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TR1801-CN190701
CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR BIKE LANE PROJECT (Moore Road, Riverchase Drive, and Fairway Drive) THE CITY OF COPPELL Bid No. Q-0719-01 July 2019 Texas Registration No. F-928 Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 817-335-6511 Contact: John Fielder, RLA KH Project No. 061087005 7/1/19 BIKE LANE PROJECT (Moore Road, Riverchase Drive, and Fairway Drive) TABLE OF CONTENTS I. Invitation to Bid II. Instructions/Terms of Contract III. Company Info IV. Standard Form of Agreement – Between Owner and Contractor V. Corporate Acknowledgement VI. Performance Bond VII. Payment Bond VIII. Bid Form IX. Scope of Work X. Technical Specifications TECHNICAL SPECIFICATIONS Technical Specifications for this project include the Standard Specifications for Public Works Construction, North Central Texas Council of Governments Fourth Edition, Texas Department of Transportation Specifications, 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 Supplementary Conditions, Specification Project Requirements, General Notes, Description of Pay Items and Technical Specifications included herein. In the case of any discrepancy, the most stringent specification shall prevail. DIVISION 1 - GENERAL REQUIREMENTS Page Numbers Section 01010 Summary of Work 01010-1 to 4 Section 01020 Contract Considerations 01020-1 to 2 Section 01039 Coordination and Meetings 01039-1 to 2 Section 01300 Submittals 01300-1 to 3 Section 01340 Shop Drawings, Product Data, and Samples 01340-1 to 2 Section 01410 Testing Laboratory Services 01410-1 to 3 Section 01500 Temporary Controls 01500-1 to 3 Section 01580 Project Signs 01580-1 to 3 Section 01600 Materials and Equipment 01600-1 to 2 Section 01630 Substitutions and Product Options 01630-1 to 4 Section 01700 Project Closeout 01700-1 to 4 Section 01710 Cleaning Up 01710-1 to 2 Section 01732 Selective Demolition 01732-1 to 2 DIVISION 2 - SITEWORK Section 02100 Site Preparation/Tree Protection Fencing 02100-1 to 3 Section 02200 Earthwork 02200-1 to 6 Section 02220 Excavation, Trenching, and Backfilling 02220-1 to 3 Section 02760 Pavement Markings 02760-1 to 8 Section 02938 Sodding for Revegetation 02938-1 to 5 DIVISION 3 - CONCRETE Section 03100 Concrete Formwork 03100-1 to 2 Section 03200 Concrete Reinforcement 03200-1 to 2 Section 03310 Cast-In-Place Concrete 03310-1 to 6 APPENDIX CITY OF COPPELL STANDARD FORMS Contractor’s Application for Payment Contractor’s Lump Sum Worksheet Contractor’s Unit Price Worksheet Contractor’s Stored Materials Worksheet Certificate of Substantial Completion Work Change Directive Change Order Field Order CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 INVITATION TO BID INSTRUCTIONS/TERMS OF CONTRACT SPECIFICATIONS BID SHEET(S) FOR BIKE LANE PROJECT PER THE CITY OF COPPELL SPECIFICATIONS AT THE CITY OF COPPELL TOWN CENTER PROCUREMENT SERVICES DEPARTMENT OPENING DATE: JULY 25, 2019, 2:00 P.M. PART I INVITATION TO BID CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 INVITATION TO BID Return Bid To: City of Coppell Procurement Services Department 255 Parkway Blvd. Coppell, Texas 75019 The enclosed Invitation To Bid and accompanying Specifications with Bid Sheets are for your convenience in bidding the enclosed referenced products and/or services for the City of Coppell. Sealed bids shall be received no later than: 2:00 P.M. on Thursday, July 25, 2019. PRE-BID CONFERENCE The City of Coppell will have a pre-bid conference at 2:00 P.M. on Tuesday, July 16, 2019 at: 255 Parkway Blvd. Coppell, TX 75019 Please reference Bid No. , "BIKE LANE PROJECT," in all correspondence pertaining to this bid and affix this number to outside front of bid envelope for identification. All bids shall be to the attention of the Procurement Services Department. The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids must be received at the designated location by the deadline shown. Bids received after the deadline will be returned unopened and shall be considered void and unacceptable. Bid opening is scheduled to be held in the Office of the Procurement Services Manager, 255 Parkway Boulevard, Coppell, Texas. You are invited to attend. If Bidder desires not to bid at this time, but wishes to remain on the commodity bid list, please submit a "NO BID" response (same time/location). The City of Coppell is always very conscious and extremely appreciative of the time and effort expended to submit a bid. However, on "NO BID" responses please communicate any bid requirement(s) which may have influenced your decision to "NO BID." If response is not received in the form of a "BID" or "NO BID" for three (3) consecutive Invitation To Bid, Bidder shall be removed from said bid list. However, if you choose to "NO BID" at this time but desire to remain on the bid list for other commodities, please state the specific product/service for which your firm wishes to be classified. Awards should be made approximately three weeks following the bid opening date. To obtain results, or if you have any questions, please contact the Procurement Services Department at 972-304-3698. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 INVITATION TO BID INSTRUCTIONS/TERMS OF CONTRACT BID NO. Q-0719-01 BIKE LANE PROJECT By order of the City Council of the City of Coppell, Texas, sealed bids will be received for: BIKE LANE PROJECT IT IS UNDERSTOOD that the City Council of the City of Coppell, Texas reserves the right to reject any and/or all bids for any/or all products and/or services covered in this bid request and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City of Coppell. BIDS MUST BE submitted on the pricing forms included for that purpose in this packet. Each bid shall be placed in a separate sealed envelope, with each page manually signed by a person having the authority to bind the firm in a Contract, and marked clearly on the outside as shown below. FACSIMILE OR EMAIL TRANSMITTALS SHALL NOT BE ACCEPTED! SUBMISSION OF BIDS: Sealed bids shall be submitted no later than 2:00 P.M. on Thursday, July 25, 2019, to the address as follows: City of Coppell Procurement Services Department 255 E. Parkway Blvd. Coppell, Texas 75019 MARK ENVELOPE: "BID NO. Q-BIKE LANE PROJECT BIKE LANE PROJECT" ALL BIDS MUST BE RECEIVED IN THE CITY'S PROCUREMENT SERVICES DEPARTMENT BEFORE OPENING DATE AND TIME. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make request for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). PART II INSTRUCTIONS/ TERMS OF CONTRACT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 City of Coppell Bid #Q-0719-01 – Bike Lane Project Closing Date & Time: Thursday, July 25 @ 2:00 p.m. (Central Time) Solicitation Schedule Dates Bid Issued July 5, 2019 Pre-Bid Conference July 16, 2019 at 2:00 P.M. Sealed Bids Due to the City July 25, 2019 at 2:00 P.M. Contract Award/Proposed Council Approval August 13, 2019 Start Implementation August 31, 2019 *Estimate The dates BEFORE bid opening are firm unless changed through an Addendum. Dates after bid opening are proposed dates and the City reserves the right to modify this schedule at the City’s discretion. Notification of changes in the response due date would be posted on Bidsync.com and the City website or as otherwise stated herein. All times and dates are Central Standard Time. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 REQUIRED INFORMATION: The City of Coppell solicitation packets contain various documents that require completion by the Offeror. Said information must be completed prior to the date and time set for the solicitation opening and shall be included with the submittal packet in order to be considered a responsive Offeror. DEFINITIONS: a. “Bidder” refers to the submitter. b. “Contractor” refers to a successful Bidder/contractor/service provider. c. “Submittal” refers to those documents, which must be submitted to the City of Coppell by a Bidder. d. “RFB” refers to a Request for Bids. e. “RFQ” refers to a Request for Qualifications. f. “RFP” refers to a Request for Proposals. SUBMISSION OF RFB/RFQ/RFP: RFB/RFQ/RFP’s may be submitted to the City of Coppell by any of the following means: g. Hand carried to the Procurement Services Department located at the City of Coppell/City Hall, 255 E. Parkway Blvd., Coppell, Texas 75019; h. No oral, telegraphic, telephonic, or facsimile RFQs will be considered or accepted. OFFICIAL TIME: The time clock in the City of Coppell Procurement Services Department shall be the official time of receipt for all RFB/RFQ/RFP’s submitted in hard copy paper form. Any late submittals received in the Coppell Procurement Services Department after the submission deadline shall be considered void and unacceptable. Absolutely no late submittals will be considered. INCLEMENT WEATHER: In case of inclement weather or any other unforeseen event causing the City to close for business on the date a submission deadline, the RFB/RFQ/RFP closing will automatically be postponed until the next business day the City is open. If inclement weather conditions or any other unforeseen event causes delays in carrier service operations, the City may issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the City of their interest in the project if these conditions are impacting their ability to turn in a submission within the stated deadline. The City reserves the right to make the final judgment call to extend any deadline. BID NOTIFICATION: City of Coppell utilizes the following procedures for notification of bid opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of notification authorized by the city. Coppell shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the vendor’s responsibility to verify the validity of all bid information received by sources other than those listed. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID OPENINGS: All submittals will be opened and presented according to the legal requirements for the type of solicitation (i.e. request for bid, request for proposal, competitive sealed proposal, etc.) at the designated time and place specified in the solicitation. However, the reading of a quote at the opening should not be construed as a comment on the responsiveness of such quote or as any indication that the City accepts such quote as responsive. The City will make a determination as to the responsiveness of quotes submitted based upon compliance with all applicable laws, City Procurement Services Guidelines, and project documents, including but not limited to the project specifications and contract documents. The City will notify the successful Bidder upon award of the contract and all requests for quotes received will be available for inspection after award. FUNDING: Funds for payment have been provided through the City of Coppell budget approved by the City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current fiscal year shall be subject to budget approval. LATE BIDS: Bids received in the City of Coppell Procurement Services Department after submission deadline will be considered void and unacceptable. The City of Coppell is not responsible for lateness or non-delivery of mail, carrier, etc., and the date/time stamp in the Procurement Services Department shall be the official time of receipt. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the Bidder without the permission of the City for a period of ninety (90) days following the date designated for the receipt of bids, and Bidder so agrees upon submittal of their bid. SALES TAX: The City of Coppell is exempt by law from payment of Texas State Sales Tax and Federal Excise Tax pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Bidder shall include any sales taxes from concession sales of taxable items on City property in the total price of the sale, and shall be responsible to report and pay such taxes in a timely manner. Any Contractor performing work under this contract for the City of Coppell may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09. CONTRACT: This bid, when properly accepted by the City of Coppell, shall constitute a Contract equally binding between the successful Bidder and the City. No different or additional terms will become a part of this Contract with the exception of Change Orders. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 CHANGE ORDERS: No oral statement of any individual 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 City's Procurement Services Agent. IF DURING THE life of the Contract, the successful Bidder’s net prices to other customers for items awarded herein are reduced below the Contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City of Coppell. A PRICE redetermination may be considered by the City only at the anniversary date of the Contract and shall be substantiated in writing (i.e., Manufacturer’s direct cost, postage rates, Railroad Commission rates, Wage/Labor rates, etc.). The Bidder’s past history of honoring Contracts at the bid price will be an important consideration in the evaluation of the lowest and best bid. The City reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the City. DELIVERY: all delivery and freight charges (F.O.B. City of Coppell) are to be included in the bid price. DELIVERY TIME: Bids shall show number of days required to place goods ordered at the City’s designated location. Failure to state delivery time may cause bid to be rejected. Successful Bidder shall notify the Procurement Services Department immediately if delivery schedule cannot be met. If delay is foreseen, successful Bidder shall give written notice to the Procurement Services Agent. The City has the right to extend delivery time if reason appears valid. Successful Bidder must keep the Procurement Services Department advised at all times of the status of the order. CONFLICT OF INTEREST: No public official shall have interest in this Contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter 171. DISCLOSURE OF CERTAIN RELATIONSHIPS Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Coppell 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. ETHICS: The Bidder shall not offer or accept gifts of anything of value nor enter into any business arrangement with any employee, official or agent of the City of Coppell. EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this Invitation To Bid will be considered for award. Bidders taking exception to the Specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. In the absence of such, a list shall indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 strict accordance with the Specifications of the Invitation. The City of Coppell reserves the right to accept any and all, or none, of the exception(s)/ substitution(s) deemed to be in the best interest of the City. ADDENDA: Any interpretations, corrections or changes to an RFB/RFQ/RFP will be made by written addenda. Sole issuing authority of addenda shall be vested in the City of Coppell Procurement Services Department. Addenda will be issued via the Bidsync system mentioned above and posted on the City of Coppell’s website. Bidders shall acknowledge receipt of all addenda DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City's Procurement Services Agent. Addenda will be mailed to all who are known to have received a copy of this invitation to Bid. Bidders shall acknowledge receipt of all addenda. BID MUST COMPLY with all federal, state, county, and local laws concerning these types of service(s). DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of manufacturing and engineering practice. All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition and of current manufacturer. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS : A prospective Bidder must affirmatively demonstrate Bidder's responsibility. A prospective Bidder must meet the following requirements: 1. Have adequate financial resources, or the ability to obtain such resources as required; 2. be able to comply with the required or proposed delivery schedule; 3. have a satisfactory record of performance; 4. have a satisfactory record of integrity and ethics; 5. be otherwise qualified and eligible to receive an award. The City may request representation and other information sufficient to determine Bidder's ability to meet these minimum standards listed above. REFERENCES: The City requests Bidder to supply, with this Invitation To Bid, a list of at least three (3) references where like products and/or services have been supplied by their firm. Include name of firm, address, telephone number and name of representative. BIDDER SHALL PROVIDE with this bid response, all documentation required by this Invitation To Bid. Failure to provide this information may result in rejection of bid. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 AWARD OF CONTRACT: The City of Coppell reserves the right to award this contract by one of the following methods. The method selected will be in the best interest of the City, as determined by the Procurement Services Manager. a. To the lowest responsible bidder(s), bidding all items and meeting all specifications; b. To award to one or more bidders; c. To the lowest responsible bidder(s) meeting specifications, per line item; d. If specified, to the low bidder(s) meeting specifications, per category. To qualify for an award of a category, a bidder must bid all items within that category. If all items of a category are not bid by all vendors, award shall be made in the best interest of the city. e. To the bidder(s) who provide the goods or services specified in the solicitation at the best value to the City in compliance with Texas Local Government Code, Chapter 252.043. f. The City reserves the right to reject any or all submissions, to waive formalities, or to proceed otherwise when in the best interest of the City. SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Coppell and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful Bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any Contract which may result from bid award. Successful Bidder indemnifies and will indemnify and save harmless the City from liability, claim or demand on their part, agents, servants, customers, and/or employees whether such liability, claim or demand arise from event or casualty happening or within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to the facilities within which the occupied premises are located. Successful Bidder shall pay any judgment with costs which may be obtained against the City growing out of such injury or damages. In addition, Contractor shall obtain and file with Owner City of Coppell a Standard Certificate of Insurance and applicable policy endorsement evidencing the required coverage and naming the owner City of Coppell as an additional insured on the required coverage. WAGES: Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Coppell, all Social Security, Unemployment and Federal Income Withholding Taxes of all such employees and all such employees shall be paid wages and benefits as required by Federal and/or State Law. PREVAILING WAGE RATES: If Federal Funds are used to pay any portion of this project, the awarded contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis- Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Dallas County, Texas (WD-2509). If Federal Funds are not used for this project, the awarded contractor shall comply with the prevailing wage rate established under Chapter 2258 of the Texas Government Code. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by either party with a thirty (30) day written notice prior to any cancellation. The successful Bidder must state therein the reasons for such cancellation. The City of Coppell reserves the right to award canceled Contract to next lowest and best Bidder as it deems to be in the best interest of the City of Coppell. TERMINATION FOR DEFAULT: The City of Coppell reserves the right to enforce the performance of this Contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this Contract. The City of Coppell reserves the right to terminate the Contract immediately in the event the successful Bidder fails to: 1. Meet schedules; 2. defaults in the payment of any fees; or 3. otherwise perform in accordance with these Specifications. Breach of Contract or default authorizes the City of Coppell to exercise any or all of the following rights: 1. The City may take possession of the assigned premises and any fees accrued or becoming due to date; 2. the City may take possession of all goods, fixtures and materials of successful Bidder therein and may foreclose its lien against such personal property, applying the proceeds toward fees due or thereafter becoming due. In the event the successful Bidder shall fail to perform, keep or observe any of the terms and conditions to be performed, kept or observed, the City shall give the successful Bidder written notice of such default; and in the event said default is not remedied to the satisfaction and approval of the city within two (2) working days of receipt of such notice by the successful Bidder, default will be declared and all the successful Bidder's rights shall terminate. Bidder, in submitting this bid, agrees that the City of Coppell shall not be liable to prosecution for damages in the event that the City declares the Bidder in default. NOTICE: Any notice provided by this bid (or required by law) to be given to the successful Bidder by the City of Coppell shall conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in the City of Coppell, Texas by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful Bidder at the address so provided; provided this shall not prevent the giving of actual notice in any other manner. PROTESTS: All protests regarding the solicitation process must be submitted, in writing, to the Procurement Services Manager within five (5) working days following the opening of such solicitation. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 This includes all protests relating to advertising of solicitation notices, deadlines, opening, and all other related procedures under the Texas Local Government Code, as well as, any protests relating to alleged improprieties or ambiguities in the specifications. Protests relating to staff recommendations as to the award of this solicitation may be directed to the City Administration, City Manager’s Office by contacting the City Manager prior to council award. All staff recommendations will be made available for public review seventy-two (72) hours prior to consideration by the City Council. PATENTS/COPYRIGHTS: The successful Bidder agrees to protect the City of Coppell from claims involving infringement of patents and/or copyrights. CONTRACT ADMINISTRATOR: Under this Contract, the City of Coppell may appoint a Contract Administrator with designated responsibility to ensure compliance with Contract requirements, such as but not limited to, acceptance, inspection and delivery. The Contract Administrator will serve as liaison between the City of Coppell Procurement Services Department (which has the overall Contract Administration responsibilities) and the successful Bidder. PURCHASE ORDER: A Purchase Order(s) shall be generated by the City of Coppell to the successful Bidder. The Purchase Order number must appear on all itemized invoices and packing slips. The City of Coppell will not be held responsible for any orders placed/delivered without a valid current Purchase Order number. PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and shall show: (a) name and address of successful Bidder, (b) name and address of receiving department and/or delivery location, (c) Purchase Order number, and (d) descriptive information as to the item(s) delivered, including product code, item number, quantity, number of containers, etc. INVOICES shall show all information as stated above, shall be issued for each Purchase Order and shall be mailed directly to the City of Coppell Finance/Accounts Payable Department, 255 Parkway Blvd., Coppell, Texas 75019, or emailed to accountspayable@coppelltx.gov. PAYMENT will be made upon receipt and acceptance by the City of Coppell for any item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. Successful Bidder(s) required to pay subcontractors within ten (10) days. ITEMS supplied under this Contract shall be subject to the City's approval. Items found defective or not meeting Specifications shall be picked up and replaced by the successful Bidder at the next service date at no expense to the City of Coppell. If item is not picked up within one (1) week after notification, the item will become a donation to the City for disposition. SAMPLES: When requested, samples shall be furnished free of expense to the City of Coppell. