and maintain drains, sumps, casings, well points, and other equipment needed to dewater areas for required construction work. Any dewatering method that causes a loss of fines from foundation areas shall not be permitted. Keep available standby equipment to assure the proper and continuous operation of the dewatering system. Provide continuous monitoring (24 hours per day) of the dewatering system to assure continuous operation. 3.04 CLOSURE OF STREAM A. Leave an opening to pass any such floods as may occur during construction. The bottom elevation of the opening shall be as indicated or that of the natural creek channel. 3.05 FIELD QUALITY CONTROL [Not Used] 3.06 CLEAN AND ADJUST [Not Used] 3.07 SCHEDULES [Not Used] END OF SECTION 6-8 Gabions 02767-1 CPL03243 – Bethel Road Reconstruction – Phase III 02767 GABIONS 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary, including gabion wire, rock, connections, diaphragms, geotextile fabric and all items necessary for construction of gabion structures as specified herein. 1.02 QUALITY ASSURANCE A. Design Requirements: Design retaining wall system in accordance with the local codes and regulations and the design guidelines given below (1.03). Design shall be by a professional engineer registered in Texas and who is employed by a firm that has designed at least five projects of similar construction and scope. B. Manufacturer Qualifications: Gabion system components manufactured by a manufacturer who has at least five years of successful experience in Gabion construction. The following manufacturers will be acceptable: 1. Maccaferri 2. Craig Olden C. Installer Qualifications: Firm with documented experience of at least five projects of similar construction and scope. Include brief description of each project and name and phone number of owner's representative knowledgeable in each listed project. D. GABIONS Connect and tie all joints such that the gabions are filled to their maximum density and placed with a minimum amount of voids. E. GEOTEXTILE FILTER FABRIC Geotextile shall be designed to allow passage of water while retaining insitu soil without clogging. A testing laboratory shall be retained by the producer of the geotextile at the point of manufacture to verify quality control in accordance with ASTM testing procedures. Furnish to the ENGINEER a manufacturer’s certificate verifying quality control test results prior to shipment. The certificate shall include: 1. Name of manufacturer 2. Chemical composition 3. Product description 4. Statement of compliance to specification requirements 1.03 SUBMITTALS Submittals to the Engineer shall include: A. Manufacturer’s certification - Galvanized Steel Wire B. Manufacturer’s certification - PVC Coating 6-9 Gabions 02767-2 CPL03243 – Bethel Road Reconstruction – Phase III C. Manufacturer’s certification - Geotextile Fabric D. Contractor shall provide record data and engineering calculations signed and sealed by an engineer licensed to practice in the State of Texas. The drawings shall show all wall design features, including but not limited to backfill materials, geotextile size and type, wall drainage, connections to proposed storm drain outfalls, culvert headwalls, and existing gabions, and protection of existing facilities and infrastructure as noted on the plans. Gabion wall design shall provide a seamless transition and provide soil anchors if deemed necessary. 1.04 STANDARDS Furnish materials in accordance with the following standards: ASTM A-90 Weight of Coating on Iron and Steel Articles with Zinc or Zinc-Alloy Coatings. ASTM A-185 Steel Welded Wire Fabric, Plain, for Concrete Reinforcement. ASTM A-641 Zinc Coated (Galvanized) Carbon Steel W ire. ASTM A-853 Steel Wire, Carbon, for General Use. ASTM A-975-97 Double-Twisted Hexagonal Mesh Gabions and Revet Mattresses (Metallic- Coated Steel Wire or Metallic-Coated Steel Wire with Polyvinyl Chloride (PVC) Coating). ASTM D-1242 Resistance of Plastic Materials to Abrasion. ASTM D-4992 Evaluation of Rock to be Used for Erosion Control. ASTM D-5312 Evaluation of Durability of Rock for Erosion Control Under Freezing and Thawing Conditions. ASTM D-5313 Evaluation of Durability of Rock for Erosion Control Under Wetting and Drying Conditions. ASTM G-8 Cathodic Disbonding of Pipeline Coatings. ASTM G-20 Chemical Resistance of Pipeline Coatings. ASTM G-23 Operating Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water for Exposure of Nonmetallic Materials. 1.05 JOB CONDITIONS Gabion structures shall consist of rectangular, compartmented wire baskets filled with stone used to build earth retaining and erosion control mats and structures as shown on the drawings. The wire mesh used to construct the gabions shall be uniform square or hexagonal shaped wire mesh with openings having nominal dimensions not to exceed 42 inches. Gabions shall be manufactured to conform to one of the types specified herein and shall be furnished as specified within a dimension tolerance or plus or minus five (5) percent. 