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 WARRANTY: Successful Bidder shall warrant that all items/services shall conform to the proposed Specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. A copy of the warranty for each item being bid must be enclosed. Failure to comply with the above requirements for literature and warranty information could cause bid to be rejected. REMEDIES: The successful Bidder and the City of Coppell agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code. VENUE: This Agreement will be governed and construed according to the laws of the State of Texas. This Agreement is performable in the City of Coppell, Texas. ASSIGNMENT: The successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without prior written consent of the City of Coppell. SPECIFICATIONS and model numbers are for description only. Bidder may bid on description only. Bidder may bid on alternate model but must clearly indicate alternate model being bid. Bidder must enclose full descriptive literature on alternate item(s). SILENCE OF SPECIFICATION: The apparent silence of these Specifications as to any detail or to the apparent omission 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. Each insurance policy to be furnished by successful Bidder shall include, by endorsement to the policy, a statement that a notice shall be given to the City of Coppell by Certified Mail thirty (30) days prior to cancellation or upon any material change in coverage. BID BOND: If the contract is for the construction of public works the bidder must furnish a good and sufficient bid bond in the amount of five percent of the total contract price. A bid bond must be executed with a surety company authorized to do business in the state of Texas. Bid Bond must be included with bid documents prior to submission deadline. BID NOTIFICATION: City of Coppell utilizes the following procedures for notification of bid opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of notification authorized by the city. Coppell shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the vendor’s responsibility to verify the validity of all bid information received by sources other than those listed. EMPLOYMENT ELIGIBILITY VERIFICATION: The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 work authorization and requires employers to verify their employees' work eligibility on a U.S. Department of Justice form I-9. The contractor/vendor warrants that contractor/vendor is in compliance with IRCA and will maintain compliance with IRCA during the term of the contract with the city. Contractor/vendor warrants that contractor/vendor has included or will include a similar provision in all written agreements with any subcontractors engaged to perform services under this contract. ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES: Bidders are encouraged to offer Energy Star, GreenSeal, EcoLogo and/or EPEAT certified products. The city also encourages bidders to offer products and services that are produced or delivered with minimal use of virgin materials and maximum use of recycled materials and reduce waste, energy usage, water utilization and toxicity in the manufacture and use of products. ANY QUESTIONS concerning this Invitation To Bid and Specifications should be directed to the Procurement Services Department at 972-304-3698. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 COOPERATIVE PROCUREMENT SERVICES As permitted under Government Code, Title 7, Chapter 791.025, other governmental entities may wish to cooperatively purchase under the same terms and conditions contained in this contract (piggyback). Each entity wishing to piggyback must have prior authorization from the City of Coppell and Contractor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. The City of Coppell shall not be held responsible for any orders placed, deliveries made, or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract. IS YOUR FIRM WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO PIGGYBACK OFF THIS CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND CONDITIONS? __________YES __________NO CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 CERTIFICATIONS AND REPRESENTATIONS M/WBE STATUS ___________________________________________________ IS CERTIFIED AS A: (CHECK ONE, IF APPLICABLE) DISADVANTAGED BUSINESS ENTERPRISE ___________ MINORITY-OWNED BUSINESS ENTERPRISE ___________ WOMEN-OWNED BUSINESS ENTERPRISE ___________ PLEASE ATTACH OFFICIAL DOCUMENTATION FROM THE STATE OF TEXAS OR OTHER QUALIFIED CERTIFICATION AGENCY OF M/WBE STATUS OF YOUR COMPANY WITH THIS BID/PROPOSAL. * * * * * NOTE * * * * * THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT AFFECT THE BID AWARD. (SUBMISSION OF THIS INFORMATION IS NOT A REQUIREMENT.) CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 IMPLEMENTATION OF HOUSE BILL 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295. The form may be obtained and completed at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm *Please note that this form only has to be completed once the contract is awarded and before contract is executed. PART III COMPANY INFORMATION CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID Q-0719-01 BIKE LANE PROJECT BIDDERS PLEASE NOTE: ONE COPY OF THE FOLLOWING BID SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE (COMPANY INFORMATION) TWO COPIES MUST BE RETURNED TO THE PROCUREMENT SERVICES DEPARTMENT NO LATER THAN JULY 25, 2019, 2:00 P.M. CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Company Information Company Name: Address: Phone Number: Fax Number: Contact Person: E-mail Address: PART IV STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 CITY OF COPPELL, TEXAS STANDARD FIXED PRICE AGREEMENT FOR THE CONSTRUCTION OF BIKE LANE PROJECT BID NO. Q-0719-01 BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21 City of Coppell, Texas This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality (hereinafter referred to as the "Owner") and __________________________________, (hereinafter referred to as the "Contractor") for construction of __________________________________, (hereinafter referred to as the "Project"), the Owner and the Contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 THE CONTRACT 1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it. 1.2. THE CONTRACT DOCUMENTS 1.2.1 The Contract Documents consist of this Agreement, the Invitation to Bid, Requirements and Instructions to Bidders, the Specifications, the Drawings, the Project Manual, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form part of this Contract. 1.3 ENTIRE AGREEMENT 1.3.1 This Contract, together with the Contractor's performance and payment bonds for the Project, all General Conditions, Special Conditions, Plans and Specifications, and Addenda attached thereto, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor not expressly made a part hereof. 1.4 NO PRIVITY WITH OTHERS 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.5 INTENT AND INTERPRETATION 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation". 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings, the Product BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22 Data, and any Plans and Specifications, and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes any and all responsibility for inadequacies or ambiguities in the plans, drawings or specifications as well as for latent conditions of the site where the work is to be performed. 1.5.8 As between numbers and scaled measurements on the Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.6 OWNERSHIP OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Owner's prior written authorization. ARTICLE II THE WORK 2.1 The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract. 2.2 WORK 2.2.1 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance, and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: 2.2.2 The Contractor shall be responsible for paying for and procuring all materials and labor and furnishing all services necessary or appropriate for the full performance of the Work and the for the full completion of the Project. All materials shall be new and materials and workmanship shall be of good quality. Upon request, the Contractor shall furnish BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23 satisfactory proof of the type, kind, and quality of materials. ARTICLE III CONTRACT TIME 3.1 TIME AND LIQUIDATED DAMAGES 3.1.1 The Contractor shall commence the Work within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of the Work no later than one hundred and twenty (120) calendar days from the date specified in the Notice to Proceed. The parties acknowledge that time is of the essence in the performance of the terms of this Contract. The term “calendar days” shall mean any and all days of the week or month, no days being excepted. "Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." It is contemplated by the parties that the progress of the Work may be delayed by certain conditions beyond the control of the parties; these delays have been contemplated by the parties and considered in the time allotted for performance specified herein and includes, but is not limited to delays occasioned on account of adverse weather, temporary unavailability of materials, shipment delays, and the presence and potential interference of other contractors who may be performing work at the Project site unrelated to this agreement. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the "Contract Time". 3.1.2 The Contractor shall pay the Owner the sum of $250.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. if and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 3.1.3 In the event that the Contractor achieves certification of substantial completion prior to the scheduled completion date, the Owner shall pay to the Contractor the sum of $250.00 per day for each calendar day that substantial completion is certified in advance of the scheduled completion date. 3.1.4 No claim shall be made by the Contractor to the Owner, and no damages, costs or extra compensation shall be allowed or paid by the Owner to the Contractor for any delay or hindrance from any cause in the progress or completion of the Work or this Contract. The Contractor’s sole remedy in the event of any delay or hindrance shall be to request time extensions by written change orders as provided for hereinafter. Should the Contractor be delayed by an act of the Owner, or should the Owner order a stoppage of the Work for sufficient cause, an extension of time shall be granted by the Owner by written authorization upon written application, which extension shall not be unreasonably denied, to compensate for the delay. 3.1.5 The Owner shall have the authority to suspend the Work wholly or in part for such period or periods of time as it may deem appropriate due to unsuitable conditions considered unfavorable for the proper prosecution of the Work or for the failure of the Contractor to carry out instructions from the Owner or Owner’s representative. During any period in which the Work is stopped or during which any of the Work is not actively in progress for any reason, Contractor shall properly protect the site and the Work from damage, loss or harm. 3.2 SUBSTANTIAL COMPLETION 3.2.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Owner can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose, even though minor BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24 miscellaneous work and/or adjustment may be required. 3.3 TIME IS OF THE ESSENCE 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. ARTICLE IV CONTRACT PRICE 4.1 THE CONTRACT PRICE 4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of $_______________. The sum set forth in this Paragraph 4.1 shall constitute the Contract Price which shall not be modified except by written Change Order as provided in this Contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 SCHEDULE OF VALUES 5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the Owner and to the Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Architect or the Owner may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis for the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged and accepted in writing by the Architect and the Owner. 5.2 PAYMENT PROCEDURE 5.2.1 The Owner shall pay the Contract Price to the Contractor as provided below. 5.2.2 PROGRESS PAYMENTS - Based upon the Contractor's Applications for Payment submitted to the Architect and upon Certificates for Payment subsequently issued to the Owner by the Architect, the Owner shall make progress payments to the Contractor on account of the Contract Price. 5.2.3 On or before the 25th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 15th day of the month to the Architect in such form and manner, and with such supporting data and content, as the Owner or the Architect may require. Therein, the Contractor may request payment for ninety percent (90%) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work, less the total amount of previous payments received from the Owner. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Architect will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Architect shall determine and certify to the Owner the amount properly owing to the Contractor. The Owner shall make partial payments on account of the Contract Price to the Contractor within thirty (30) days following the Architect's receipt and approval of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Architect less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by this Contract. The Architect's certification of the Contractor's Application for Payment shall not preclude the Owner from the exercise of any of its rights as set forth in Paragraph 5.3 hereinbelow. 5.2.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 25 to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the Contractor or any other person or entity whatsoever. 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. In the event the Owner becomes informed that the Contractor has not paid a Subcontractor as herein provided, the Owner shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure in the future. 5.2.6 No progress payment, nor any use or occupancy of the Project by the owner, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 5.3 WITHHELD PAYMENT 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor; (b) claims of third parties against the Owner or the Owner's property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price, (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand. The Owner shall have no duty to third parties to withhold payment to the Contractor and shall incur no liability for a failure to withhold funds. 5.4 UNEXCUSED FAILURE TO PAY 5.4.1 If within fifteen (15) days after the date established herein for payment to the Contractor by the Owner, the Owner, without cause or basis hereunder, fails to pay the Contractor any amount then due and payable to the Contractor, then the Contractor may after ten (10) additional days' written notice to the Owner and the Architect, and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the Owner have been received. Late payments shall not accrue interest or other late charges. 5.5 SUBSTANTIAL COMPLETION 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall submit to the Architect a list of items to be completed or corrected. When the Architect on the basis of an inspection determines that the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26 Upon Substantial Completion of the Work, and execution by both the Owner and the Contractor of the Certificate of Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100%) of the Contract Price less three hundred percent (300%) of the reasonable cost as determined by the Owner and the Architect for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling all unsettled claims. 5.6 COMPLETION AND FINAL PAYMENT 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefor by the Architect in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum set forth hereinabove as liquidated damages per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days of the Architect's execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind. ARTICLE VI THE OWNER 6.1 INFORMATION, SERVICES AND THINGS REQUIRED FROM OWNER 6.1.1 The Owner shall furnish to the Contractor, at the time of executing this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27 Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The Owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the Project site. 6.1.2 Excluding permits and fees normally the responsibility of the Contractor, the Owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The Owner shall furnish the Contractor, free of charge, one copy of the Contract Documents for execution of the Work. 6.2 RIGHT TO STOP WORK 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, or if the best interests of the public health, safety or welfare so require, the Owner may order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that Work be resumed. In such event, the Contractor shall immediately obey such order. 6.3 OWNER'S RIGHT TO PERFORM WORK 6.3.1 If the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the Owner that the cause of such stoppage will be eliminated or corrected, then the Owner may, without prejudice to any other rights or remedies the Owner may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is insufficient to cover the amount due the Owner, the Contractor shall pay the difference to the Owner. ARTICLE VII THE CONTRACTOR 7.1 The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The Contractor shall perform the Work strictly in accordance with this Contract. 7.3 The Contractor shall supervise and direct the Work using the Contractor's best skill, effort and attention. The Contractor shall be responsible to the Owner for any and all acts or omissions of the Contractor, its employees and others engaged in the Work on behalf of the Contractor. 7.3.1 The Contractor shall give adequate attention to the faithful prosecution of the Work and the timely completion of this Contract, with authority to determine the manner and means of performing such Work, so long as such methods insure timely completion and proper performance. 7.3.2 The Contractor shall exercise all appropriate means and measures to insure a safe and secure jobsite in order to avoid and prevent injury, damage or loss to persons or property. 7.4 WARRANTY 7.4.1 The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 7.5 The Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 28 for the Work. The Contractor shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law pertaining to the Work. 7.6 SUPERVISION 7.6.1 The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the Owner or the Architect. 7.6.2 Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assume one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The Contractor, within fifteen (15) days of commencing the Work, shall submit to the Owner and the Architect for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished to the Owner and the Architect. Failure by the Contractor to strictly comply with the provisions of this Paragraph 7.7 shall constitute a material breach of this Contract. 7.8 The Contractor shall continuously maintain at the site, for the benefit of the owner and the Architect, one record copy of this Contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the Owner and Architect the approved Shop Drawings, Product Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the Owner. 7.9 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 7.9.1 Shop Drawings, Product Data, Samples and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.9.2 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data or Samples unless and until such submittal shall have been approved by the Architect. Approval by the Architect, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. 7.10 CLEANING THE SITE AND THE PROJECT 7.10.1 The Contractor shall keep the site reasonably clean during performance of the Work. Upon final completion of the Work, the Contractor shall clean the site and the Project and remove all waste, rubbish, temporary structures, and other materials together with all of the Contractor's property therefrom. Contractor shall dispose of all refuse at a Texas Natural Resource Conservation Commission approved landfill. The Contractor shall further restore all property damaged during the prosecution of the Work and shall leave the site in a clean and presentable condition. No additional payment shall be made by the Owner for this work, the compensation having been considered and included in the contract price. BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 29 7.11 ACCESS TO WORK AND INSPECTIONS 7.11.1 The Owner and the Architect shall have access to the Work at all times from commencement of the Work through final completion. The Contractor shall take whatever steps necessary to provide access when requested. When reasonably requested by the Owner or the Architect, the Contractor shall perform or cause to be performed such testing as may be necessary or appropriate to insure suitability of the jobsite or the Work’s compliance with the Contract requirements. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." 7.12 INDEMNITY AND DISCLAIMER 7.12.1 OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, DEFENDED, HELD HARMLESS AND RELEASED BY CONTRACTOR FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE CONTRACTOR, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER, WITHOUT, HOWEVER, WAIVING ANY GOVERN-MENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNI-FICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF THE CONTRACTOR’S AS WELL AS THE OWNER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE. 7.12.2 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non-contributory as to any insurance maintained by the Owner for its own benefit, including self- insurance. In addition, Contractor shall obtain and file with Owner City of Coppell a Standard Certificate of Insurance and applicable policy endorsement evidencing the required coverage and naming the Owner City of Coppell as an additional insured on the required coverage. 7.12.3 In claims against any person or entity indemnified under this Paragraph 7.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.13 NONDISCRIMINATION 7.13.1 The Contractor shall not discriminate in any way against any person, employee or job applicant on the basis of race, color, creed, national original, religion, age, sex, or disability where reasonable accommodations can be effected to enable the person to perform the essential functions of the job. The Contractor shall further insure that the foregoing nondiscrimination requirement shall be made a part and requirement of each subcontract on this Project. 7.14 PREVAILING WAGE RATES 7.14.1 The Contractor shall comply in all respects with all requirements imposed by any laws, ordinances or resolutions applicable to the Project with regard to the minimum prevailing wage rates for all classes of employees, laborers, subcontractors, BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 30 mechanics, workmen and persons furnishing labor and services to the Project. The City of Coppell has adopted a Prevailing Wage Rate Schedule, available to the Contractor by request, which specifies the classes and wage rates to be paid to all persons. The Contractor shall pay not less than the minimum wage rates established thereby for each class, craft or type of labor, workman, or mechanic employed in the execution of this Contract. The failure of the Contractor to comply with this requirement shall result in the forfeiture to the City of Coppell of a sum of not less than Sixty Dollars ($60.00) for each person per day, or portion thereof, that such person is paid less than the prevailing rate. Upon request by the Owner, Contractor shall make available for inspection and copying its books and records, including but not limited to its payroll records, account information and other documents as may be required by the Owner to insure compliance with this provision. 7.15 JOB SITE SAFETY PRECAUTIONS 7.15.1 The Contractor shall at all times exercise reasonable precautions for the safety of its employees, laborers, subcontractors, mechanics, workmen and others on and near the jobsite and shall comply with all laws, ordinances, regulations, and standards of federal, state and local safety laws and regulations. The Contractor shall provide such machinery guards, safe walk-ways, ladders, bridges, and other safety devices as may be necessary or appropriate to insure a safe and secure jobsite and shall require its subcontractors to comply with this requirement. The Contractor shall immediately comply with any and all safety requirements imposed by the Architect during the progress of the Work. 7.16 WARNING DEVICES AND BARRICADES 7.16.1 The Contractor shall furnish and maintain such warning devices, barricades, lights, signs, pavement markings, and other devices as may be necessary or appropriate or required by the Architect to protect persons or property in, near or adjacent to the jobsite, including . No separate compensation shall be paid to the Contractor for such measures. Where the Work is being conducted in, upon or near streets, alleys, sidewalks, or other rights-of-way, the Contractor shall insure the placement, maintenance and operation of any and all such warning devices as may be required by the City of Coppell and shall do so until no longer required by the City. Such devices shall be in compliance with and conform to the manual and specifications for the uniform system of traffic control devices adopted by the Texas Department of Transportation. 7.17 PROTECTION OF UTILITIES AND OTHER CONTRACTORS 7.17.1 The Contractor shall use best efforts to leave undisturbed and uninterrupted all utilities and utility services provided to the jobsite or which presently exists at, above or beneath the location where the Work is to be performed. In the event that any utility or utility service is disturbed or damaged during the progress of the Work, the Contractor shall forthwith repair, remedy or restore the utility at Contractor’s sole expense. 7.17.2 The Contractor understands and acknowledges that other contractors of the Owner or of other entities may be present at the jobsite performing other work unrelated to the Project. The Contractor shall use best efforts to work around other contractors without impeding the work of others while still adhering to the completion date established herein. In the event that the Contractor’s work is or may be delayed by any other person, the Contractor shall immediately give notice thereof to the Architect and shall request a written Change Order in accordance with the procedures set forth by this Contract. The Contractor’s failure to provide such notice and to request such Change Order shall constitute a waiver of any and all claims associated therewith. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 THE ARCHITECT 8.1.1 When used in this Contract the term “Architect” does not necessarily denote a duly licensed, trained or certified architect; as used herein, the term shall be used interchangeably and shall mean a designated Architect, Engineer, or Contract Administrator (who may not be an architect or engineer) for the Owner, said person to be designated or redesignated by the Owner prior to or at any time during the Work hereunder. The Architect may be an employee of the Owner or may be retained by the Owner as an independent contractor but, in either event, the Architect’s duties and authority shall be as BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 31 set forth hereinafter. The Contractor understands and agrees that it shall abide by the decisions and instructions of the Architect notwithstanding the contractual relationship between the Owner and Architect. All of the Owner’s instructions to the Contractor shall be through the Architect. In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement Architect and the status of the replacement Architect shall be that of the former Architect. 8.2 ARCHITECT'S ADMINISTRATION 8.2.1 The Architect, unless otherwise directed by the Owner in writing, will perform those duties and discharge those responsibilities allocated to the Architect as set forth in this Contract. The Architect shall be the Owner's representative from the effective date of this Contract until final payment has been made. 8.2.2 The Owner and the Contractor shall communicate with each other in the first instance through the Architect. 8.2.3 The Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor. 8.2.4 The Architect will review the Contractor's Applications for Payment and will certify to the Owner for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5 The Architect shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the Architect deems it necessary or advisable, the Architect shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. 8.2.6 The Architect will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents. 8.2.7 The Architect will prepare Change Orders and may authorize minor changes in the Work by Field Order as provided elsewhere herein. 8.2.8 The Architect shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records, written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9 The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Contract. 8.3 CLAIMS BY THE CONTRACTOR 8.3.1 The Architect shall determine all claims and matters in dispute between the Contractor and Owner with regard to the execution, progress, or sufficiency of the Work or the interpretation of the Contract Documents, including but not limited to the plans and specifications. Any dispute shall be submitted in writing to the Architect within seven (7) days of the event or occurrence or the first appearance of the condition giving rise to the claim or dispute who shall render a written decision within a reasonable time thereafter. The Architect’s decisions shall be final and binding on the parties. In the event that either party objects to the Architect’s determination as to any submitted dispute, that party shall submit a written objection to the Architect and the opposing party within ten (10) days of receipt of the Architect’s written determination in order to preserve the objection. Failure to so object shall constitute a waiver of the objection for all purposes. 8.3.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. 8.3.3 CLAIMS FOR CONCEALED, LATENT OR UNKNOWN CONDITIONS - The Contractor expressly represents that it has been provided with an adequate opportunity to inspect the Project site and thoroughly review the Contract Documents and plans and specifications prior to submission of its bid and the Owner’s acceptance of the bid. Subject to the BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 32 conditions hereof, Contractor assumes full responsibility and risk for any concealed, latent or unknown condition which may affect the Work. No claims for extra work or additional compensation shall be made by Contractor in connection with concealed, latent or unknown conditions except as expressly provided herein. Should concealed, latent or unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within seven (7) days after the first observance of the condition. As a condition precedent to the Owner having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed, latent or unknown condition and the Contractor thereby assumes all risks and additional costs associated therewith. 8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefor, the Contractor shall give the Architect written notice of such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional compensation. 8.3.4.1 In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's costs shall be strictly limited to direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third parties, including Subcontractors. The Owner shall not be liable to the Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the Owner. 8.3.5 CLAIMS FOR ADDITIONAL TIME - If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the Owner or someone acting in the Owner's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipated, fire or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of the Contractor to the Owner and the Architect, for such reasonable time as the Architect may determine. Any notice and claim for an extension of time by the Contractor shall be made not more than seven (7) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Project. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. The procedures and remedies provided by this provision shall be the sole remedy of Contractor and Contractor shall not assert nor be entitled to any additional delays or damages associated therewith. 8.4 FIELD ORDERS 8.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or in Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. 8.5 MEDIATION 8.5.1 In the event that a dispute arises under the terms of this Contract, following an adverse determination by the Architect and proper preservation of the issue as required herein, the parties agree to submit to mediation. In such event, the parties shall agree to a designated person to serve as mediator and each party shall be responsible for payment of one-half of the total mediation fees. The parties shall submit the dispute to mediation as soon as practical and in no event later than one (1) year after the Architect’s written decision on the matter. At least one BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 33 designated representative of each party must attend and participate in good faith in an effort to resolve the matters in dispute. 8.5.2 In no event shall the foregoing provision justify or authorize any delay in the progress of the Work; the parties shall abide by the decision of the Architect in accomplishing the timely completion of the Project. ARTICLE IX SUBCONTRACTORS 9.1 DEFINITION 9.1.1 A Subcontractor is an entity which has a direct contract with the Contractor to perform a portion of the Work. No Subcontractor shall be in privity with the Owner. 9.2 AWARD OF SUBCONTRACTS 9.2.1 Upon execution of the Contract, the Contractor shall furnish the Owner, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The Owner shall promptly reply to the Contractor, in writing, stating any objections the Owner may have to such proposed Subcontractor. The Contractor shall not enter into a subcontract with a proposed Subcontractor with reference to whom the Owner has made timely objection. The Contractor shall not be required to subcontract with any party to whom the Contractor has objection. 9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights afforded to the Owner by Subparagraph 12.2.1 below. All subcontracts shall incorporate by reference the provisions hereof and shall provide that no claims, causes or demands shall be made by any Subcontractor against the Owner. 9.2.3 The Contractor shall indemnify, defend and hold harmless the Owner from and against any and all claims, demands, causes of action, damage, and liability asserted or made against the Owner by or on behalf of any Subcontractor. ARTICLE X CHANGES IN THE WORK 10.1 CHANGES PERMITTED 10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order or by Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. 10.2 CHANGE ORDER DEFINED 10.2.1 Change Order shall mean a written order to the Contractor executed by the Owner and the Architect, issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and the Contract Time may be changed only by written Change Order. 10.3 CHANGES IN THE CONTRACT PRICE 10.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the Owner and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the Owner and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the Owner and the Contractor as contemplated in Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall then be determined by the Architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, including, in the case of an increase or decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present, in such form BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 34 and with such content as the Owner or the Architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order. Reasonable expenditures or savings shall be limited to the following: reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any expenditure or savings associated with the Contractor's home office or other non-jobsite overhead expense be included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to the Owner, payments on account shall be made to the Contractor on the Architect's Certificate for Payment. 10.3.3 If unit prices are provided in the Contract, and if the quantities contemplated are so changed in a proposed Change Order that application of such unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or to the Contractor, the applicable unit prices shall be equitably adjusted. 10.4 MINOR CHANGES 10.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the owner and the Contractor. The Contractor shall promptly carry out such written Field Orders. 10.5 EFFECT OF EXECUTED CHANGE ORDER 10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 10.6 NOTICE TO SURETY; CONSENT 10.6.1 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the Contractor's surety or by law. The Contractor's execution of the Change Order shall constitute the Contractor's warranty to the Owner that the surety has been notified of and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 UNCOVERING WORK 11.1.1 If any of the Work is covered contrary to the Architect's request or to any provisions of this Contract, it shall, if required by the Architect or the Owner, be uncovered for the Architect's inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the Architect or Owner, be uncovered for the Architect's inspection. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the Owner. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 CORRECTING WORK 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Architect as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement to the Owner for the Architect's services and expenses made necessary thereby. BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 35 11.2.2 If within one (1) year after Substantial Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the Owner. This obligation shall survive final payment by the Owner and termination of this Contract. With respect to Work first performed and completed after Substantial Completion, this one year obligation to specifically correct defective and nonconforming Work shall be extended by the period of time which elapses between Substantial Completion and completion of the subject Work. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 OWNER MAY ACCEPT DEFECTIVE OR NONCONFORMING WORK 11.3.1 If the Owner chooses to accept defective or nonconforming Work, the Owner may do so. In such event, the Contract Price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for its acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming Work. ARTICLE XII CONTRACT TERMINATION 12.1 TERMINATION BY THE CONTRACTOR 12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon ten (10) days' written notice to the Owner and the Architect, terminate performance under this Contract and recover from the Owner payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items. 12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the Architect and the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 TERMINATION BY THE OWNER 12.2.1 FOR CONVENIENCE 12.2.1.1 The Owner may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the Owner or its designee. 12.2.1.3 The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. 12.2.1.4 (a) The Contractor shall submit a termination claim to the Owner and the Architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Architect. If the Contractor fails to file BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 36 a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with subparagraph (c) below. (b) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (c) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this Contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages), provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 FOR CAUSE 12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, abandons the jobsite and fails to resume work within five (5) days of written notice thereof by the Owner, fails to grant or allow access to the jobsite by the Owner or Architect, fails to supply enough properly skilled workers, supervisory personnel or proper equipment or materials, fails to make prompt payment to Subcontractors or for materials or labor, persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a material provision of this Contract, then the Owner may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.2.2 If the unpaid balance of the Contract Price does not exceed the cost of finishing the work, including compensation for the Architect's additional services and expenses made necessary thereby, such difference shall be paid by the Contractor to the Owner. This obligation for payment shall survive the termination of the Contract. 12.2.2.3 In the event the employment of the Contractor is terminated by the Owner for cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 CONTRACTOR SHALL MAINTAIN INSURANCE 13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and/or any Additional Insured from claims which may arise out of or result from operations under this contract. The insurance required shall provide adequate protections from all claims, whether such operations be by the Contractor or by any Additional BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 37 Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them may be liable and from any special hazards, such as blasting, which may be encountered in the performance of this contract in the amounts as shown below in Paragraph 13.2.1. 13.1.2 The Contractor shall not commence work on any Contract in the City of Coppell until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the City. 13.2 TYPES AND AMOUNTS OF CONTRACTOR’S INSURANCE 13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance Amount Worker's Compensation as set forth in the Worker's Compensation Act. Commercial General $1,000,000 Each Accident/Occurrence. Liability (Public) $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate. Owner’s Protective $600,000 per occurrence Liability Insurance $1,000,000 aggregate Excess/Umbrella Liability $1,000,000 per occurrence w/drop down coverage Endorsement CG 2503 Amendment Aggregate Limit of Insurance per Project or Owner's and Contractor's Protective Liability Insurance for the Project. Automobile Liability $500,000 Combined single limit per occurrence. 13.3 ADDITIONAL INSURED The Owner shall be named as an additional insured on the Commercial General Liability (Public), Owner’s Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor. 13.4 WRITTEN NOTIFICATION Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverage, a notice there of shall be given by certified mail to the Division of Procurement Services, City of Coppell, 255 Parkway Blvd., Coppell, Texas, 75019. 13.5 PREMIUMS AND ASSESSMENTS Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. 13.6 CERTIFICATE OF INSURANCE Proof that the insurance is in force shall be furnished to the City on City of Coppell Standard Certificate of Insurance Forms. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the City of Coppell, the contractor shall furnish the City proof of identical continued coverage no later than thirty(30) days prior to the expiration date shown on the Certificate of Insurance. 13.7 PRIMARY COVERAGE The coverages provided herein shall be primary and noncontributory with any other insurance maintained by the City of Coppell, Texas, for its benefit, including self insurance. 13.8 WORKER’S COMPENSATION INSURANCE COVERAGE 13.8.1 The Contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 38 (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the Texas Worker’s Compensation Comm-ission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 39 (E) obtain from each other person with whom it contracts, and provide to the Contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by sub- paragraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. ARTICLE XIV MISCELLANEOUS 14.1 LAWS AND ORDINANCES 14.1.1 The Contractor shall at all times and in all respects observe and comply with all federal, state and local laws, ordinances, and regulations applicable to the Project and Work. The Contractor shall further insure that all Subcontractors observe and comply with said laws, ordinances and regulations. 14.2 GOVERNING LAW 14.2.1 The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Work to be performed hereunder shall be in the courts of Dallas County, Texas. 14.3 SUCCESSORS AND ASSIGNS 14.3.1 The Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the Owner. 14.4 SURETY BONDS 14.4.1 If the Contract Price exceeds the sum of $50,000.00, the Contractor shall furnish separate performance and payment bonds to the Owner, according to the requirements set out in the bid documents and state statutes to guaranty full and faithful performance of the Contract and the full and final payment of all persons supplying labor or materials to the Project. Each bond required by the bid documents or state statute shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner and authorized to do business in the State of Texas by the State Board of Insurance. 14.4.2 If the Contract Price exceeds the sum of $50,000.00, the Contractor, upon execution of the Contract and prior to commencement of the Work, shall furnish to the Owner a two-year maintenance bond in the amount of one hundred percent (100%) of the Contract Price covering the guaranty and maintenance prescribed herein, written by an approved surety authorized and duly licensed to conduct BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 40 business in the State of Texas. The cost of said maintenance bond shall be included in the Contractor’s unit bid prices and shall be paid by the Contractor. 14.5 SEVERABILITY 14.5.1 The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not be included herein. 