2.00 PRODUCTS 2.01 MATERIALS 6-10 Gabions 02767-3 CPL03243 – Bethel Road Reconstruction – Phase III A. GABION WIRE: Wire for gabion fabrication and connection shall be either hot dipped galvanized, or PVC coated hot dipped galvanized steel as designated on the plans. The galvanized wire shall be equal to or exceed ASTM A-641, class 3, soft tem per wire and shall have a minimum tensile strength of 60,000 psi and an elongation of not less than 12%. The wire sizes specified are minimum sizes for the wire after galvanizing and before coating with PVC. All testing of wire diameters shall be prior to fabrication. Wire description Nominal Thickness Weight of Zinc Galvanized mesh wire 0.120" 0.80 oz./ft 2 Galvanized mesh wire w/ PVC coating 0.106" 0.80 oz./ft 2 Selvedge wire 0.153" 0.90 oz./ft 2 Selvedge wire w/ PVC coating 0.133" 0.85 oz./ft 2 Tie wire 0.087" 0.70 oz./ft 2 Tie wire w/ PVC coating 0.087" 0.70 oz./ft 2 B. PVC COATING: When required, PVC coating of wire shall be accomplished using fusion-bonded PVC or extruded and bonded PVC material. The wire coating shall have a nominal thickness of 0.0216 inches and a minimum thickness of 0.015 inches, colored black, grey or silvery, and conform to the following: 1. Abrasion resistance - ASTM D-1242, with a maximum weight loss of 19g. 2. Corrosion resistance - ASTM G-8, with a maximum disbondment diameter of 45 mm using 90 days, 1.5 volts, and 3% solution. 3. Chemical resistance - ASTM G-20, with no coating loss using 45 days at 21 E C, 3 molar NaOH, saturate Ca(OH) 2. 4. Weatherometer - ASTM G-20, using 2000 hours surface chalk. C. SPIRAL CONNECTORS: Preformed steel wire spiral connectors shall meet the same specifications as the wire used in the mesh and shall be utilized per the manufacturer =s specifications. D. FASTENERS: Alternative fasteners such as hog ring fasteners shall not be used. E. GABION ROCK: The rock for gabion shall be hard, angular to round, durable and of such quality that they shall not disintegrate on exposure to water or weathering during the life of the structure. Gabion rocks shall range between 4 in. (0.10 m) and 8 in. (0.20 m). The range in sizes may allow for a variation of 5% oversize and/or 5% undersize rock, provided it is not placed on the gabion exposed surface. The size shall be such that a minimum of two layers of rock must be achieved when filling the gabions. F. GEOTEXTILE FILTER FABRIC: Non-woven fabric consisting of U.V. stabilized polypropylene fabrics, formed into a stable network by needle punching. 1. DESIGN CRITERIA a. The geotextile fabric shall be inert to commonly encountered chemicals, hydrocarbons, mildew and rot resistant, resistant to ultraviolet light exposure, insect and rodent resistant, and conform to the properties in the following table. b. The average roll minimum value (weakest principal direction) for strength properties of any individual roll tested from the manufacturing lot or lots of a particular shipment shall be in excess of the average roll minimum value (weakest principal direction) stipulated herein. 6-11 Gabions 02767-4 CPL03243 – Bethel Road Reconstruction – Phase III Test Requirements : Physical Properties Average Roll Minimum Value (Weakest Principal Direction)* Grab Tensile Strength” ASTM D4632 (Lbs) 90 Elongation at Failure* ASTM D4632 50 Mullen Burst Strength ASTM D3786 (psi) 135 Permeability – k (cm/sec.) ASTM D4491 0.1 Water Flow Rate (gal/min/ft2) ASTM D4491 140 AOS(095) mm, ASTM D4751 0.15 Trapezoid Teat Strength ASTM D4533 (Lbs) 40 Puncture Resistance ASTM D4833 (Lbs.) 45 2.02 FABRICATIONS A. Gabion mesh shall be fabricated in such a manner as to be non-raveling and designed to provide the required flexibility and strength. 1. TWISTED WIRE MESH: Twisted wire mesh shall consist of a uniform, hexagonal-shaped wire mesh, woven in double twist pattern, with all wires galvanized prior to twisting. The perimeter edges of the twisted wire mesh shall be woven around a reinforcing wire in a manner designed to prevent slippage, and the edges of the mesh shall be securely selvedged. All corners shall be reinforced by heavier wire. B. Gabions are to be of single unit construction that when assembled will form a rectangular gabion with a minimum thickness of 12 inches. The base, ends, lids, sides and diaphragms shall be connected in such a manner that strength and flexibility at the point of connection is approximately equal to that of the mesh. The gabion unit may be pre-fabricated or assembled in the field. When the length of the gabion wall unit exceeds its width, the gabion shall be divided by diaphragms into cells of equal lengths, using the same mesh as the body of the gabion unit. The gabion mattress shall be divided into three foot (3.0’) by three foot (3.0’) nominally sized cells by factory connected diaphragm panels. Diaphragms shall be secured in the proper position on the base section. 