14.6 AMENDMENTS 14.6.1 This Contract may be amended by the parties only by a written agreement duly executed by both parties. The failure of the Owner to object to any nonperformance or nonconforming work or to enforce any provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any term or provision in this Contract, nor shall such failure to object or enforce estop the Owner from insisting on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of such nonperformance or nonconforming work. 14.7 NOTICES 14.6.1 All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party or Architect at the address set forth herein or set forth in a written designation of change of address delivered to all parties and the Architect. BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 41 EXECUTED in single or multiple originals, this _____ day of ______________, 20____. CITY OF COPPELL CONTRACTOR: APPROVED: ___________________________________ _________________________________ City Manager (Signature) _________________________________ (Type/Print Name and Title) ATTEST: __________________________________ (Street Address) ___________________________________ __________________________________ City Secretary (City/State/Zip) PART V CORPORATE ACKNOWLEDGEMENT BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 42 CORPORATE ACKNOWLEDGMENT THE STATE OF ____________________ COUNTY OF ______________________ BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: _______________________________ _______________________________ (Print Name) (Print Title) of _____________________________, the Contractor designated hereinabove, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he executed the same as the act and deed of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ________________, A.D., 20__. __________________________________________ Notary Public In and For __________________County, _________________ My Commission expires: _________________ CITY MANAGER’S ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________, A.D., 20___. __________________________________ Notary Public in and for the State of Texas My Commission expires: __________________ PART VI PERFORMANCE BOND BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 43 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, TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Owner”, 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 Owner, dated the __________ day of ___________, 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 : BIKE LANE PROJECT Bid No. Q-0719-01 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 of deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 44 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the Work 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 Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statues of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas 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. PART VII PAYMENT BOND BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 45 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, TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Owner”, 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 Owner, dated the __________ day of ___________, 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 : BIKE LANE PROJECT Bid No. Q-0719-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill 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; the 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 Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statues of the State of Texas. BID Q-0719-01 BIKE LANE PROJECT CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 46 The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas 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 Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name. PART VIII BID FORM UNIT 1: TRAFFIC SIGNAL 00 42 43 Proposal Form Unit Price dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit 2 3 4 5 6 7 8 9 10 11 12 $968 SF $ $ 243 EA $ $ 418 EA $ $ 1183 EA $ $ 4 EA $ $ 91 EA $ $ 416 LF $ Coppell Bike Lanes GREEN THERMOPLASTIC PAVEMENT MARKING $ 10134 LF $ $ 948 LF $ 1 32005 LF $ $51669 LF $ $ 2909 LF $ $ 4" YELLOW DASHED THERMO PAVEMENT MARKING 4" YELLOW DOUBLE-SOLID THERMO PAVEMENT MARKING 24" WHITE SOLID THERMO PAVEMENT MARKING LANE LEGEND BIKE SYMBOL AND ARROW 4" WHITE DASHED THERMO PAVEMENT MARKING 8" SOLID WHITE THERMO PAVEMENT MARKING REFLECTIVE RAISED PAVEMENT MARKER TYPE I-C REFLECTIVE RAISED PAVEMENT MARKER TYPE II-A-A Total AmountUnitApprox. Quantity Item No. Unit Bid Price Name of Pay Item with Unit Price in Words 8" RAISED PAVEMENT MARKER LANE LEGEND BIKE SYMBOL AND ARROW WITH GREEN THERMOPLASTIC BACKGROUND 4" WHITE SOLID THERMO PAVEMENT MARKING Bid Proposal Page 1 of 3 UNIT 1: TRAFFIC SIGNAL 00 42 43 Proposal Form Unit Price Total AmountUnitApprox. Quantity Item No. Unit Bid Price Name of Pay Item with Unit Price in Words dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit 22 23 24 17 18 19 20 21 13 14 15 16 $1999 LF $ $ 10422 SF $ $ 45 SF $ $ 18 EA $ $ 9 EA $ $ 2 EA $ $ 2 EA $ $ 1 EA $ $ 5 EA $ $ 5 EA $ $ 5 EA $ 505 LF $ $ REMOVE AND REINSTALL SIGN PANEL AND POST SIDEWALK W/ INTERNAL RETAINING WALL RELOCATE SIGN LANE LEGEND ARROW FURNISH/INSTALL SIGN 8" SOLID YELLOW THERMO PAVEMENT 18" CURB AND GUTTER LANE LEGEND PED XING LANE LEGEND RAILROAD REMOVE SIGN PANEL AND POST LANE LEGEND ONLY SIDEWALK PAVING Bid Proposal Page 2 of 3 UNIT 1: TRAFFIC SIGNAL 00 42 43 Proposal Form Unit Price Total AmountUnitApprox. Quantity Item No. Unit Bid Price Name of Pay Item with Unit Price in Words dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit dollars and cents per unit 25 30 29 28 27 26 31 $ 6 MO $ $ 1 EA $ $ 1 EA $ $ 10431 SF $ $ 28 EA $ $ 3484 LF $ 801 LF $ $ CONCRETE REMOVAL EROSION CONTROL TRAFFIC CONTROL GRAND TOTAL AMOUNT BID $ BID SUMMARY $TOTAL AMOUNT BID REVEGETATION 6" PAVING REPLACEMENT 6" INTERNAL CURB ACCESSIBLE RAMP Bid Proposal Page 3 of 3 PART IX SCOPE OF WORK SCOPE OF WORK The proposed Bike Lane Project includes on-street bike lanes and off-street side paths along Moore Road, Riverchase Drive, and Fairway Drive. The Contractor shall furnish and install all materials required and furnish all necessary labor and equipment necessary for complete and finished bike lanes and side paths, ready for use and operation by the City. The work shall include restoration of all disturbed areas, adjustments to existing utilities to proposed grades, removal of existing pavement, and all appurtenant work necessary to complete the project. All work shall be completed in accordance with the Construction Documents, Technical Specifications, City Standards and Manufacturer Standards. The completed project will include all items listed in the Bid Form, illustrated on the Construction Documents and described in the Technical Specifications. PART X TECHNICAL SPECIFICATIONS DIVISION I – GENERAL REQUIREMENTS 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Summary of Work 01010-1 SECTION 01010 SUMMARY OF WORK PART I – GENERAL 1.1 Work covered by Contract Documents for the Bike Lane Project located along Moore Road, Riverchase Drive, and Fairway Drive in Coppell, Texas. A. This project shall consist of all work, complete and in place including but not limited to: Site Preparation, Grading, Utility Adjustment, Paving Replacement, Accessible Ramps, 8’ Wide Side Path, Erosion Control, Site Restoration/Revegetation to construct complete and in place the proposed bike lanes and sidepaths associated with the Bike Lane Project at Moore Road, Riverchase Drive, and Fairway Drive, in Coppell, Texas. B. All work shall comply with the Texas Accessibility Standards (TAS) of the Architectural Barriers Act Article 9102, Texas Civil Statutes, effective April 1, 1994. This standard is prepared and administered by the Texas Department of Licensing and Regulations, Policies and Standards Division, Architectural Barriers Section, PO Box 12157, Austin, Texas 78711, 920 Colorado, Fourth Floor, Austin, Texas 78701, (512) 463-3211. C. Contractor’s Duties 1. Provide and pay for: a. Labor, materials, and equipment. b. Tools, construction, equipment, and machinery. c. Other facilities and services necessary for proper execution and completion of work. 2. Owner is exempt from sales tax on products permanently incorporated into the work. Follow instructions issued by State Comptroller’s Office for purchase of such products free of tax. 3. Secure as necessary for proper execution and conditions of work: a. License/Business Registration; paid by Contractor. b. Permits/Approvals required by governing entities; paid by Contractor. 4. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work. 5. Promptly submit written notice to Owner of observed variances of Contract Documents from legal requirements. 6. Enforce strict discipline and good order among employees. Do not employ on work: a. Unfit persons. b. Persons not skilled in assigned task. 7. Checking Dimensions at Site: a. Verify measurements as necessary before ordering any materials or doing any work. b. Report any discrepancies to Owner for instructions before proceeding. 8. Approval of Working Conditions: a. Notify the Owner of any unsatisfactory condition before beginning to perform work. b. Beginning of work by Contractor shall constitute his acceptance of substrate and surface conditions. 9. Under no condition shall a portion of work proceed prior to preparatory work having been completed, cured, dried, or otherwise made satisfactory to receive such related work. 10. The Contractor shall establish and maintain his own grades, lines, levels, and bench marks. Verify all grades, lines, levels, and dimensions shown on drawings and report in writing any observed errors or inconsistencies to the Owner before beginning work. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Summary of Work 01010-2 Establish his own basic lines and grades in conformity with Owner’s permanent bench marks and coordinate systems for the construction area. 11. It is the intent of this project that all items of work include the materials, standards, trades, procedures, etc., customarily associated with the items of work, whether or not such materials, standards, trades, procedures, etc., are expressly stated. In case of ambiguity, unclearness, or conflict in these Construction Documents, the matter shall be promptly submitted in writing for determination by the Owner. The Owner will render in writing a clarification reasonably inferable from these Documents and consistent with the intent of this proposed work. 12. Contractor shall employ only experienced and qualified workers and subcontractors. 1.2 Contracts A. Perform work under Lump Sum Contract 1.3 Conditions of the Contract A. The following Special Conditions also shall govern the work under each Section in the Technical Requirements. 1. Uninterrupted Operations. Work on this Project shall not interrupt or compromise the routine operations of the Owner unless specifically authorized by the Architect/Engineer. 2. Experienced Supervision. Employ a competent Supervisor for work on this Project, approved by the Owner, skilled in coordination of the trades involved and the type of scheduling required by a project of this nature. Replace approved Supervisor only with the permission of the Owner. 3. Contract Administration. The Architect/Engineer has the authority to act on behalf of the Owner to the extent provided for in the Contract Documents, unless otherwise modified by written instrument which will be shown to the Contractor at his request. All instructions affecting Contract Sum, Contract Time, or Contract interpretations shall be confirmed expeditiously in writing only by owner, with copies furnished to the Owner’s designated representative and the Contractor by the party issuing the instructions. 4. Conduct of the Contractor a. Type of Dress: 1.) Workmen must wear shirts at all times. 2.) Wearing apparel that portrays obscene or vulgar language and/or art work is prohibited. b. Alcoholic Beverages and other Drugs: 1.) Alcoholic beverages and other drugs will not be permitted on the property of the Owner. 2.) Persons under the influence of alcoholic beverages and/or any other drug are prohibited from the Project. c. Obscenity: 1.) The Owner reserves the right to require dismissal from the Project of any person using obscene gestures. d. Portable Radios and Other Sound-Producing Devices: 1.) Hold the volume of portable radios or other sound-producing devices to such a level so that individuals not related to the construction are not disturbed. 2.) Do not broadcast obscenity. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Summary of Work 01010-3 1.4 Contractor Use of Premises A. Confine operations at site to areas permitted by: 1. Law. 2. Ordinance. 3. Permits. 4. Contract Documents. B. Limit use of site and premises to allow: 1. Uninterrupted Owner activity where required for Owner’s business purposes. 2. Work by Others and Work by Owner. 3. Use of site and premises by public where required for Owner’s business purposes. C. Construction Operations: 1. Yard Operations and/or New Construction: Limited to areas noted on Drawings unless specifically approved otherwise by the Owner. 2. Protection: a. Take over and assume responsibility for the premises necessary for each portion of the Work. Provide and maintain all protections required by governing laws, regulations, and ordinances. Be responsible for any loss or damage caused by workmen to the property of the Owner or to the work or materials installed. Make good any loss, damage, or injury without cost to the Owner. b. The protection of adjacent property shall include, but will not necessarily be limited to, the erection and maintenance of shoring, underpinning, and fences as necessary to protect and to support existing work to be left in place. c. Protect against damage to all trees and all shrubs on the site which do not have to be removed for the Work. Remove or trim any tree or shrub only with the written approval of the Owner. d. Send proper notices, make necessary arrangements, and perform other services required for the care, protection, and maintenance of utilities, including fire hydrants, piping, wires, and all other such items on and around the building site. e. At no additional cost to the Owner, hold the Owner harmless from, and make good, any damage occurring as a result of the Contractor’s failure to provide required protection. f. Provide a temporary chain link construction fence with lockable gates. 3. Other: a. No fires on the site. b. No dumping on the Owner’s property. c. Do not unreasonably encumber site with materials or equipment. d. Assume full responsibility for protection and safekeeping of products stored on premises. e. Obtain and pay for use of additional storage or work areas needed for operations. 1.5 Concealed Piping and Conduit A. Should active piping or conduit be encountered below grade or concealed by existing construction and be found at variance with the conditions indicated by the Drawings and Specifications, relocate such piping and/or conduit as directed by the Owner. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Summary of Work 01010-4 PART II – PRODUCTS Not used. PART III - EXECUTION 3.1 Cleaning Up A. Contractor shall clean the work area at the end of each work day. END OF SECTION 01010 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Contract Considerations 01020-1 SECTION 01020 CONTRACT CONSIDERATIONS PART 1 – GENERAL 1.1 GENERAL REQUIREMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.2 SECTION INCLUDES A. Application for Payment B. Proposal Request (Changes) C. Landscape Architect/Engineer’s Supplemental Instructions D. Request for Interpretation 1.4 APPLICATION FOR PAYMENT A. At least ten days before each progress payment falls due, the Contractor shall submit to the Landscape Architect/Engineer a notarized, itemized Application For Payment, of 90 percent of the value of labor and materials incorporated in the Work and of all stable materials suitably stored at the site or at some other location agreed upon in writing, to and including the last day of the proceeding month, less the aggregate total of all previous payments, provided the aggregate total of all monthly payments shall not exceed 90 percent of the contract price. Applications for payment shall be supported by data substantiating the Contractor’s right to payment as the Owner or the Landscape Architect/Engineer may require. 1.5 CHANGE PROCEDURE A. Proposal Request: The Architect/Engineer may issue a Proposal Request during the course of the Work. A Proposal Request is a description of a change in the Work under Contract such as additional work or revisions to work already completed, work not yet started or work in progress. The Proposal Request is issued to obtain a mutually accepted lump sum for the Work described, add, deduct or no change. B. The Contractor shall promptly submit to the Landscape Architect/Engineer his completed Proposal, properly itemized and supported by sufficient substantiating data to permit evaluation. C. The Contractor shall not proceed with the Work described in a Proposal Request until the Proposal has been evaluated, found to be fair and equitable by the Architect/Engineer, presented to the Owner for approval and authorized in writing or issued in a Change Order. The Contractor upon issuance of a Proposal Request shall make every attempt to not install items of work that are affected by the Proposal and will notify the Landscape Architect/Engineer of any and all items that cannot be postponed. D. Unless agreed otherwise, two weeks shall be allowed for evaluation by the Landscape Architect/Engineer. If in the opinion of the Landscape Architect/Engineer a Proposal is not found to be fair and equitable, the Contractor will reevaluate the cost and no additional cost or time extension will be considered for the time required for the reevaluation. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Contract Considerations 01020-2 E. Two weeks will be required to issue authorization to proceed after the Proposal Request is found to be fair and equitable. The Contractor's Proposal must be valid for the four weeks stated above unless agreed otherwise. 1.6 LANDSCAPE ARCHITECT/ENGINEER’S SUPPLEMENTAL INSTRUCTIONS A. Landscape Architect/Engineer’s Supplemental Instructions are issued for work that is not described in sufficient detail or is generally stated but not specifically described to the extent required for the exact construction of such items. This information shall be issued to the Contractor(s) in the form of Landscape Architect/Engineer’s Supplemental Instructions (A.S.I.), AIA Document G710 and shall be considered a minor change in the Work. B. Should the Contractor consider Landscape Architect/Engineer’s Supplemental Instructions an item to be a change in the Contract Documents, he may notify the Landscape Architect/Engineer in writing of the items in dispute and include the actual cost increase or decrease associated with each item. C. Claims by the Contractor for additional cost, in response to a Landscape Architect/Engineer’s Supplemental Instruction, must be received by the Landscape Architect/Engineer within 20 days after the posted date on the A.S.I. or claims will not be considered. Proceeding with work described in an A.S.I. shall constitute waiver of rights to claims. 1.7 REQUEST FOR INTERPRETATION A. Request for Interpretation (R.F.I.) shall be submitted to the Landscape Architect/Engineer in written form conforming to the following: 1. Each R.F.I. shall be numbered, as for referencing and entering into a log which shall be kept by the Construction Manager and the Landscape Architect/Engineer. 2. R.F.I.’s shall have a designated space titled Category. The Contractor shall enter the proper Category No. in this space, which will identify the urgency of the R.F.I., as shown below: a. Category 1 - an emergency and requires an answer in 24-48 hours or work will stop. b. Category 2 - a normal request and requires a five (5) working day response. c. Category 3 - is low priority and requires an answer within 2-4 weeks. 3. The R.F.I. log shall be reviewed during each progress meeting and any problems discussed. END OF SECTION 01020 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Coordination and Meetings 01039-1 SECTION 01039 COORDINATION AND MEETINGS PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.2 SECTION INCLUDES A. Coordination B. Cutting, Patching and Touch-up C. Pre-Construction Conference D. Progress Meetings 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B. Verify utility requirement characteristics of operating equipment are compatible with building utilities. C. Coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable. D. In finished areas, conceal pipes, ducts, and wiring within the construction. 1.4 CUTTING, PATCHING AND TOUCH-UP A. Employ skilled and experienced installers to perform cutting and patching of new and existing Work; restore Work with new Products. B. Establish elevations, lines, and levels and certify that elevations and locations of the Work conform to Contract Documents. C. Execute fitting and adjustment of products to provide finished installation to comply with specified tolerances and finishes. Fit Work tight to adjacent elements. Maintain integrity of wall, ceiling, or floor construction; completely seal voids. D. Execute cutting and demolition by methods that will prevent damage to other work and will provide proper surfaces to receive installation of repairs and new work. E. Restore work that has been cut or removed; install new products to provide completed work in accordance with requirements of Contract Documents. F. Refinish entire surfaces to match adjacent finishes to the nearest intersections. Refinish assemblies entirely. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Coordination and Meetings 01039-2 G. Execute excavating and backfilling by methods that will prevent damage to other work and will prevent settlement. 1.5 PRE-CONSTRUCTION CONFERENCE A. Prior to the start of the Work of this Contract, the Contractor, the Landscape Architect/Engineer and the Owner’s Representative will meet for the purpose of reviewing schedules and conditions of the buildings and site. B. The location and date of the Pre-Construction Meeting will be scheduled after the Award of Contract to all effected parties. C. Pre-Construction Conference Agenda: 1. Introduction of Key Personnel. 2. Dates will be selected for meetings. 3. All required contract forms, bonds and insurance will be reviewed. 4. Schedules and Submittal Process will be reviewed. 5. Use of Site. 6. Contractor questions. 1.6 PROGRESS MEETINGS A. Weekly Job Site Progress Meeting Agenda (Owner/Contractor): 1. Monitor the progress of construction. 2. Discuss any coordination issues. 3. Discuss any RFI’s. 4. Discuss any shop drawing issues. 5. Discuss questions from subcontractors. 6. Confirm next week meeting date and time. B. Monthly (Six Meetings Total) Job Site Progress Meeting Agenda (Owner/Contractor/Landscape Architect/Engineer): 1. Review Project Schedule: An up-to-date project schedule shall be submitted at each monthly meeting. Review list of construction items to be observed before being covered or completed. 2. Review detailed 3 week look ahead. 3. Review Record Set of Drawings: Record set of drawings must be kept current with any changes to utilities, partitions, etc. 4. Review Pay Request: Submit six (6) rough-draft copies of the pay request for review. Corrections must be made on the rough-draft copies and four (4) corrected, notarized, and signed copies shall be sent to the Landscape Architect/Engineer for Certification. Three copies shall be sent to the Owner for processing. 5. Review overall safety and Trench Safety Report. 6. Discuss any coordination issues. 7. Discuss any RFI’s. 8. Discuss any shop drawing issues. 9. Discuss any weather days or anticipated delay days. 10. Discuss questions from subcontractors. 11. Confirm next month meeting date and time. 10 Submit Daily Activity Reports. END OF SECTION 01039 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Submittals 01300-1 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.2 SECTION INCLUDES A. Submittal Procedures B. Schedules C. Reports, Warranties, Certificates and Manuals D. Schedule of Submittals E. Construction Schedule 1.3 SUBMITTAL PROCEDURES A. Provide all product submittals within 15 days of contract award. B. Submit shop drawings and product data in the quantity as required by the various sections of the Specifications or if not specified, submit three copies for the use of the Landscape Architect/Engineer, plus the number of copies the contractor’s needs may dictate. In no case shall fewer than seven copies be submitted. All submittals, regardless of the source of origin, shall be submitted via the General Contractor. C. For each product specified or noted on the Drawings, submit six copies of product data with installation directions as applicable to the construction requirements of this project, together with any required samples for approval. Shop drawings and product data shall be submitted within 30 days of Notice to Proceed. D. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. E. Apply Contractor’s stamp, signed or initialed certifying that review for verification of product required, field dimensions, adjacent construction Work and coordination of information, is in accordance with the requirements of the Work and Contract Documents. F. Provide space for Contractor and Landscape Architect/Engineer review stamps. G. Revise and resubmit submittals as required; identify all changes made since previous submittal. H. Submittals shall be executed in sufficient time to allow at least three weeks for each review by the Landscape Architect/Engineer. I. Each product submitted shall be submitted with it's own transmittal form, stating the product name, manufacturer and related specification section. Number each submittal consequently in order of submission (1, 2, 3, etc.), also reference the Project Manual specification number for the submittal 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Submittals 01300-2 identity. (example: 07270- 1 for the first submittal for Firestopping and 07270-2 for the second item submitted under the same section). Revised submittals should have original number and a sequential alphabetic suffix. (example: 1A for a revised submittal). 1.4 SCHEDULES A. The following schedules must be prepared and submitted to the Landscape Architect/Engineer for approval within twenty (20) calendar days (unless noted otherwise) after date of Owner-Contractor Agreement. Failure to submit any of the following items to the Landscape Architect/Engineer within the time allotted shall be grounds for withholding Contractor’s Certificate for Payment. 1. List of Subcontractors and Suppliers, including category of work, contact name, address, and telephone number. 2. 24 Hour Emergency Contact Numbers for: a. Contractor b. Major Sub-Contractors 3. Construction Schedule. Refer to Paragraph 1.7 below. 4. Cash flow schedule of anticipated amount of monthly estimates. 5. Schedule of Submittals. 6. Requests for Substitutions: Submit within 30 days, in accordance with Section 01600, Paragraph 1.5. 7. Schedule of Operation and Maintenance Data for Manuals. Refer to Section 01700, Paragraph 1.7. 1.5 REPORTS, WARRANTIES, CERTIFICATES AND MANUALS A. Warranties: 1. On all materials for a period of one year or as per the maintenance bond and as required by various specification sections. 2. For General Contractor and roofing subcontractor on roofing. 3. Warranty on wood and veneered fire doors. B. Special warranties in conjunction with mechanical equipment. C. Test reports and certificates in conjunction with electrical equipment. D. City of Coppell Certificates: 1. Electrical inspector’s certificate for compliance with city requirements. 2. Plumbing inspector’s certificate for compliance with city requirements. 3. Fire department inspector's certificate for occupancy. 4. Building department certificate for occupancy. 5. Provide as required by the City of Coppell Building Inspection Department a letter of certification from an independent, registered surveyor verifying that the accepted grading plan has been accomplished. E. Operation and Maintenance Manuals. Refer to Section 01700, Paragraph 1.7. F. Concrete Design and Test Reports: 1. In conjunction with concrete paving. 2. In conjunction with structural concrete. 3. Earthwork and Compaction. 4. Leakage and pressure. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Submittals 01300-3 1.6 SCHEDULE OF SUBMITTALS A. Provide list of all items requiring shop drawings, product data or samples. B. Organize list by specification sections, and provide exact break down of phased portions of work. C. Provide proposed date for each initial submittal. Allow sufficient time as may be required for resubmittals. 1.7 CONSTRUCTION SCHEDULE A. The Construction Schedule shall be prepared in the form of a bar graph, identifying the first work day of each week and provide dates for completion of phases in the various categories of the work. B. Revise and resubmit as required. Submit revised schedule with each Application for Payment. C. The purpose of the Construction Schedule shall be to allow the Owner and Landscape Architect/Engineer to evaluate the Contractor’s performance and adherence to the schedule on a monthly basis along with the Contractor’s Application for Payment. D. Liquidated Damages will be paid by the Contractor to the Owner at a rate of one thousand dollars ($1000.00) for each and every calendar day that actual Substantial Completion exceeds the time for Final Completion authorized under the terms of this Contract. END OF SECTION 01300 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Shop Drawings, Product Data and Samples 01340-1 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES PART 1 - GENERAL 1.1 REQUIREMENTS INCLUDED A. Submit to the Landscape Architect/Engineer shop drawings, product data, and samples required by specification sections. 1.2 SHOP DRAWINGS A. Prepared by a qualified detailer. B. Identify details by reference to sheet and detail numbers shown on Contract Documents. C. Shop Drawings shall be submitted only to clarify, amplify, or revise information shown or called for in the contract documents. 1.3 PRODUCT DATA A. Manufacturer’s standard schematic drawings and diagrams: 1. Modify drawings to delete information which is not applicable to the work. 2. Supplement standard information to provide additional information specifically applicable to the work. B. Manufacturer’s catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data: 1. Clearly mark each copy to identify pertinent materials, products or models. 2. Show dimensions and clearances required. 3. Show performance characteristics and capacities. 4. Show wiring or piping diagrams and controls. 1.4 SAMPLES A. Office samples shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of product or material, with integrally related parts and attachment devices. 2. Full range of color samples. B. Field Samples and Mock-ups: 1. Erect at project site at location acceptable to Landscape Architect/Engineer. 2. Construct each sample or mock-up complete, including work of all trades required in finish work. 3. Contractor shall provide mock-up of bike lanes and cycle-track areas with spray paint for review by City staff and Landscape Architect/Engineer, a minimum of 48 hours prior to striping. 1.5 SUBMISSION REQUIREMENTS A. Submit shop drawing and product data as soon as practicable after award of contract but not later than 30 days before dates reviewed submittals will be needed. B. Submit all office samples as soon as practicable but not later than 30 days after award of contract in order to facilitate color selections and coordination of the various materials. Final color 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Shop Drawings, Product Data and Samples 01340-2 selections and release of shop drawings contingent upon color selection will not be made until all office samples have been submitted, coordinated, and approved. C. Number of submittals required: 1. Shop Drawings: Submit six prints and one sepia only of each shop drawing, unless otherwise indicated. 2. Product Data: Submit six copies of product data. 3. Samples: Submit the number stated in each specification section, minimum of three samples for each item. D. Submittals shall include: 1. Date and revision dates. 2. Project title and number. 3. Names of Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product or material and specification section number. 5. Relation to adjacent structure, materials or other critical features. 6. Field dimensions, clearly identified as such. 7. Applicable reference standards. 8. A blank space 4” x 8” for Landscape Architect/Engineer’s stamp. 9. Other pertinent data required by specifications. 10. Identification of variation from contract documents. 11. Contractor’s stamp, initialed or signed, certifying to review of submittal, verification of field measurements, compliance with contract documents, and coordination with requirements of the work. Note: Absence of the Contractor’s stamp shall constitute grounds for rejection of the submittal until such time as the submittal has been processed in accordance with this requirement. 1.6 RESUBMISSION REQUIREMENTS A. Resubmission: Make corrections and changes in submittals required by Landscape Architect/Engineer and resubmit until approved. B. Shop Drawings: 1. Revise initial drawings and resubmit as specified for initial submittal. 2. Indicate on drawings any changes which have been made, other than those requested by Landscape Architect/Engineer. C. Product Data and Samples: Submit new data and samples as specified for initial submittal. 1.7 DISTRIBUTION OF SUBMITTALS AFTER REVIEW A. Distribute reviewed copies of shop drawings and product data which carry Landscape Architect/Engineer’s stamp as follows: 1. Job Site File. 2. Record Documents File. 3. Other affected contractors. 4. Subcontractors. 5. Supplier or Fabricator. Landscape Architect/Engineer will retain three (3) copies: one for his file, one for his consultants, and one for the owner. END OF SECTION 01340 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Testing Laboratory Services 01410-1 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.2 SECTION INCLUDES A. Provide such other testing and inspecting as are specified to be furnished by the Contractor in this Section and/or elsewhere in the Contract Documents. B. Where no testing requirements are described, but the Owner decides, that testing is required, the Owner may require such testing to be performed under current pertinent standards for testing. Payment for such testing will be made as described in Paragraph 1.3. 1.3 PAYMENT FOR TESTING A. Initial Testing: The Owner will select a pre-qualified independent testing laboratory. Payment for all initial services of the testing laboratory, and testing as deemed necessary by the Owner and Consultant will be paid by the contractor through the testing allowance. B. Retesting: When initial testing indicates non-compliance with the Contract Documents, subsequent retesting required by the non-compliance shall be performed by the same testing agency, and costs thereof will be paid by the Contractor deducted by the Owner from the Contract Sum. C. In the event an area is not ready for testing. Any charges for trip changes will be the responsibility of the Contractor. 1.4 LABORATORY DUTIES A. Cooperate with Landscape Architect/Engineer and Contractor; provide qualified personnel after due notice. B. Perform specified inspections, sampling and testing: 1. Comply with specified standards. 2. Ascertain compliance of materials and work procedures with requirements of Contract Documents. C. Promptly notify Landscape Architect/Engineer and Contractor of observed irregularities or deficiencies of work or products. D. Promptly submit written report of each test and inspection; one copy each to Owner, Contractor and Engineer, and two copies to Landscape Architect/Engineer and City of Coppell Building Inspector. Each report shall include: 1. Date issued. 2. Project title and number 3. Testing laboratory name, address and telephone number. 4. Name and signature of laboratory inspector. 5. Date and time of sampling or inspection. 6. Record of temperature and weather conditions. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Testing Laboratory Services 01410-2 7. Date of test. 8. Identification of product and specification section. 9. Location of sample or test in the Project. 10. Type of inspection or test. 11. Interpretation of test results, when requested by Landscape Architect/Engineer. E. Perform additional tests as required by Landscape Architect/Engineer of the Owner. 1.5 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents. 2. Approve or accept any portion of the Work. 3. Perform any duties of the Contractor. 4. Stop the Work. 1.6 CONTRACTOR’S RESPONSIBILITIES A. Schedule all testing with laboratories. B. Cooperate with laboratory personnel, provide access to Work. C. Furnish copies of Products tests reports as required. D. Furnish incidental labor and facilities: 1. To provide access to Work to be tested. 2. To obtain and handle samples at the Project site. 3. To facilitate inspections and tests. 4. For storage and curing of test samples. E. Notify Landscape Architect/Engineer and Laboratory 24 hours prior to expected time for operations requiring inspection and testing services. F. Payment for all retesting required because of non-conforming work of materials and for calls for inspection when work is not ready for testing. 1.7 SCHEDULE OF INSPECTIONS AND TESTS A. Section 02200 – Earthwork (refer to Specifications) 1. Tests and analysis of fill material will be performed in accordance with ANSI/ASTM D698. 2. Frequency of Tests: Field density tests should be taken as each lift of fill material is placed. As a guide, one field density test per lift for each 5,000 square feet of compacted area is recommended. For small areas or critical areas the frequency of testing may need to be increased to one test per 2,500 square feet. A minimum of two tests per lift should be required. B. Section 03200 – Concrete Reinforcement 1. Prior to each concrete pour, inspect reinforcing sizes, bending of bars, quantities, spacing, placement, clearance of reinforcing from forms and tying in accordance with the Contract Documents and ACI 315. 2. Inspect support and securement of reinforcing. 3. Inspect condition of reinforcing. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Testing Laboratory Services 01410-3 4. Prior to each concrete pour, inspect positioning of steel inserts and assemblies, sizes and spacing of reinforcement and inspect fusion-welded anchors and sheer connectors. C. Section 03310 - Cast-In-Place Concrete 1. Sample Cylinders: During the progress of the work, test cylinders shall be made from each different mix. Four compression test cylinders will be taken during the pour for every pour of 100 cubic yards or part thereof. One tested at 7 days, two tested at 28 days, and one retained in reserve for further testing. 2. Make a slump test in accordance with ASTM C-143 slump shall be a minimum of 4 inches to a maximum of 6 inches for each 60 cubic yards, or portion thereof, of concrete placed. 3. If tests of concrete do not meet the specified strength, coring shall be required. All coring shall be at the Contractor’s expense. 4. Testing and coring shall be in compliance with ACI, Section 301. 5. Mix design: The Contractor shall submit a concrete mix design for approval. END OF SECTION 01410 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Construction Facilities and Temporary Controls 01500-1 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.02 SECTION INCLUDES A. Security B. Protection of Completed Work C. Water Control D. Use of Site E. Temporary Controls F. Project Identification and Signs G. Field Offices and Sheds H. Removal of Utilities I. Fire Protection J. Protection of Trees and Vegetation K. Traffic Control 1.3 SECURITY A. Protection of the property at all times is the responsibility of the Contractor, as well as replacement of any loss due to thieves or damage by vandals. 1.4 PROTECTION OF COMPLETED WORK -DAMAGED ITEMS A. The Contractor shall be fully responsible for the protection of all items, finishes, etc., from the time they are delivered to or installed in the Work, until finished work is turned over to the Owner. Whenever such items, finishes, etc., are damaged, they shall be completely replaced, including all required removal work, patching, repairing, refinishing, and reinstallation as required to turn item over to Owner in new condition. 1.5 WATER CONTROL A. Provide pumps, piping, fittings, hose, trenching, sumps, etc., as required to control and remove surface and subsurface water from excavation and the site. Dispose of water in accordance with E.P.A. storm water management for construction activities #482N. 1.6 USE OF SITE 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Construction Facilities and Temporary Controls 01500-2 A. The Contractor will be responsible for protection of the Owner's property, including all adjacent structures, trees and shrubs. B. Temporary toilets may not be located in the construction area. C. The Contractor shall limit access to construction areas with the use of temporary fencing and barricades. D. Prior to construction, inspect all areas of the site to be used including adjacent landscaping and irrigation, etc and prepare a photographic record of the conditions. As a part of the Work of this contract the site will be restored to its previous condition. All damaged in the proximity of the construction area, not represented by the photographic survey shall be repaired to “like new condition.” 1.7 TEMPORARY CONTROLS A. Temporary Services and Utilities: 1. Contractor shall pay for utilities and water for the project during the construction period. Contractor to arrange and pay for all other services and utilities required and all deposits therefore, including but not limited to telephone, service, during the construction period. 2. Provide and maintain in a neat and sanitary condition such toilet accommodations for use of employees as may be necessary to comply with requirements and regulations of the City and State Department of Health, or other “authorities” having jurisdiction. Permanent toilets within adjacent buildings shall not be used by employees. Maintain temporary toilet facilities on the site until final acceptance of Work, unless permission is given by the Landscape Architect/Engineer for earlier removal. 3. Contractor shall coordinate for temporary electrical service and pay all costs. 4. Contractor to use all water through City water meter and pay all installation costs. 5. Water will be free for construction use. Contractor shall not waste or let water run. 1.8 PROJECT IDENTIFICATION AND SIGNS A. No signs or advertising of any kind will be permitted without the approval of the Owner. B. Project signs or other signs or advertising of any kind will not be permitted. 1.9 FIELD OFFICES AND SHEDS A. A field office is not required for this project. The Contractor shall provide contact information for the project superintendent who will be available during working hours. 1.10 REMOVAL OF UTILITIES A. Should active piping or conduit be encountered below grade within the construction site and be found at variance with the known conditions indicated by the Drawings and Specifications, relocate piping or conduit as directed by the Landscape Architect/Engineer. Provide temporary support of active piping and conduit encountered in the excavations until permanent support or removed is accomplished. Cut off, and cap or plug abandoned lines at least 3 feet outside the building lines. In all cases, conform to the applicable requirements of the locality or governing agency. 1.11 FIRE PROTECTION 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Construction Facilities and Temporary Controls 01500-3 A. All contractors and subcontractors shall observe and the General Contractor shall enforce throughout the work, during the whole period of construction all requirements of the City, State and Insurance Authorities, to minimize the fire hazards during the progress of the work. In addition, the General Contractor shall post signs and warnings and insure the following requirements are met: 1. Combustible refuse shall be removed from the project site daily. 2. Storage of materials at the project site shall be restricted to fireproof areas with no- smoking signs posted. 3. No oils, gasoline or other volatile liquids shall be stored at the project site. 4. Provide metal canisters with covers for storage of paint contaminated and oil waste materials. 5. During all welding operations, a safety man with a fire extinguisher shall be on hand at all times to control any fire that may result from welding operations. 6. Burning of trash and excess materials on the premises is prohibited. No fires, including roofer's kettles, will be permitted within 40 feet of the buildings, sheds, shrubs or other material subject to fire, heat or smoke damage. The Contractor shall be solely responsible for any loss resulting from any fires. 1.12 PROTECTION OF TREES AND VEGETATION A. The Contractor shall be fully responsible for the protection of all trees and vegetation to remain and/or not in the footprint of the designed facility. The Contractors failure to comply with the following will cause for the Owner to shut the project down at the Contractor’s expense: 1. Contractor will be required to install (and maintain throughout construction) protective fencing at least 10’ outside the drip line of all trees to remain. 2. Parking vehicles under trees will not be permitted. The Contractor will be fined $100.00 for each violation, which will be deducted from the contract amount by Change Order. 3. All branches that interfere with construction activity shall be temporarily tied back to prevent damage. Branch removal is permitted only as approved by the Landscape Architect/Engineer. 4. Tree damage will be assessed from the International Shade Tree Conference formula, D (diameter of tree measured 12” above ground) x 0.7854 x $36.00. Total damages will be deducted from the contract amount by Change Order. 5. Trenching for utilities in wooded areas must be staked and approved by Owner prior to construction. The Owner reserves the right to adjust line locations to avoid damage to existing trees. 6. Where plans call for disturbance of the root system of existing trees, roots must be pruned (by machine manufactured for that purpose) prior to any other construction activity. Immediately after excavation, exposed roots must be immediately covered with a finely shredded mulch and kept moist until backfilling is complete. 1.13 TRAFFIC CONTROL A. Prior to installation of the drive approach(es) or other improvement or alteration of public street, the contractor shall submit to the City or County having jurisdiction for review and approval, a traffic control plan that complies with their requirements. Contractor shall erect, maintain and remove such traffic controls as required by the authority having jurisdiction. END OF SECTION 01500 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Project Signs 01580-1 SECTION 01580 PROJECT SIGNS PART 1 - GENERAL 1.1 REQUIREMENTS INCLUDED A. Furnish, install and maintain project identification sign. B. Provide temporary on-site informational signs to identity key elements of construction facilities. C. Remove signs on completion of construction. D. Allow no other signs to be displayed without owner’s permission. 1.2 PROJECT IDENTIFICATION SIGN A. Three (3) painted signs of size, lettering, and construction shown in the specifications. Locate on site as directed by Owner (Owner/Consultant will provide a PDF for fabricator’s use). 1.3 INFORMATIONAL SIGNS A. Painted signs with painted lettering, or standard products. 1. Size of signs and lettering: as required by regulatory agencies or as appropriate to usage. 2. Colors: As required by regulatory agencies, otherwise of uniform colors throughout Project. B. Erect at appropriate locations to provide required information. 1.4 QUALITY ASSURANCE A. Sign painter: Professional experience in type of work required. B. Finishes and Painting: Adequate to resist weathering and fading for scheduled construction period. PART 2 - PRODUCTS 2.1 SIGN MATERIALS A. Structure and Framing: New, wood or metal, in sound condition, structurally adequate to work and suitable for specified finish. B. Sign Surfaces: Exterior softwood plywood with medium density overlay, standard large sizes to minimize joints. 1. Thickness: 3/4” exterior grade ND face veneers. C. Paint: Exterior quality, [as specified in Section 09910]. 1. Use Bulletin colors for graphics. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Project Signs 01580-2 2. Colors for structure, framing, sign surfaces and graphics: as selected by Landscape Architect/Engineer. PART 3 - EXECUTION 3.1 PROJECT IDENTIFICATION SIGN A. Paint exposed supports, framing and surface material; one coat of primer and two coats of exterior paint. B. Paint graphics in styles, sizes and colors as selected. 3.2 INFORMATIONAL SIGNS A. Paint exposed surfaces; one coat primer and one coat of exterior paint. B. Paint graphics in styles, sizes and colors as selected. C. Install at a height for optimum visibility, on ground-mounted poles or attached to temporary structural surfaces. 3.3 MAINTENANCE A. Maintain signs and supports in a neat, clean condition; repair damages to structure, framing or sign. B. Relocate informational signs as required by the progress of the Work. 3.4 REMOVAL A. Remove signs, framing, supports and foundations at completion of Project. END OF SECTION 01580 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Materials and Equipment 01600-1 SECTION 01600 MATERIALS AND EQUIPMENT PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.2 SECTION INCLUDES A. Products B. Transportation and Handling, Storage and Protection C. Substitutions D. Manufacturer’s Directions E. Color Schedule 1.3 PRODUCTS A. Products include new material, machinery, components, equipment, fixtures, and systems forming the Work, but do not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components specifically identified for reuse. 1.4 TRANSPORTATION AND HANDLING A. Transport, handle, store and protect Products in accordance with manufacturer's instructions. B. Materials shall be new, delivered and stored in authorized locations in unopened containers and in ample quantity to prevent delay. Ordering of materials shall be made well in advance so as not to hinder the progress of work. Grade marks, labels, etc. shall be kept readable. 1.5 SUBSTITUTIONS A. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. B. The details on the Drawings and the requirements of the Specifications shall be based on the first listed materials, products or equipment in the Contract Documents. All other products will be considered substitutions. If the Contractor desires to use any of the other listed materials, products or equipment other than that listed first or if the Contractor substitutes a material, product or equipment, the Contractor alone shall be responsible for the correct function, operation and accommodation of the other materials, products or equipment into the spaces allotted on the Drawings. C. The “listing” of a manufacturer does not imply “acceptance” or “approval” of any standard product of that manufacturer. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Materials and Equipment 01600-2 D. Limitations of Substitutions: 1. Substitutions will not be considered when indicated or implied on shop drawings or product data submittals by subcontractor or supplier, or when acceptance will require substantial revision of Contract Documents. 2. Substitute product shall not be ordered or installed without written acceptance. 3. Only one request for substitution for each product will be considered. If substitution is not accepted, Contractor shall provide specified product. 4. Landscape Architect/Engineer will determine acceptability of substitutions and the Landscape Architect/Engineer's decision of approval or disapproval of a requested substitution shall be final. 