3.00 EXECUTION 3.01 INSTALLATION A. Prevent damage to the wire coatings during installation. Any damage shall be repaired promptly in accordance with the manufacturer’s recommendations or replaced with undamaged gabion baskets. B. After excavation to grade, install geotextile fabric in accordance with the manufacturer’s recommendations. Adjacent pieces of geotextile fabric shall be overlapped a minimum of eighteen (18) inches. Secure the geotextile with pins or other suitable means before installing the gabion baskets. No stakes shall be placed through geotextile material. Excess geotextile fabric protruding beyond the finished gabion baskets shall be trimmed. 6-12 Gabions 02767-5 CPL03243 – Bethel Road Reconstruction – Phase III C. Gabion baskets shall be placed in position prior to rock installation and shall be tied together along all connecting edges in order to form a continuous connecting structural unit. Ties shall be similar to that used to assemble the baskets and shall produce a joint that is as strong as the body of the mesh. Stagger the vertical joints between gabions of adjacent rows and layers by at least one cell length. D. Twisted wire mesh gabions three feet high that are to be placed in a straight row are to be stretched in the following manner prior being tied to the adjacent gabion baskets. Tie together approximately 100 feet of gabion baskets end to end. Secure one end of the row by tying to gabions baskets already filled, or fill the end gabion with stone, and then stretch the baskets sufficiently to remove kinks. A frame or other suitable means shall be used to avoid deformation of the end cell when stretching the gabions. The baskets shall not be overstretched. While maintaining tension, tie the row of baskets to its neighbor and then fill with stone. E. The gabion baskets may be filled by machine with sufficient additional hand work to accomplish a maximum density and a minimum amount of voids. Do not damage or bend the gabion baskets during rock installation. Vertical outside surfaces shall be placed by hand with large select stone in order to achieve the best appearance. Baskets are to be filled in 12-inch layers in order to allow installation of a looped inner tie wire in each cell, connecting the front and back faces to eliminate unsupported faces. Individual cells may not be filled more than one foot above any adjacent cell unless looped inner tie wires run in both directions. F. Fill each gabion basket with rock to its maximum, slightly higher than the sides. Level the surface with a minimum amount of voids. Force the lid closed until the edge of the lid and edge of the basket are together. The heavy projecting wire on the lid shall be twisted around the heavy wire on the sides two complete turns. The lid shall then be tied to the edges and tops of the diaphragms in the same manner as the baskets are assembled so that the finished joint is as strong as the body of the mesh. The lids of the gabion baskets shall also be tied together, each to its adjacent basket along all connecting edges to complete the formation of a continuous connecting structural unit. Turn all projecting sharp ends of wire in on the completed gabion basket. G. Gabion baskets may be cut to form curves or bevels. Retying shall produce a closed cell and shall be in the same manner as the assembly. Excess mesh wire shall be cut off or shall be tightly and neatly laced down. END OF SECTION 6-13 Landscape Planting 32 90 00-1 CPL03243 – Bethel Road Infrastructure Improvements – Phase III 32 90 00 LANDSCAPE PLANTING 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary (including topsoil, soil testing, soil sterilant, soil amendments, mulch, fertilizer, stakes, trees, shrubs, groundcover, turf sod, and root/water barrier) to complete all landscape planting as specified herein. 1.02 QUALITY ASSURANCE A. PLANT LISTS Furnish planting as specified according to the Plant List on the drawings. Plants shall conform to the varieties specified, with no substitutions allowed unless approved in writing in advance by the Landscape Architect whose seal appears on the construction documents (hereinafter referred to as “Landscape Architect”). B. NOMENCLATURE The scientific, as well as, common names listed in the schedule are the standardized plant names authorized by the American Joint Committee on Horticulture Nomenclature. In the event of any question concerning plant type, notify the Landscape Architect before any planting operations, other than preparing the planting beds. 1.03 SUBMITTALS Submittals provided to Landscape Architect by Contractor shall include: A. Written