5. All proposed substitutions shall be submitted to the Landscape Architect/Engineer for approval prior to bid opening. E. Whenever, in any of the Contract Documents, any material, product or equipment is defined through the use of any federal association or other standard specification, the Contractor shall present satisfactory evidence of compliance with the particular specification for the material, product or equipment he proposes to furnish. F. Request for Substitution Submittal Procedures: 1. No substitution will be considered unless three copies are submitted on General Contractor’s Request for Substitution Form (see Section 01630-3 and 01630-4). 2. Request for Substitution during the bidding period: a. Substitutions shall be submitted to the Landscape Architect/Engineer at least ten days prior to the date for receipt of bids by the General Contractor. b. If the Landscape Architect/Engineer approves a proposed substitution prior to receipt of bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. 3. Request for Substitution after award of contract: a. Substitutions shall be submitted to the Landscape Architect/Engineer within at least 30 (thirty) calendar days after the award of contract. No substitutions will be considered after that time and the Contractor must provide the specified product. 1.6 MANUFACTURER’S DIRECTIONS A. All manufactured articles, material, appliance and equipment shall be delivered, stored, applied, installed, connected, erected, used, cleaned, conditioned and placed in operation, as directed by the respective manufacturers, insofar as these directions are applicable to this particular project and are not in conflict with superior requirements in the Specifications or requirements of applicable Building Codes. END OF SECTION 01600 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Substitutions and Product Options 01630-1 SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS PART 1 - GENERAL 1.1 REQUIREMENTS INCLUDED A. Furnish and install products specified, under conditions for options and substitutions stated in this Section. 1.2 PRODUCTS LIST A. Within 30 days after award of Contract, submit to Landscape Architect/Engineer six copies of complete list of major Products which are proposed for installation. B. Tabulate Products by Specification Section number and title. C. For products specified only by reference standards, list for each such Product: 1. Name and address of manufacturer. 2. Trade name. 3. Model or catalogue designation. 4. Manufacturer’s data: a. Reference standards. b. Performance test data. 1.3 CONTRACTOR’S OPTIONS A. For Products specified only by reference standard, select Product meeting that standard, by any manufacturer. B. For Products specified by naming several Products or manufacturers, select anyone of products and manufacturers named which complies with Specifications. C. For Products specified by naming only one Product and manufacturer, there is no option and no substitution will be allowed (unless substitution is approved prior to bid opening). 1.4 SUBSTITUTION PROCEDURE A. Prior to the Bid Date: Landscape Architect/Engineer will consider substitutions only as specified in Section 01600. B. After the Bid Date: Landscape Architect/Engineer will consider formal written requests from Contractor for substitution of products in place of those specified only when submitted in accordance with the requirements of this Section. One or more of the following conditions must be documented. 1. The substitution must be required for compliance with final interpretation of code requirements or insurance regulations. 2. The substitution must be due to the unavailability of the specified products, through no fault of the Contractor. Long delivery period will not qualify as unavailability. 3. The substitution may be requested when subsequent information discloses the inability of the specified products to perform properly or to fit in the designated space. 4. The substitution may be due to the manufacturer’s or fabricator’s refusal to certify or guarantee performance of the specified product as required. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Substitutions and Product Options 01630-2 5. The substitution may be requested when it is clearly seen, in the judgement of the Landscape Architect/Engineer that a substitution would be substantially to the Owner’s best interests in terms of cost, time or other considerations. C. Submit a separate request for each substitution on a copy of the request form attached to this section. Support each request with: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer’s name and address. b. Manufacturer’s literature; c. Samples, as applicable. d. Name and address of similar projects on which product has been used, and date of each installation. 2. Itemized comparison of the proposed substitution with product specified; list significant variations. 3. Data relating to changes in construction schedule. 4. Any effect of substitution on separate contracts. 5. List of changes required in other work or Products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of any net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: 1. They are indicated or implied on shop drawings or product data submittals without a formal request from Contractor. 2. They are requested directly by a subcontractor or supplier. 3. Acceptance will require substantial revision of Contract Documents. E. Substitute products shall not be ordered or installed without written acceptance of Landscape Architect/Engineer and Owner. F. Landscape Architect/Engineer and Owner will determine acceptability of proposed substitutions. 1.5 CONTRACTOR’S REPRESENTATION A. In making formal request for substitution Contractor represents that: 1. He has investigated proposed product and has determined that it is equal to or superior in all respects to that specified. 2. He will provide same warranties or bonds for substitution as for product specified. 3. He will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 4. He waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his Contract, but not: a. Costs under separate contracts. b. Landscape Architect/Engineer’s costs for redesign or revision of Contract Documents. 6. He will reimburse the Owner separately for fees paid to the Landscape Architect/Engineer for redesign, revision of Contract Documents, and review of each substitution request. 1.6 LANDSCAPE ARCHITECT/ENGINEER’S DUTIES A. Review Contractor’s requests for substitutions with reasonable promptness. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Substitutions and Product Options 01630-3 B. Notify Contractor, in writing, of decision to accept or reject requested substitution. END OF SECTION 01630 – See Attached General Contractor’s Request for Substitution GENERAL CONTRACTOR’S REQUEST FOR SUBSTITUTION (Submit seven copies.) Request No. __________________________________________ Date___________________________ Project Name: ________________________________________________________________________ Project Name: ________________________________________________________________________ Contractor Name and Address:___________________________________________________________ ____________________________________________________________________________________ Hereby requests approval of the following product or system as an “approved substitution.” Specification Section No.________ Page(s)____________ Paragraph______________________ Drawing No (s)._____________ Detail or Section No (s)._______________________________ USE SEPARATE FORM FOR EACH SUBMITTAL Name and description of submittal for substitutions. _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Manufacturer:__________________________________________________________________________________ Address:____________________________________________ Telephone:________________________________ Vendor:______________________________________________________________________________________ Address:____________________________________________ Telephone:________________________________ Are maintenance services and replacement parts available through vendor?_________________________________ Differences between proposed substitution and specified item?___________________________________________ _____________________________________________________________________________________________ For finish materials and prefinished equipment, list the colors available for the proposed substitution:___________________________________________________________________________________ _____________________________________________________________________________________________ Manufacturer’s guarantees of the proposed and specified items are: 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Substitutions and Product Options 01630-4 Same Different. Explain differences on an attachment. Reason for not giving priority to specified item: ______________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Substitution affects other material or systems: No Yes (If yes, attach complete data.) Enclosed data is (with specific marks related to substitution): Catalog Drawings Sample Tests Reports Other__________________________________________________________________________ List items or elements that are the same as the specified item. Attach list of similar projects using the product attachment. Include Owner, and Owner’s representative to contact. State effects of substitution on construction schedule, and changes in other work or project. What license fees or royalties are required? The undersigned states that the function, appearance, quality and results are equivalent or superior to the specified items and that Substantial Completion will not be affected. Submitted by: ___________________________________________________ Contractor’s Signature ___________________________________________________ Firm ___________________________________________________ ___________________________________________________ Address ___________________________________________________ Telephone ___________________________________________________ Date Owner’s Signature:______________________________________________________________ For the Design Professional Accepted Accepted as noted Not accepted Received late By: ________________________________ Date: _______________________________ Remarks: ___________________________ ___________________________________ 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Project Closeout 01700-1 SECTION 01700 PROJECT CLOSEOUT PART 1 - GENERAL 1.1 GENERAL REQUIREMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.2 SECTION INCLUDES A. Final Completion B. Cleaning C. Record Drawings D. Operation and Maintenance Manuals E. Warranties F. Spare Parts and Maintenance Materials 1.3 FINAL COMPLETION A. After the Work has been cleaned and finished to a state of Final Completion, the Contractor shall prepare a list of items to be completed or corrected. The Contractor shall give the Landscape Architect/Engineer 10 days written notice of the date the Work, or a portion of the Work, will be ready for each inspection. B. First Inspection: Upon receipt of the list of items to be completed or corrected, if the Landscape Architect/Engineer agrees that the level of completeness meets the standards established, the Landscape Architect/Engineer will inspect the project for compliance with the Contract Documents. The Landscape Architect/Engineer shall verify and amend the Contractor’s list. The Landscape Architect/Engineer will designate specific items on the list which must be completed or corrected before the Certificate of Final Completion will be issued. C. If, in the Landscape Architect/Engineer’s opinion, the Contractor is not making the proper effort to complete or correct listed items, the Landscape Architect/Engineer may report same to the Owner who will have the option of engaging other contractors to complete the work of the project. Such contractors shall be employed as stipulated in the Standard Form of Agreement. D. Second Inspection: When items have been corrected to meet Final Completion, the Contractor shall notify the Landscape Architect/Engineer to perform a second Final Completion inspection. If, in the opinion of the Owner and Landscape Architect/Engineer, the work has been performed in compliance with the Contract Documents, and if documents defined in this Section and in the Standard Form of Agreement have been prepared and received by the Owner, the Landscape Architect/Engineer will issue the Certificate of Final Completion with the remaining items to be completed or corrected for final acceptance on an attached list. E. Items to be Completed or Corrected: The list of items attached to the Certificate of Final Completion is a guideline of items to be corrected for final acceptance. Items may be added to the list after the date of Final Completion as a guide of items to review at final inspection and as a record of the warranty date for those items. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Project Closeout 01700-2 1.4 CLEANING A. Execute cleaning prior to final completion reviews and final inspections. B. Clean interior and exterior surfaces exposed to view. C. Clean debris from entire site, roofs, gutters, downspouts, and drainage systems. D. Remove waste and surplus materials, rubbish, and construction facilities from the site. E. The Contractor shall turn the work over in clean condition. Clean up shall include removal of smudges, marks, stains, fingerprints, soil, dirt, paint, dust, lint, unnecessary labels, discoloration’s and other foreign materials. Clean all finished surfaces, such as (but not limited to) walks, drives, curbs, paving, fences, grounds, walls and screens. Slick surfaces shall be left with a clear shine. Remove all temporary facilities and job signs, including surface materials and temporary roads and walkways. 1.5 RECORD DOCUMENTS A. The contractor shall provide to the Landscape Architect/Engineer complete record documents at the completion of the project which includes the drawings and project manual. B. The contractor shall acquire and pay for a set of blueline prints of the drawings on heavy weight paper and one Project Manual with a laminated cover at the beginning of the project to be kept in a safe, neat environment at the site. The blueline prints and project manual will be labeled with neat bold letters “Record Drawings Prints” and “Record Project Manual”. The edges of the prints shall be protected with clear tape. C. During the course of performing the work, the contractor shall neatly record all changes to the Contract Documents on the “Record Drawing Prints” and “Record Manual”, including but not limited to: 1. All Addendum’s issued by the Landscape Architect/Engineer. 2. All Change Orders approved by the Owner. 3. All Landscape Architect/Engineer’s Supplemental Instructions issued by the Landscape Architect/Engineer. 4. All answers issued by the Landscape Architect/Engineer in response to “Requests for Interpretation” issued by contractor that change any drawing or specification. 5. All changes by the contractor of piping routings, duct layouts, electrical equipment placement, circuiting, etc. that deviate from locations shown on the Contract Documents, shall be carefully recorded. The contractor shall show and label all valves with the corresponding tag number. 6. All underground utility locations shall be reviewed with the Landscape Architect/Engineer and consequently recorded on the “Record Drawing Prints”. D. Prior to application for payment each month, the Landscape Architect/Engineer will review the “Record Drawing Prints” and “Project Manual” to verify that any changes during that pay period have been properly recorded. The contractor shall keep a log on the cover sheet of the drawings and a log in the front of the Project Manual indicating which Addendum's, Change Orders, Supplemental Instructions, R.F.I.’s, etc. have been posted, the date they were posted, and by whom they were posted. Failure to record the changes that have occurred in that pay period will be grounds to withhold payment until they are recorded. E. As part of Project Close-out, the Record Documents, shall be submitted to the Landscape Architect/Engineer for review and approval after final completion and prior to final payment. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Project Closeout 01700-3 F. The “Record Cad Drawings” shall be prepared on AutoCad, by a professional Cad drafting service approved by the Landscape Architect/Engineer. The CAD drafting service will be paid by the contractor. All of the information marked on the “Record Drawing Prints” as outlined above shall be properly drawn into the drawings. The result will be a set of drawings that represent exactly what was built as if originally drawn that way. The Landscape Architect/Engineer will furnish the Contractor with AutoCad drawing files without the Landscape Architect/Engineer’s seals. The files will come compressed (bridge zipped) onto a CD. The CAD drafting must be performed using the same file names, layers, colors, pen settings, etc. as provided by the Landscape Architect/Engineer t. The “Record Cad Drawings” shall be plotted on T-15 vellum. G. As part of Project Closeout, the “Record Documents”, both the “Record Cad Drawings”, plotted on vellum paper, and the laminated “Record Project Manual” shall be submitted to the Landscape Architect/Engineer for review after final completion and prior to final payment. The Landscape Architect/Engineer will compare the “Record Documents” to his own record set. The Landscape Architect/Engineer will return the “Record Documents” to the contractor who will promptly correct any deficiencies or discrepancies to the satisfaction of the Landscape Architect/Engineer and replot the appropriate sheets. The contractor will then submit to the Landscape Architect/Engineer all drawing files, compressed (bridge zipped) onto one (1) CD, the final record vellums, two (2) sets of blueline prints of the final vellum plots, and one (1) marked up copy of the “Record Project Manual”. H. Payment for Record Drawings shall be subsidiary to the project unit prices. 1.6 OPERATION AND MAINTENANCE MANUALS A. Furnish the Owner, through the Landscape Architect/Engineer, two copies of operating instructions and maintenance recommendations for all work installed in the building, including that installed by General Contractor’s own forces and all work done by subcontractors. B. Operating instructions and maintenance recommendations shall be furnished in a form approved by the Landscape Architect/Engineer and shall be neatly typewritten and complete, bound into Operations and Maintenance Manuals. C. These manuals shall be prepared and transmitted to the Landscape Architect/Engineer for approval so they can be given to the Owner no less than 10 days prior to Final Completion. D. The work covered by these manuals will not be inspected for Final Completion until Owner has received the manuals described above. E. Provide the Owner with an affidavit of all bills paid and consent of surety. 1.7 WARRANTIES A. Warranties and Certificates: Prior to the final payment, Contractor and subcontractors shall forward to the Landscape Architect/Engineer, copies of warranties and certificates as required by the Contract Documents. B. The Contractor and each subcontractor shall furnish written warranties, covering their respective work or equipment for a minimum period of one year from the date of acceptance, against defects of material or workmanship at no cost to the Owner. Some work may be specified to be covered under a longer period of warranty. All warranties shall be signed by the responsible Contractor and subcontractor. C. Wherever defects occur within the time limit of the warranty, if such unsatisfactory condition is due to the use of materials, or workmanship which are inferior, defective or not in accordance with the Contract, the Contractor, whenever notified, shall immediately: 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Project Closeout 01700-4 1. Place any such warranted work and/or materials in satisfactory condition in every particular. 2. Make good any work or materials, or the equipment or contents of said structures or grounds, which are damaged in fulfilling any such warranty at no cost to the Owner, and to the satisfaction of the Landscape Architect/Engineer. D. Should the Contractor fail to proceed promptly with the terms of this warranty the Owner may have such work performed as he may deem necessary to fulfill the warranty, charging the cost thereof against the Contractor. 1.8 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide Products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. END OF SECTION 01700 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cleaning Up 01710-1 SECTION 01710 CLEANING UP PART 1 - GENERAL 1.1 WORK INCLUDED A. Execute cleaning, during progress of Work, and at completion of Work, as required by the Contract Documents and as supplemented in this section. 1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A. Contract Documents B. Cleaning up required for specific Products or work; Specification Section for that work. 1.3 REQUIREMENTS OF REGULATORY AGENCIES A. Fire Protection: Store volatile waste in covered metal containers and remove from premises daily. B. Pollution Control: Conduct clean-up and disposal operations to comply with local codes, ordinances and anti-pollution laws. 1. Burning or burying of rubbish and waste materials on the project site is prohibited. 2. Disposal of volatile fluid wastes, (such as mineral spirits, oil or paint thinner), in storm or sanitary sewer systems or into streams or waterways is prohibited. PART 2 - PRODUCTS 2.1 CLEANING MATERIALS A. Use only cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials recommended by manufacturer of surface to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute periodic cleaning to keep Work, site and adjacent properties free from Accumulations of waste materials, rubbish and debris, resulting from construction operations. B. At not less than every week during progress of Work, clean up site and access and legally dispose of waste materials, rubbish and debris away from site. C. Provide on-site dump containers for collection of waste materials, rubbish and debris. D. Do not allow waste materials, rubbish and debris to accumulate and become an unsightly or hazardous condition. E. Lower waste materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cleaning Up 01710-2 F. Execute weekly mowing to keep all vegetation with-in the construction site maintained at 3” maximum height. 3.2 CLEAN-OUT SITES FOR CONCRETE TRUCKS A. No concrete wash-out areas will be allowed on the project site. 3.3 DUST CONTROL A. Sprinkle dusty debris with water. B. Vacuum clean interior building areas when ready to receive finish painting and continue vacuum cleaning on an as needed basis until building is ready for acceptance or occupancy. C. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or newly painted surfaces. 3.4 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Repair, patch and touch up marred surfaces to match adjacent finishes. C. Broom clean paved surfaces; rake clean other surfaces of grounds. D. Prior to final completion, or Owner occupancy, conduct an inspection of all work areas, to verify that entire project is clean. END OF SECTION 01710 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Selective Demolition 01732-1 SECTION 01732 SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Articles and portions of articles of the Division 1 not amended, supplemented or superseded by the Standard Form of Agreement shall remain in effect. 1.2 SECTION INCLUDES A. Demolition work shall include all wrecking and removal of existing construction as required by all trades for new construction work and alterations to the existing site. 1.3 REGULATORY REQUIREMENTS A. Conform to applicable codes for demolition of structures, safety of adjacent structures, dust control, service utilities, and discovered hazards. 1.4 SALVAGE AND RUBBISH A. Salvage: All materials, equipment, etc., designated on the Drawings to be salvaged or reused, shall be carefully removed, protected and stored until time to be reinstalled or delivered to the Owner for storage. B. Rubbish: All material, equipment, etc., resulting from demolition work and not designated for salvage, shall become the property of the Contractor, and the Contractor shall remove and dispose of same. PART 2 - PRODUCTS 2.1 NOT USED PART 3 EXECUTION 3.1 EXAMINATION AND PREPARATION A. Bidders on the work shall, before submitting a proposal, visit and examine the existing site to familiarize themselves with the actual nature and scope of the work to be done and all the details involved. 1. The submittal of a proposal shall be taken as evidence that such an examination has been made and the various features noted. Later claims for extra compensation on account of additional labor. materials and/or equipment required for, or on account of any difficulties encountered, which should have been seen will not be recognized, and all such items shall be properly disposed of by the contractor at his own expense. B. Provide, erect, and maintain temporary barriers and security devices. C. Notify adjacent owners of work which may affect their property, potential noise, utility outage, or disruption. Coordinate with Owner. D. Protect existing landscaping materials and structures which are not to be demolished. E. Erect and maintain weatherproof enclosures for exterior openings. F. Protect existing items which are not indicated to be removed. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Selective Demolition 01732-2 3.2 DEMOLITION REQUIREMENTS A. Shoring: 1. Provide temporary shoring at all existing construction requiring support during demolition and subsequent new construction. Such shoring shall be of a character and strength as to provide proper and adequate support. Contractor shall be solely responsible for the installation of shoring and subsequent removal. Any damage resulting from these operations shall be repaired at the Contractor's expense to the satisfaction of the Landscape Architect/Engineer. B. Conduct demolition to minimize interference with adjacent building areas. C. Conduct demolition to minimize interference to public or private accesses. D. Do not close or obstruct roadways without permits. Maintain protected means of egress and access to all required exits from existing structures to a public way beyond the area of construction at all times. Provide overhead protection when exit passageway extends through areas of construction. E. Whenever it is necessary to shut down electrical, mechanical or plumbing systems affecting any portion of the building still in use by the Owner, the work shall be done at night or on weekends, and shall be scheduled with the Owner. F. Wherever facing is removed from exterior walls on existing building, the exterior faces shall be made waterproof by approved means to protect interior portions of existing building until permanent construction is installed. 3.3 DEMOLITION A. Disconnect and remove designated utilities as shown on the Drawings. B. Demolish components indicated, in an orderly and careful manner. C. Remove all non-functioning items above ceiling, such as wiring, ductwork, etc. D. Protect existing supporting structural member. 3.4 PATCHING A. Where demolition work or cutting of existing construction is performed, the surface shall be patched with like materials to match surrounding surfaces. 3.5 CLEAN UP A. Remove demolished materials from site as work progresses to maintain clean construction area. B. Leave areas of work in clean condition. END OF SECTION 01732 DIVISION 2 – SITEWORK 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Site Preparation/Tree Protection Fencing 02100-1 SECTION 02100 SITE PREPARATION/TREE PROTECTION FENCING PART 1 - GENERAL 1.1 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required for clearing and grubbing, minor demolition, removal and disposal of items as specified herein and on the plans. 1.2 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02200 - Earthwork. B. Existing Conditions, Removal and Demolition Items, and Grading Plan: Refer to plan sheets. PART 2 - PRODUCTS 2.1 No products are required to execute this work, except as the Contractor may deem necessary. PART 3 - EXECUTION 3.1 CLEARING AND GRUBBING: A. Clearing and grubbing shall consist of removing all natural and artificial objectionable materials from the project site or from limited areas of construction specified within the site. B. In general, clearing and grubbing shall be performed in advance of grading and earthwork operations and shall be performed over the entire area of earthwork operations. C. Unless otherwise specified on the plans, all trees and shrubs of three (3”) inches caliper and less (caliper is the diameter as measured twelve (12”) inches above the ground) and all scrub growth, such as cactus, yucca, vines, and shrub thickets, shall be cleared. All dead trees, logs, stumps, rubbish of any nature, and other surface debris shall also be cleared. D. Buried material such as logs, stumps, roots of downed trees that are greater than one and one-half (1-1/2”) inches in diameters, matted roots, rubbish, and foreign debris shall be grubbed and removed to a minimum depth of twenty-four (24”) inches below proposed finished grades. E. Ground covers of weeds, grass, and other herbaceous vegetation shall be removed prior to stripping and stockpiling topsoil from areas of earthwork operations. Such removal shall be accomplished by “blading” off the uppermost layers of sod or root-matted soil for removal. 3.2 TREES AND SHRUBS TO BE PRESERVED AND PROTECTED: A. Unless otherwise specified on the plans, trees and shrubs with calipers greater than three (3”) inches shall not be cleared (removed) provided that both of the following conditions are met: 1. The vegetation exists in an area that is not proposed for pavement, a structure, or the playing bounds of an athletic field. 2. The vegetation is in an area where the cut or fill does not exceed six (6”) inches. B. The Owner will assist the Contractor in identifying trees that are to be saved from clearing. The Contractor will protect such trees from construction damage such as trunk impacts and scrapes, limb breakage, compaction of soil within the drip line, and other injurious construction activities. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Site Preparation/Tree Protection Fencing 02100-2 1. If necessary, the Owner may direct the Contractor, at the Contractor’s expense, to erect protective stockades along the drip lines of trees that the Owner considers vulnerable to damage. Such stockades shall be of eight (8’) foot long x six (6”) inch diameter posts vertically buried three (3’) feet deep at six (6’) foot intervals along the drip line. C. Where grading or clearing and grubbing operations are to occur between trees that are to be preserved and protected, the Contractor will prune the lower branches of these trees as necessary to prevent their breakage and to permit access by construction machinery. Branches will be cut off to the trunk or major limb in a workmanlike manner. The Architect/Engineer may direct that the Contractor remove additional branches in such a manner that the tree presents a balanced appearance. Scars will be treated with a heavy coat of an approved tree sealant. 3.3 PAVEMENT REMOVAL: A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts shall be made to a minimum depth of one and one-half (1-1/2”) inches. If a saw cut in concrete pavement falls within three (3’) feet of an existing score joint, construction joint, saw joint, cold joint, expansion joint, or edge, the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of existing pavement. If an edge of a cut is damaged subsequent to saw cutting, the concrete shall again be sawed to a neat, straight line for the purpose of removing the damaged area. B. Concrete curb and gutter shall be removed as specified above. No section to be replaced shall be smaller than thirty (30”) inches in length or width. 3.4 UTILITIES REMOVAL: In general, those utilities on the site that are to be removed or abandoned and that belong to the Owner shall be removed or abandoned by the Contractor. The Owner is responsible for arranging the relocation or removal of other utilities owned by utility companies or other parties. 3.5 MISCELLANEOUS DEMOLITION: There may be certain items on the site such as old building foundations, fences and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items become the property of the Contractor for subsequent disposal. 3.6 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation operations unless specifically permitted by the Owner in writing. 3.7 BACKFILLING: All holes, cavities, and depressions in the ground caused by site preparation operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding of water and to promote drainage. In areas that are to be immediately excavated, the Architect/Engineer may permit holes, etc., to remain open. 3.8 DISPOSAL OF WASTE MATERIALS: A. Unless otherwise stated, materials generated by clearing, grubbing, removal, and demolition shall be known as “waste” or “spoils” and shall be removed from the site and disposed of by the Contractor. Similar materials may be unearthed or generated by earthwork operations or by the drilling of piers. Unless otherwise specified any merchantable items become the property of the Contractor. B. In certain cases, the Owner or Architect/Engineer may grant special permission for the Contractor to dispose of certain “wastes” or “spoils” by deep burial on the site. Such material would be buried in an approved area; would not be organic, biodegradable, or crushable; and would be buried in lifts or layers with soil thoroughly compacted around and over the material. A minimum of thirty (30”) inches of cover would be required over the burial site. END OF SECTION 02100 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Earthwork 02200-1 SECTION 02200 EARTHWORK PART 1 - GENERAL 1.1 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.2 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02100 - Site Preparation. B. Grading Plan: Refer to plan sheets. 1.3 TEST REPORTS: The Owner will bear the cost of all testing requirements (unless re-testing is required) and the Testing Laboratory will submit test reports from a commercial testing laboratory as specified herein and in the Conditions of the Contract. 1.4 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will not be made on a unit price basis or by any other separate measured payment method. PART 2 - PRODUCTS 2.1 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.2 UNCLASSIFIED FILL: A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as “earth embankment.” B. Rock: Minor quantities of rock not greater than four (4”) inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments, provided such placement of rock is not immediately adjacent to structures or piers. Also, rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.3 TOPSOIL: Shall be as follows: A. On-Site Topsoil: Topsoil shall consist of an average depth of six (6”) inches of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by “blading,” as specified in Section 02100, “Site Preparation.” Topsoil may be greater or less than the upper six (6”) inches in depth. However, it must be removable without contamination by the subsoil or substratum or other objectionable matter that would render it as “unsuitable material” as described herein. B. Imported Topsoil: In the event that there is insufficient topsoil for a full 6” layer, import clean sandy loam topsoil free of roots, rocks, and deleterious materials. Submit sample for approval. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Earthwork 02200-2 C. Full 6” Depth of Topsoil: All areas to receive turf grass will have a full 6” depth of replaced (new or existing) topsoil. 2.4 IMPORTED FILL: A. Imported fill materials shall be used for the construction of earth embankment in the event that (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Architect/Engineer. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/Engineer may also require the Contractor to provide a material analysis test of the proposed fill. 2.5 SELECT MATERIALS: A. Select materials shall be imported form off-site sources, unless they are available from specifically designated areas on the site as marked on the plans. B. Select Fill: Select fill shall be used for the construction of subgrades under concrete construction as shown and detailed on the plans. All select fill shall be sandy material or other suitable granular material (more than fifty (50%) percent by weight retained on a No. 200 sieve) and shall have a plasticity index not less than four (4) or more than fifteen (15). Properly deposited, conditioned, and compacted select fill is hereinafter referred to as “select embankment.” C. Testing Requirements: 1. The Contractor shall have the testing lab to provide a material analysis test of a pit sample of select fill prior to hauling it to the site. This test will include the percentage by weight retained on a No. 200 sieve, the plasticity index, a physical description of the material, and the Standard AASHTO Density and optimum moisture content as required in the execution of “DENSITY CONTROL” in this specification. Tests performed on samples of fill material used for other projects are unacceptable. 2. The Contractor shall have the testing lab to provide a maximum of four additional material analysis tests as described above for specimens chosen until after an entire lift of select fill material is hauled and deposited on the prepared subgrade, and all steps have been executed except for conditioning and compaction as required in the execution of “EARTH EMBANKMENT” and “SELECT EMBANKMENT” of this specification. The Owner or Architect/Engineer may call for a series of tests from the same lift or from any given lift of deposited material. 2.6 UNSUITABLE MATERIALS: 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Earthwork 02200-3 A. Topsoil, select material, imported fill, or unclassified fill will be declared as “unsuitable” by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture. 2. Decayed or undecayed vegetation. 3. Hardpan clay, heavy clay, or clay balls. 4. Rubbish. 5. Construction rubble. 6. Sand or gravel. 7. Rocks, cobbles, or boulders. 8. Cementious matter. 9. Foreign matter of any kind. B. Unsuitable materials will be disposed of as “waste” as specified in Section 02100. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. PART 3 - EXECUTION 3.1 SITE PREPARATION: In general, “site preparation,” as specified in Section 02100, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.2 TOPSOIL: A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six (6”) inches from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than six (6”) inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Unless otherwise indicated, the final plane of compacted topsoil will be between 0.10 foot and one (1”) inch below 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Earthwork 02200-4 adjacent paved surfaces. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. G. Plant Bed Areas: Excavate to a depth of 12” to receive proposed soil mix. H. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. 3.3 UNCLASSIFIED EXCAVATION: A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, are completed. Unless otherwise specified, the Contractor shall dispose of surplus material as “waste” as specified in Section 02100. 2. In certain cases, if the on-site excavation and embankment quantities are not balanced and there is a surplus of excavated material, the Architect/Engineer may permit the Contractor to “waste” the surplus by constructing additional embankment in an approved location. No additional payment for such work would be due that Contractor. C. Excavation in Rock: The use of explosives will not be permitted unless specifically permitted in writing by the Owner. Unless otherwise indicated on the plans, excavation in solid rock shall extend six (6”) inches below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.4 EARTH EMBANKMENT: A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Earthwork 02200-5 construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where indicated on the plans or required by the Architect/Engineer, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of four (4”) to six (6”) inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. The material that has been loosened shall be recompacted with the new embankment. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than four to one (4:1), the Architect/Engineer may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two (2’) feet normal to the slope shall be removed and recompacted to insure that the new work is constructed on I a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight (8”) inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction, the moisture content of fill material shall be such that the specified compaction will be obtained and the fill will be firm, hard, and unyielding. Fill material, which contains excessive moisture, shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers, pneumatic tire rollers, or other mechanical means acceptable to the Architect/Engineer. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade (e.g., under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.5 SELECT EMBANKMENT: Select embankment is defined as embankment constructed of select fill material. In general, it is constructed the same as earth embankment, except as described below. A. Subgrade: In cases where select fill is to be placed on a subgrade surface that is proposed to be within 0.50 foot in elevation of the existing surface grade, the top six (6”) inches of soil shall be stripped and removed as unsuitable waste. A minimum of six (6”) inches of fill comprising the subgrade for the select embankment shall be prepared and compacted as “earth embankment under select embankment” (see Density Control paragraph). D. Mixing: If the select fill is non-uniform in material composition, the Contractor may elect to mix with discing or pulverizing machinery to ensure that it meets the specified density and material analysis testing requirements. During mixing, care shall be taken neither to disturb the subgrade nor to incorporate the subgrade material into the select material. Mixing would occur between the depositing and watering steps described in the embankment construction process. Also, see “Testing Requirements” under “SELECT MATERIALS” of the PRODUCTS section of this specification. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Earthwork 02200-6 E. It is the sole responsibility of the Contractor to provide a select material of such quality that it can be “set-up” and “finished” to provide a stable support for the hot mix asphaltic concrete pavement. In addition to the density requirements, the subgrade must have sufficient strength at time of paving to support the proposed hot mix paving operation including paving machine, haul trucks, and rollers. If significant deterioration of the finished subgrade occurs during paving operations, paving shall be suspended until the required remedial action is taken by the Contractor. Approval of submitted samples of select material by the Architect/Engineer does not relieve the Contractor of this responsibility. All irregularities, depressions, or weak spots which develop in the subgrade shall be corrected prior to paving by scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. Should the select material subgrade, due to any reason or cause, lose the required stability, density, or finish before surfacing is complete, it shall be recompacted and refinished at the sole expense of the Contractor. 3.6 DENSITY CONTROL: A. Backfill Placement and Compaction: The backfill material should be placed in maximum of eight (8)-inch lifts and compacted to a density ranging between 93 and 98 percent of maximum Standard Proctor (ASTM D 698) dry density at a moisture content ranging from one (1) percentage point below optimum to four (4) percentage points above optimum (-1 to +4). B. Non-Expansive, Select Fill: The select fill should be placed in loose lifts not exceeding nine (9) inches in uncompacted thickness, and be uniformly compacted to a minimum of ninety-three (93) percent of the maximum dry density determined by Standard Proctor (ASTM D 698). The moisture content of the fill at the time of compaction should be from minus two (2) to plus three (3) percentage points of optimum (-2 to +3). C. Pavement Subgrade: The subgrade should be compacted to a minimum of 95 percent of Standard Proctor (ASTM D 698) at a moisture content ranging from optimum to four (4) percentage points above optimum (0 to +4). For additional information, refer to the Subsurface Investigation, located in Part I of the Project Manual. 3.7 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment, the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two (2%) percent below optimum in the top twelve (12”) inches of the fill will require that the top twelve (12”) inches of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminating the sprinkling requirement. 3.8 TESTING: Spot field tests of embankment densities shall be required of the Contractor by the Owner at the place and time of their choosing. Any area not meeting density control requirements shall be immediately excavated, reconstructed, and retested, at the expense of the Contractor, until satisfactory results are obtained. See Section 01410. END OF SECTION 02200 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Excavation, Trenching and Backfilling 02220-1 SECTION 02220 EXCAVATION, TRENCHING, AND BACKFILLNG PART 1 - GENERAL 1.1 SCOPE: The work to be performed under this section of the specifications shall consist of furnishing all labor, equipment and materials, and performing all operations in connection with the excavation, trenching, and backfilling for the installation of water, sanitary sewer, drain lines, and perforated pipe underdrains as shown on the plans and as specified herein. 1.2 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02200 – Earthwork. B. Water Supply System – Reference the City of Coppell’s Standard Specifications for Public Works Construction, latest edition. C. Sanitary Sewer – Reference the City of Coppell’s Standard Specifications for Public Works Construction, latest edition. 1.3 SUBMITTALS: Submit to the Engineer in conformance with the requirements of the Conditions of the Contract. PART 2 - PRODUCTS 2.1 MATERIALS: No materials are required in this section. PART 3 - EXECUTION 3.1 EXCAVATION: A. General: Excavation shall include the removal of any trees, stumps, brush, debris or other obstacles that may obstruct the line of work and the excavation and removal of all earth, rock, or other materials to the extent necessary to install the pipe, appurtenances, and structures in conformance with the line and grades shown in the plans or as specified. B. Maximum and Minimum Width of Trenches: The sides of all trenches shall be cut as nearly vertical as possible from the bottom of the trench to a point twelve (12”) inches above the top of the pipe when it is laid to grade. The minimum width of trench in which the pipe may be installed shall be as shown in the plans, measured at an elevation in the trench which is twelve (12”) inches above the top of the pipe when it is laid to grade. 1. Whenever the prescribed maximum trench width is exceeded, the Contractor shall use the next higher class of embedment or encasement than specified, based upon the load factors shown on the plans, and the additional cost incurred will be borne by the Contractor. 2. Nothing herein shall be construed as prohibiting the Contractor from moving the upper portion of earth to a depth twelve (12”) inches above the top of the pipe, in sections of the line where the cut is deep, by means of scrapers, bulldozers, or other dirt moving equipment, as a preliminary to trenching for the pipe if he elects to do so and has permission therefor from the property owner whose land will be affected. Such permission must be obtained from the property owner prior to the start of any such earth moving operations. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Excavation, Trenching and Backfilling 02220-2 C. Sheeting and Shoring: In caving ground, or in wet, saturated, or flowing materials, the sides of all trenches and excavation shall be adequately sheeted and braced so as to maintain the excavation free from slides or cave-ins and safe for workmen. It shall be the sole responsibility of the Contractor to conform to the requirements of Occupational Safety and Health Act of 1970. 