confirmation from both Contractor and Landscape Planting Subcontractor of their (i) possession of all contract document planting drawings and specifications for the project and (ii) acceptance of all requirements contained in those plans and specifications. This written confirmation shall be signed by authorized representatives of both Contractor and Landscape Planting Subcontractor and shall include printed or typed names and titles as well as notorized signatures of the authorized representatives. B. Detailed plant list (including common and botanical names, quantities, root types, sizes, trunk diameter, height, and spread, shape uniformity, and source). C. List of all non-plant material products to be used on the project (per Section 2.00 Products below) including sources. D. Proposed schedule for all landscape planting activities, including but not limited to proposed dates of: landscape pre-construction meeting; order of plant material; delivery of plant material; irrigation system installation, testing, and completion in all landscape planting areas; soil preparation; planting, staking, mulching, and fertilization; proposed final inspection; and guarantee period. 1.04 6-14 Landscape Planting 32 90 00-2 CPL03243 – Bethel Road Infrastructure Improvements – Phase III STANDARDS The following documents, used as standards, are to be considered a part of these specifications by reference: A. American Joint Committee on Horticultural Nomenclature B. "Standardized Plant Names", Second Edition, 1942 C. "American Standard for Nursery Stock" 1.05 DELIVERY AND STORAGE A. Notify Owner five (5) business days in advance of delivery date. Unload and display plants and trees at a location on project site as directed by Owner. A suitable method of handling plants must be employed to insure the careful, workmanlike delivery of plants. B. All delivered plants shall be identified with a legible waterproof label bearing common and botanical plant name securely attached to each plant. Plants not in conformance with requirements of the drawings and specifications shall be promptly removed from the site and replaced with plants which do meet requirements. Plant identification labels shall not be removed until after final inspection by as described in Section 3.10 below. 1.06 JOB CONDITIONS A. Plants shall conform to the criteria specified (including common name, botanical genus and specie names, root type, size, and other characteristics noted) in the Plant List on the drawings. Plants shall have been grown under climatic conditions similar to those in the locality of the project site, unless otherwise approved in writing in advance by the Landscape Architect. Plants shall not be pruned prior to delivery to the site. B. Plants shall be selected for health and appearance and shall be well-matured, well-shaped, well-leafed, and be generally symmetrical in appearance from all directions. Trees shall be single trunk (unless listed as multi-trunk in the Plant List on the drawings) with straight trunks and a balance of well-leafed branches on each side of the main trunk. C. Plants and trees shall be handled so that the trunks, branches, foliage, and roots are protected at all times. D. Plants which have been grown in greenhouses, under lath, or in other protected environments shall be hardened off and acclimated to site conditions prior to delivery to site. E. Plants which cannot be immediately planted will be left in original containers and watered regularly until time of planting. 1.07 6-15 Landscape Planting 32 90 00-3 CPL03243 – Bethel Road Infrastructure Improvements – Phase III GUARANTEES Plantings shall be guaranteed for one (1) full growing season following completion and acceptance of the entirety of the landscape planting under this contract. At the end of the guarantee period, any trees or plants which are determined by the Owner to be dead or not in vigorous healthy growing condition shall be replaced by the Contractor at no cost to Owner. Replacement plantings and materials shall meet all requirements of the contract documents, including one-year guarantee from time of planting of the replacement. 2.00 PRODUCTS 2.01 MATERIALS A. TOPSOIL: Existing topsoil removed by excavation under this contract may be stripped, stockpiled, and re-used in new work with the following exception: Existing rocky soil, gravel, clay, shale, or subsoil shall NOT be re-used as topsoil. Additional topsoil, if necessary, shall be from a source approved by the Landscape Architect and shall be free of weeds (including nutgrass), trash, debris, roots, sticks, rocks, gravel, clay, shale, and subsoil. B. SOIL STERILANT: Contractor preferred product (used in strict accordance with the manufacturer's instructions and all applicable codes and regulations). C. LIME: Agricultural lime conforming to ASTM C602, Class "T". D. PEAT MOSS: Horticulture grade Canadian stock, fibrous type, low in wood content, having a moisture content of not more than 30%. E. MULCH: Horticultural grade finely-ground hardwood mulch, free of sticks, stones, clay or other foreign materials; 3/4" to 1" graded size, of such character as not be easily displaced by wind. F. TURF SOD: Turf sod shall be healthy, vigorous, freshly dug from living turf, and free of weeds. Sod shall be obtained from state certified commercial growers. Thickness of soil portion of the sod shall be a minimum of one (1) inch and a maximum of one and a half (1 ½ ) inches. Sod pieces shall be either strips measuring 18” width x 72” length or squares measuring 36” x 36’ unless otherwise approved in writing in advance by Landscape Architect prior to delivery to the project site. Sod shall be delivered on project site within twenty-four (24) hours of cutting/digging. Sod shall be planted within forty-eight (48) hours of cutting/digging. The soil portion of the sod shall be slightly moist (neither excessively wet nor excessively dry) when harvested. The soil portion of the sod shall be kept slightly moist until time of planting. G. PLANTS: Plants (shade trees, multi-trunk/specialty/palm trees, shrubs, and groundcovers) shall conform to the Plant List in the Drawings, shall be container-grown, and shall not have been re-potted within ninety (90) days prior to delivery to the project site. H. TREES STAKES: Six (6) foot length steel fence ‘T’ posts neatly field-painted with two (2) coats of rust-resistant oil-based enamel paint, color dark bronze. I. WIRE: No. 10 gauge galvanized steel tie wire. J. HOSE: Two-ply garden hose, 3/4" diameter, solid-color black. 6-16 Landscape Planting 32 90 00-4 CPL03243 – Bethel Road Infrastructure Improvements – Phase III K. COMMERCIAL FERTILIZER: Fertilizers shall: (i) conform to all applicable state fertilizer laws (ii) be delivered in original, unopened containers, and (iii) be uniform in composition, dry, and free flowing. A complete, time-release-coated, granule-type fertilizer with an equal Nitrogen- Phosphorus-Potassium analysis shall be submitted for approval by the Landscape Architect prior to any use on the project. L. ROOT/WATER BARRIER: 36-inch depth dual purpose root and water barrier, Century Products USA model CR-PE 3-20 or equivalent as approved in writing by Owner. 2.02 PLANTING SOIL MIXTURE A. Planting soil mixture for backfilling in excavations around all plantings shall be premixed on grade before shoveling into the planting pit. Planting soil backfill mixture shall consist of four (4) parts specified topsoil and one (1) part specified mulch, thoroughly mixed. 3.00 EXECUTION 3.01 TOPSOIL PREPARATION AND AMENDMENT A. TOPSOIL DEPTH Minimum topsoil depth in all planting areas shall be established as follows: 1. Shrub/Ornamental Beds: A minimum depth of nine (9) inches of topsoil, measured from finish grade on the Grading Plan in the drawings, shall exist or be established in all shrub/ornamental grass bed areas as indicated in the Drawings. 2. Turf Areas: A minimum depth of five (5) inches of topsoil, measured from finish grade indicated on the Grading Plan in the drawings, shall exist or be established in all turf areas as indicated in the Drawings. B. SOIL PREPARATION Scarification of all planting areas shall be performed prior to planting. 1. Shrub/Ornamental Beds: A minimum depth of twelve (12) inches of thorough scarification, measured from finish grade indicated on the Grading Plan in the Drawings, by means of plowing and disc harrowing, or in small areas by rototilling, shall be provided. Remove all weeds (including nutgrass), trash, debris, roots, sticks, rocks, gravel, clay, shale, and subsoil. Level soil by means of steel matt drags, tiller rakes, and hand raking as required to (i) eliminate bumps, ridges and depressions, and (ii) establish finish grade. All finish grades of shrub/ornamental grass bed soil shall conform to finish grades specified in the Grading Plan in the drawings. 2. Turf Areas: A minimum depth of eight (8) inches of thorough scarification, measured from finish grade indicated on the Grading Plan in the Drawings, by means of plowing and disc harrowing, or in small areas by rototilling, shall be provided. Remove all weeds (including nutgrass), trash, debris, roots, sticks, rocks, gravel, clay, shale, and subsoil. Level soil by means of steel matt drags, tiller rakes, and hand raking as required to (i) eliminate bumps, ridges and depressions, and (ii) establish finish grade. All finish grades of turf area soil shall conform to finish grades specified in the Grading Plan in the drawings. C. 6-17 Landscape Planting 32 90 00-5 CPL03243 – Bethel Road Infrastructure Improvements – Phase III LIME ADDITION Test the scarified topsoil for pH in a minimum of twenty-four (24) evenly distributed locations representative of all planting area across the project site. For all planting areas with topsoil pH between 4.0 and 5.0, add 90-140 pounds of lime per 1,000 square feet. For all planting areas with topsoil pH of 5.1 to 6.0, add 40 to 90 pounds per 1000 square feet. Lime shall be thoroughly mixed into the minimum full depth of required topsoil for all areas. D. PEAT MOSS ADDITION Add peat moss at the rate of one hundred fifty (150) pounds per one thousand (1,000) square feet in all turf areas. Add peat moss at the rate of two hundred fifty (250) pounds per one thousand (1,000) square feet in all shrub/ornamental grass bed areas. Peat moss shall be thoroughly mixed into the minimum full depth of required topsoil for all areas. E. SOIL STERILIZATION Following scarification and amendment mix-in, topsoil in all planting areas shall be sterilized using soil sterilant (herbicide) in strict accordance with the manufacturer’s written directions. Contractor shall protect all existing trees to remain and other adjacent vegetation from any harm or damage from sterilant application. Contractor shall allow treated planting areas to sit undisturbed per manufacturer’s recommended time period prior to installation of plants and turf and prior to performing any other planting operations. 3.02 TIME OF PLANTING A. Planting shall be done only during periods within the seasons which are normal for the planting type as determined by weather conditions and the accepted practice in the project locality with the following exception: No planting shall occur during or within three (3) days of temperatures above 95 degrees Fahrenheit or below 35 degrees Fahrenheit. B. The preparation of planting areas may begin prior to time of planting provided finish grading has been completed. Finish grades shall be protected from landscape planting construction traffic (including protection from soil compaction). 3.03 PLANTING, GENERAL A. The location for all plantings is noted on the drawings at the scale indicated on each drawing. No deviations from the planting locations shown on the drawings are permitted unless approved in writing in advance by the Landscape Architect. B. In preparing plant excavations, remove all rocks or underground obstructions to a depth necessary, and completely clear of root ball and backfill zones, to permit proper planting. Planting pits shall be generally circular in outline with heavily scarified vertical sides and flat (slightly dish-shaped) bottoms. C. Depth of planting pits shall be equal to the height of the root ball plus four (4) inches. This is to provide for: (i) six (6) inches of firmed planting soil mixture under the root ball and (ii) two (2) inches of root ball top above adjacent finish grade. D. Diameter of planting pits shall be dug twice the diameter of the root ball. 3.04 6-18 Landscape Planting 32 90 00-6 CPL03243 – Bethel Road Infrastructure Improvements – Phase III PLANTING SOIL MIXTURE A. Planting soil shall be shoveled into the pit around the plant balls in six (6) inch dry layers and firmly dry-tamped by foot before the next layer is added. 3.05 TREE PLANTING A. For trees located in shrub/ornamental grass beds, prepare excavation as described above and on details on the drawings. Set root ball in center of pit on prepared planting soil and complete backfilling in six (6) inch dry layers. All finish grades of soil shall conform to finish grades specified in the Grading Plan in the drawings. Slowly saturate the planting pit and adjacent area two (2) times within in the first four (4) hours immediately following planting using potable water. B. For trees located in turf, prepare excavation as described above and on details on the drawings. Set root ball in center of pit on prepared planting soil and complete backfilling in six (6) inch dry layers. All finish grades of soil shall conform to finish grades specified in the Grading Plan in the drawings. Construct a circular earthen saucer four (4) inches high (measured above adjacent finish grade) and sixteen (16) inches wide immediately outside edge of planting pit. Slowly saturate the planting pit and area inside the saucer two (2) times within in the first four (4) hours immediately following planting using potable water. C. After watering, apply additional planting soil m ixture, if needed, to fill settled planting pit backfill to assure conformance with details on the drawings. Apply top layer of mulch in accordance with the details on the drawings. D. After planting, where necessary, prune in accordance with the details on the drawings. Maintain uniform overall shape of tree. 3.06 SHRUB AND GROUNDCOVER PLANTING A. Prepare excavation as described above and on details on the drawings. Set root ball in center of pit on prepared planting soil and complete backfilling in six (6) inch dry layers. All finish grades of soil shall conform to finish grades specified in the Grading Plan in the drawings. Slowly saturate the planting pit and adjacent area two (2) times within in the first four (4) hours immediately following planting using potable water. B. After watering, apply additional planting soil m ixture, if needed, to fill settled planting pit backfill to assure conformance with the details on the drawings. Apply top layer of mulch in accordance with the details on the drawings. C. After planting, where necessary, prune in accordance with the details on the drawings. Maintain uniform overall shape of plant. 3.07 SODDING Grass shall be planted by sodding. Lay sod within 24 hours of stripping. Fill in any gaps between sod pieces with hand-tamped topsoil and water in. 3.08 FERTILIZER APPLICATION Fertilizer shall, upon completion of planting, be applied to all plantings (trees, shrubs, ornamental grasses, and turf) at the rate specified by the manufacturer for each type of planting. 3.09 6-19 Landscape Planting 32 90 00-7 CPL03243 – Bethel Road Infrastructure Improvements – Phase III MAINTENANCE A. Maintain all landscape areas, plants, and turf during all stages of landscape construction and a minimum of 60 days after planting operations have been completed, regardless of the date of Owner's acceptance of the project. Plants and turf shall be watered regularly, as required to provide vigorous and healthy growth, by Contractor during construction and maintenance period. The Contractor shall at no time during landscape construction and maintenance period allow visible weed growth, insect infestation, accumulation of any trash or construction debris, or other unsightly conditions in any landscape areas. B. Turf shall be kept in a healthy growing condition by watering, weeding, patching, rolling, mowing, trimming, edging, and any other necessary m aintenance operations. At the end of the maintenance period, all turf areas shall be solid weed-free lawns. Patch/replant as frequently as necessary to produce a solid stand of grass over the entire lawn area. Protect grass from weed or insect infestation, traffic, or washing. 3.10 FIELD QUALITY CONTROL At the completion of the maintenance period, the Owner and Landscape Architect shall make a final inspection of all planting areas (trees, shrubs, grasses, groundcovers, and turf). Any plantings determined by the Owner or Landscape Architect not to be in a vigorous healthy growing condition at this time shall be replaced at no charge to the Owner. Any and all such replacements shall be guaranteed in accordance with Section 1.07 of the Specifications. 3.11 CLEAN AND ADJUST All empty material containers and bags, unusable materials, trash, and other debris must be removed daily and the project site kept neat and clean at all times. Any and all excess excavated topsoil and/or subsoil shall be promptly removed from the project site. After planting operations are finished, paved areas which may have become strewn with soil or other material shall be thoroughly cleaned by sweeping and washing, if necessary, to provide a neat and clean project site. END OF SECTION 6-20 NATIONWIDE PERMIT 14 Linear Transportation Projects Effective Date: March 19, 2012 (NWP Final Notice, 77 FR 10184) Linear Transportation Projects. Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non- tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 31.) (Sections 10 and 404) Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have “no effect” on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) – (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project’s purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project’s adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. D. District Engineer’s Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10- acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. E. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. F. Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term “discharge” means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent – meaning bordering, contiguous, or neighboring – to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands. ADDITIONAL INFORMATION This nationwide permit is effective March 19, 2012, and expires on March 18, 2017. Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed at http://www.swf.usace.army.mil/regulatory or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx NATIONWIDE PERMIT (NWP) REGIONAL CONDITIONS FOR THE STATE OF TEXAS The following regional conditions apply within the entire State of Texas: 1. Compensatory mitigation is required at a minimum one-for-one ratio for all special aquatic site losses that exceed 1/10 acre and require pre-construction notification (PCN), and for all losses to streams that exceed 300 linear feet and require PCN, unless the appropriate District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement. 2. For all discharges proposed for authorization under nationwide permits (NWP) 3, 6, 7, 12, 14, 18, 19, 25, 27, 29, 39, 40, 41, 42, 43, 44, 51, and 52, into the following habitat types or specific areas, the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31, Pre-Construction Notification (PCN). The Corps of Engineers (Corps), except for the Tulsa District, will coordinate with the resource agencies as specified in NWP General Condition 31(d) (PCN). The habitat types or areas are: a. Pitcher Plant Bogs: Wetlands typically characterized by an organic surface soil layer and include vegetation such as pitcher plants (Sarracenia sp.), sundews (Drosera sp.), and sphagnum moss (Sphagnum sp.). b. Bald Cypress-Tupelo Swamps: Wetlands comprised predominantly of bald cypress trees (Taxodium distichum), and water tupelo trees (Nyssa aquatica), that are occasionally or regularly flooded by fresh water. Common associates include red maple (Acer rubrum), swamp privet (Forestiera acuminata), green ash (Fraxinus pennsylvanica) and water elm (Planera aquatica). Associated herbaceous species include lizard's tail (Saururus cernuus), water mermaid weed (Proserpinaca spp.), buttonbush (Cephalanthus occidentalis) and smartweed (Polygonum spp.). (Eyre, F. H. Forest Cover Types of the United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor Lane, Bethesda, Maryland 20814-2198. Library of Congress Catalog Card No. 80-54185) 3. For all activities proposed for authorization under NWP 12 that involve a discharge of fill material associated with mechanized land clearing in a forested wetland, the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31 (Pre- Construction Notification) prior to commencing the activity. 4. For all activities proposed for authorization under NWP 16, the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31 (Pre- Construction Notification), and work cannot begin under NWP 16 until the applicant has received written approval from the Corps. The following regional conditions apply only within the Fort Worth District in the State of Texas: 5. For all discharges proposed for authorization under all NWPs, into the area of Caddo Lake within Texas that is designated as a “Wetland of International Importance” under the Ramsar Convention, the applicant shall notify the Fort Worth District Engineer in accordance with the NWP General Condition 31. The Corps will coordinate with the resource agencies as specified in NWP General Condition 31(d) (Pre-Construction Notification). 6. For all discharges proposed for authorization under NWP 43 that occur in forested wetlands, the applicant shall notify the Fort Worth District Engineer in accordance with the General Condition 31 (Pre-Construction Notification). 7. For all discharges proposed for authorization under any nationwide permit in Dallas, Denton, and Tarrant Counties that are within the study area of the “Final Regional Environmental Impact Statement (EIS), Trinity River and Tributaries” (May 1986), the applicant shall meet the criteria and follow the guidelines specified in Section III of the Record of Decision for the Regional EIS, including the hydraulic impact requirements. A copy of these guidelines is available upon request from the Fort Worth District and at the District website www.swf.usace.army.mil (select “Permits”). 8. Federal Projects. The applicant shall notify the Forth Worth District Engineer in accordance with the NWP General Condition 31, Pre-Construction Notification (PCN) for any regulated activity where the applicant is proposing work that would result in the modification or alteration of any completed Corps of Engineer projects that are either locally or federally maintained and for work that would occur within the conservation pool or flowage easement of any Corps of Engineers lake project. PCN's cannot be deemed complete until such time as the Corps has made a determination relative to 33 USC Section 408, 33 CFR Part 208, Section 208.10, 33 CFR Part 320, Section 320.4. 9. Invasive and Exotic Species. Best management practices are required where practicable to reduce the risk of transferring invasive plant and animal species to or from project sites. Information concerning state specific lists and threats can be found at: http://www.invasivespeciesinfo.gov/unitedstates/tx.shtml. Best management practices can be found at: http://www.invasivespeciesinfo.gov/toolkit/prevention.shtml. Known zebra mussel waters within can be found at: http://nas.er.usgs.gov/queries/zmbyst.asp. 10. For all discharges proposed for authorization under NWPs 51 and 52, the Corps will provide the PCN to the US Fish and Wildlife Service as specified in NWP General Condition 31(d)(2) for its review and comments.