1. Sheeting and shoring shall not be left in place unless its removal is impractical, as determined by the Architect/Engineer. D. Dewatering Excavation: The Contractor shall, commencing sufficiently in advance of excavation, during the excavation period, and as long thereafter as the condition of the work may require, provide and maintain in good operating condition such equipment as may be required to prevent all water from entering any trench excavation. This shall include, but is not limited to: surface water which would drain into the excavation; seepage water which would enter the trench as a result of the excavation and a high ground water level; and the water which could penetrate the trench bottom due to the anticipated piezometric head coupled with the removal of overburden should the Contractor not lower the water table in advance of the excavation. Backfilling operations shall be completed before dewatering operations are suspended. Water removed from the excavation shall be disposed of in such a manner as to prevent damage to adjacent property or to other work under construction. Damage of whatever nature caused by dewatering the work or failure to dewater the work satisfactorily shall be promptly repaired and/or remedied by the Contractor at his own expense. 1. Provision shall be made for the satisfactory disposal of water pumped from excavations so as to prevent damage to public or private property. In all cases, accumulated water in the trench shall be removed before placing embedment, laying pipe, placing any concrete or backfilling. E. Subgrade in Earth: Where a firm and stable foundation for the pipe can be obtained in the natural soil and where special embedment is not shown on the plans or specified herein, the bottom of the trench shall be carefully and accurately trimmed to fit the lower portion of the pipe barrel. Bell holes shall be excavated for each joint. The bell holes shall be accurately located and shall be of sufficient width and depth to allow ample room for making the joint and to relieve the pipe bell of all load. 1. Should the excavation be carried below grade, except as herein specifically provided, the Contractor shall, at his own expense, refill it to the proper elevation with gravel or crushed stone, which shall be compacted by tamping until it is firm and unyielding. F. Soft Subgrade: If soft or spongy material is encountered in the excavation at subgrade level, after proper dewatering has been performed, it shall be removed, to such a depth that, by replacing the unsuitable material with tamped crushed stone or gravel, a firm and stable foundation can be secured. G. Disposal of Excavated Materials: Excavated material shall be piled adjacent to the work to be used for backfilling as required. Where required, desirable topsoil shall be piled separately in a careful manner and replaced in its original position. 1. Excavated material which is unsuitable for backfilling, and excess material, shall be disposed of in a manner approved by the Owner. H. Subgrade in Rock: If the bottom of the excavation for the pipeline is found to be in rock or other hard material that cannot be excavated to a true subgrade and shaped to provide uniform bearing for the pipe barrel, the rock or other material shall be removed to a depth not less than three (3”) inches below subgrade and the bottom of the trench brought to true subgrade elevation by filling 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Excavation, Trenching and Backfilling 02220-3 with gravel or suitable rock cuttings and shavings from the excavation and compacting by means of tamping until a firm and uniformly unyielding foundation is obtained. I. Not Used. J. Damage to Existing Utilities: Where existing utilities are damaged, they shall be replaced immediately with material equal to or better than the existing material. Such work shall be at the entire expense of the Contractor. The Contractor shall immediately notify the Owner of the damaged utility facility. 3.2 BACKFILLING: A. Backfilling shall include the refilling and consolidating of the fill in trenches and excavations up to the surrounding ground surface or road grade at crossings. Backfilling shall be done with good earth, sand, or gravel and shall be free from large rocks or hard lumpy material. No material of a perishable, spongy or otherwise unsuitable nature shall be used in backfilling. B. After the pipe and embedment have been placed, the method of backfilling pipe trenches shall be as follows: Select material shall first be carefully placed on both sides of the pipe simultaneously in layers of not more than four (4”) inches in loose thickness, and these layers shall be firmly compacted by hand or mechanical tamping. The layers of backfill shall be sprinkled lightly with water if additional moisture is required for proper compaction. This process of filling and tamping in layers shall be continued until the backfill is brought up to the level of the pipe spring line. A sufficient amount of selected material shall then be carefully placed over the top of the pipe so that, when consolidated, the level of the select material will be not less than twelve (12”) inches above the top of the pipe. Before backfilling the remainder of the trench, the select material shall be consolidated by mechanical tamping, at the option of the Contractor, to such an extent as to secure uniform consolidation. C. The remainder of the trench shall then be filled with suitable material obtained from the spoil bank. The earth shall then be consolidated mechanical tamping until full settlement has been reached. Mechanical tamping in six (6”) inch maximum lifts should be used. D. Excavated material which is unsuitable for backfilling and excess material shall be disposed of in a manner approved by the Architect/Engineer. END OF SECTION 02220 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-1 SECTION 02760 PAVEMENT MARKINGS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Pavement Markings a. Thermoplastic, hot-applied, spray (HAS) pavement markings b. Thermoplastic, hot-applied, extruded (HAE) pavement markings c. Preformed polymer tape d. Preformed heat-activated thermoplastic tape 2. Raised markers 3. Work zone markings 4. Removal of pavement markings and markers B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Pavement Markings a. Measurement 1) Measurement for this Item shall be per linear foot of material placed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” shall be paid for at the unit price bid per linear foot of “Pvmt Marking” installed for: a) Various Widths b) Various Types c) Various Materials d) Various Colors c. The price bid shall include: 1) Installation of Pavement Marking 2) Glass beads, when required 3) Surface preparation 4) Clean-up 5) Testing (when required) 2. Legends a. Measurement 1) Measurement for this Item shall be per each Legend installed. b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each “Legend” installed for: a) Various types b) Various applications 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-2 c. The price bid shall include: 1) Installation of Pavement Marking 2) Glass beads, when required 3) Surface preparation 4) Clean-up 5) Testing 3. Raised Markers a. Measurement 1) Measurement for this Item shall be per each Raised Marker installed. b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each “Raised Marker” installed for: a) Various types c. The price bid shall include: 1) Installation of Raised Markers 2) Surface preparation 3) Clean-up 4) Testing 4. Work Zone Tab Markers a. Measurement 1) Measurement for this Item shall be per each Tab Marker installed. b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each “Tab Marker” installed for: a) Various types c. The price bid shall include: 1) Installation of Tab Work Zone Markers 5. Fire Lane Markings a. Measurement 1) Measurement for this Item shall be per the linear foot. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” shall be paid for at the unit price bid per linear foot of “Fire Lane Marking” installed. c. The price bid shall include: 1) Surface preparation 2) Clean-up 3) Testing 6. Pavement Marking Removal a. Measurement 1) Measure for this Item shall be per linear foot. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” shall be paid for at the unit price bid per linear foot of “Remove Pvmt Marking” performed for: a) Various widths c. The price bid shall include: 1) Removal of Pavement Markings 2) Clean-up 7. Raised Marker Removal a. Measurement 1) Measurement for this Item shall be per each Pavement Marker removed. b. Payment 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-3 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each “Remove Raised Marker” performed. c. The price bid shall include: 1) Removal of each Marker 2) Disposal of removed materials 3) Clean-up 8. Legend Removal a. Measurement 1) Measure for this Item shall be per each Legend removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” shall be paid for at the unit price bid per linear foot of “Remove Legend” performed for: a) Various types b) Various applications c. The price bid shall include: 1) Removal of Pavement Markings 2) Clean-up 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (MUTCD), 2011 Edition a. Part 3, Markings 3. American Association of State Highway and Transportation Officials (AASHTO) a. Standard Specification for Glass Beads Used in Pavement Markings, M 247-09 4. Federal Highway Administration (FHWA) a. 23 CFR Part 655, FHWA Docket No. FHWA-2009-0139 5. Texas Department of Transportation (TxDOT) a. DMS-4200, Pavement Markers (Reflectorized) b. DMS-4300, Traffic Buttons c. DMS-8220, Hot Applied Thermoplastic d. DMS-8240, Permanent Prefabricated Pavement Markings e. DMS-8241, Removable Prefabricated Pavement Markings f. DMS-8242, Temporary Flexible-Reflective Road Marker Tabs 1.4 SUBMITTALS A. Submittals shall be in accordance with Section 01300. B. All submittals shall be approved by the City prior to delivery and/or fabrication for specials. 1.5 DELIVERY, STORAGE, AND HANDLING A. Storage and Handling Requirements 1. The Contractor shall secure and maintain a location to store the material in accordance with Section 01600. PART 2 - PRODUCTS 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-4 2.1 OWNER-SUPPLIED PRODUCTS A. New Products 1. Refer to Drawings to determine if there are owner-supplied products for the Project. 2.2 MATERIALS A. Materials 1. Pavement Markings a. Thermoplastic, hot applied, spray 1) Refer to Drawings and City Standard Detail Drawings for width of longitudinal lines. 2) Product shall be especially compounded for traffic markings. 3) When placed on the roadway, the markings shall not be slippery when wet, lift from pavement under normal weather conditions nor exhibit a tacky exposed surface. 4) Cold ductility of the material shall permit normal road surface expansion and contraction without chipping or cracking. 5) The markings shall retain their original color, dimensions and placement under normal traffic conditions at road surface temperatures of 158 degrees Fahrenheit and below. 6) Markings shall have uniform cross-section, clean edges, square ends and no evidence of tracking. 7) The density and quality of the material shall be uniform throughout the markings. 8) The thickness shall be uniform throughout the length and width of the markings. 9) The markings shall be 95 percent free of holes and voids, and free of blisters for a minimum of 60 days after application. 10) The material shall not deteriorate by contact with sodium chloride, calcium chloride or other chemicals used to prevent roadway ice or because of the oil content of pavement markings or from oil droppings or other effects of traffic. 11) The material shall not prohibit adhesion of other thermoplastic markings if, at some future time, new markings are placed over existing material. a) New material shall bond itself to the old line in such a manner that no splitting or separation takes place. 12) The markings placed on the roadway shall be completely retroreflective both internally and externally with traffic beads and shall exhibit uniform retro-directive reflectance. 13) Traffic beads a) Manufactured from glass b) Spherical in shape c) Essentially free of sharp angular particles d) Essentially free of particles showing cloudiness, surface scoring or surface scratching e) Water white in color f) Applied at a uniform rate g) Meet or exceed Specifications shown in AASHTO Standard Specification for Glass Beads Used in Pavement Markings, AASHTO Designation: M 247-09. b. Thermoplastic, hot applied, extruded 1) Product shall be especially compounded for traffic markings 2) When placed on the roadway, the markings shall not be slippery when wet, lift from pavement under normal weather conditions nor exhibit a tacky exposed surface. 3) Cold ductility of the material shall permit normal road surface expansion and contraction without chipping or cracking. 4) The markings shall retain their original color, dimensions and placement under normal traffic conditions at road surface temperatures of 158 degrees Fahrenheit and below. 5) Markings shall have uniform cross-section, clean edges, square ends and no evidence of tracking. 6) The density and quality of the material shall be uniform throughout the markings. 7) The thickness shall be uniform throughout the length and width of the markings. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-5 8) The markings shall be 95 percent free of holes and voids, and free of blisters for a minimum of 60 days after application. 9) The minimum thickness of the marking, as measured above the plane formed by the pavement surface, shall not be less than 1/8 inch in the center of the marking and 3/32 inch at a distance of ½ inch from the edge. 10) Maximum thickness shall be 3/16 inch. 11) The material shall not deteriorate by contact with sodium chloride, calcium chloride or other chemicals used to prevent roadway ice or because of the oil content of pavement markings or from oil droppings or other effects of traffic. 12) The material shall not prohibit adhesion of other thermoplastic markings if, at some future time, new markings are placed over existing material. New material shall bond itself to the old line in such a manner that no splitting or separation takes place. 13) The markings placed on the roadway shall be completely retroreflective both internally and externally with traffic beads and shall exhibit uniform retro-directive reflectance. 14) Traffic beads a) Manufactured from glass b) Spherical in shape c) Essentially free of sharp angular particles d) Essentially free of particles showing cloudiness, surface scoring or surface scratching e) Water white in color f) Applied at a uniform rate g) Meet or exceed Specifications shown in AASHTO Standard Specification for Glass Beads Used in Pavement Markings, AASHTO Designation: M 247-09. c. Preformed Polymer Tape 1) Material shall meet or exceed the Specifications for SWARCO Director 35, 3M High Performance Tape Series 3801 ES, or approved equal. d. Preformed Heat-Activated Thermoplastic Tape 1) Material shall meet or exceed the Specifications for HOT Tape Brand 0.125 mil preformed thermoplastic or approved equal. 2. Raised Markers a. Markers shall meet the requirements of the Texas Manual on Uniform Traffic Control Devices. b. Non-reflective markers shall be Type Y (yellow body) and Type W (white body) round ceramic markers and shall meet or exceed the TxDOT Specification DMS-4300. c. The reflective markers shall be plastic, meet or exceed the TxDOT Specification DMS-4200 for high-volume retroreflective raised markers and be available in the following types: 1) Type I-C, white body, 1 face reflects white 2) Type II-A-A, yellow body, 2 faces reflect amber 3) Type II-C-R, white body, 1 face reflects white, the other red 3. Work Zone Markings a. Tabs 1) Temporary flexible-reflective roadway marker tabs shall meet requirements of TxDOT DMS-8242, “Temporary Flexible-Reflective Road Marker Tabs.” 2) Removable markings shall not be used to simulate edge lines. 3) No segment of roadway open to traffic shall remain without permanent pavement markings for a period greater than 14 calendar days. b. Raised Markers 1) All raised pavement markers shall meet the requirements of DMS-4200. c. Striping 1) Work Zone striping shall meet or exceed the TxDOT Specification DMS-8200. 2.3 SOURCE QUALITY CONTROL A. Performance 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-6 1. Minimum maintained retroreflectivity levels for longitudinal markings shall meet the requirements detailed in the table below for a minimum of 30 calendar days. Posted Speed (mph) ≤ 30 35 – 50 ≥ 55 2-lane roads with centerline markings only (1) n/a 100 250 All other roads (2) n/a 50 100 (1) Measured at standard 30-m geometry in units of mcd/m2/lux. (2) Exceptions: A. When raised reflective pavement markings (RRPMs) supplement or substitute for a longitudinal line, minimum pavement marking retroreflectivity levels are not applicable as long as the RRPMs are maintained so that at least 3 are visible from any position along that line during nighttime conditions. B. When continuous roadway lighting assures that the markings are visible, minimum pavement marking retroreflectivity levels are not applicable. PART 3 - EXECUTION 3.1 PREPARATION A. Pavement Conditions 1. Roadway surfaces shall be free of dirt, grease, loose and/or flaking existing markings and other forms of contamination. 2. New Portland cement concrete surfaces shall be cleaned sufficiently to remove the curing membrane. 3. Pavement to which material is to be applied shall be completely dry. 4. Pavement shall be considered dry, if, on a sunny day after observation for 15 minutes, no condensation develops on the underside of a 1 square foot piece of clear plastic that has been placed on the pavement and weighted on the edges. 5. Equipment and methods used for surface preparation shall not damage the pavement or present a hazard to motorists or pedestrians. 3.2 INSTALLATION A. General 1. The materials shall be applied according to the manufacturer’s recommendations. 2. Markings and markers shall be applied within temperature limits recommended by the material manufacturer, and shall be applied on clean, dry pavement having a surface temperature above 50 degrees Fahrenheit. 3. Markings that are not properly applied due to faulty application methods or being placed in the wrong position or alignment shall be removed and replaced by the Contractor at the Contractor’s expense. If the mistake is such that it would be confusing or hazardous to motorists, it shall be remedied the same day of notification. Notification will be made by phone and confirmed by fax. Other mistakes shall be remedied within 5 days of written notification. 4. When markings are applied on roadways open to traffic, care will be taken to ensure that proper safety precautions are followed, including the use of signs, cones, barricades, flaggers, etc. 5. Freshly applied markings shall be protected from traffic damage and disfigurement. 6. Temperature of the material must be equal to the temperature of the road surface before allowing traffic to travel on it. B. Pavement Markings 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-7 1. Thermoplastic, hot applied, spray a. This method shall be used to install and replace long lines – centerlines, lane lines, edge lines, turn lanes, and dots. b. Markings shall be applied at a 110 mil thickness. c. Markings shall be applied at a 90 mil thickness when placed over existing markings. d. A sealer shall be used if concrete or asphalt is older than three (3) years. e. Typical setting time shall be between 4 minutes and 10 minutes depending upon the roadway surface temperature and the humidity factor. f. Retroreflective raised markers shall be used to supplement the centerlines, lane lines, and turn lanes. Refer to City Standard Detail Drawings for placement. g. Minimum retroreflectivity of markings shall meet or exceed values shown in subparagraph 2.4.A.1 of this Specification. 2. Thermoplastic, hot applied, extruded a. This method shall be used to install and replace crosswalks and stop-lines. b. Markings shall be applied at a 125 mil thickness. c. Minimum retroreflectivity of markings shall meet or exceed values shown in this Specification. 3. Preformed Polymer Tape a. This method shall be used to install and replace crosswalks, stop-lines, and legends. b. The applied marking shall adhere to the pavement surface with no slippage or lifting and have square ends, straight lines and clean edges. c. Minimum retroreflectivity of markings shall meet or exceed values shown in this Specification. 4. Preformed Heat-Activated Thermoplastic Tape a. This method shall be used to install and replace crosswalks, stop-lines, and legends. b. The applied marking shall adhere to the pavement surface with no slippage or lifting and have square ends, straight lines and clean edges. c. Minimum retroreflectivity of markings shall meet or exceed values shown in this Specification. C. Raised Markers 1. All permanent raised pavement markers on Portland Cement roadways shall be installed with epoxy adhesive. Bituminous adhesive is not acceptable. 2. All permanent raised pavement markers on new asphalt roadways may be installed with epoxy or bituminous adhesive. 3. A chalk line, chain or equivalent shall be used during layout to ensure that individual markers are properly aligned. All markers shall be placed uniformly along the line to achieve a smooth continuous appearance. D. Work Zone Markings 1. Work shall be performed with as little disruption to traffic as possible. 2. Install longitudinal markings on pavement surfaces before opening to traffic. 3. Maintain lane alignment traffic control devices and operations until markings are installed. 4. Install markings in proper alignment in accordance with the Texas MUTCD and as shown on the Drawings. 5. Place standard longitudinal lines no sooner than 3 calendar days after the placement of a surface treatment, unless otherwise shown on the Drawings. 6. Place markings in proper alignment with the location of the final pavement markings. 7. Do not use raised pavement markers for words, symbols, shapes, or diagonal or transverse lines. 8. All markings shall be visible from a distance of 300 feet in daylight conditions and from a distance of at least 160 feet in nighttime conditions, illuminated by low-beam automobile headlight. 9. The daytime and nighttime reflected color of the markings must be distinctly white or yellow. 10. The markings must exhibit uniform retroreflective characteristics. 11. Epoxy adhesives shall not be used to work zone markings. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Pavement Markings 02760-8 3.3 REMOVALS 1. Pavement Marking and Marker Removal a. The industry’s best practice shall be used to remove existing pavement markings and markers. b. If the roadway is being damaged during the marker removal, Work shall be halted until consultation with the City. c. Removals shall be done in such a matter that color and texture contrast of the pavement surface will be held to a minimum. d. Repair damage to asphaltic surfaces, such as spalling, shelling, etc., greater than ¼ inch in depth resulting from the removal of pavement markings and markers. Driveway patch asphalt emulsion may be broom applied to reseal damage to asphaltic surfaces. e. Dispose of markers in accordance with federal, state, and local regulations. f. Use any of the following methods unless otherwise shown on the Drawings. 1) Surface Treatment Method a) Apply surface treatment at rates shown on the Drawings or as directed. Place a surface treatment a minimum of 2 feet wide to cover the existing marking. b) Place a surface treatment, thin overlay, or microsurfacing a minimum of 1 lane in width in areas where directional changes of traffic are involved or in other areas as directed by the City. 2) Burn Method a) Use an approved burning method. b) For thermoplastic pavement markings or prefabricated pavement markings, heat may be applied to remove the bulk of the marking material prior to blast cleaning. c) When using heat, avoid spalling pavement surfaces. d) Sweeping or light blast cleaning may be used to remove minor residue. 3) Blasting Method a) Use a blasting method such as water blasting, abrasive blasting, water abrasive blasting, shot blasting, slurry blasting, water-injected abrasive blasting, or brush blasting as approved. b) Remove pavement markings on concrete surfaces by a blasting method only. 4) Mechanical Method a) Use any mechanical method except grinding. b) Flail milling is acceptable in the removal of markings on asphalt and concrete surfaces. 2. If a location is to be paved over, no additional compensation will be allowed for marking or marker removal. 3.4 FIELD QUALITY CONTROL A. All lines must have clean edges, square ends, and be uniform cross-section. B. The density and quality of markings shall be uniform throughout their thickness. C. The applied markings shall have no more than 5 percent, by area, of holes or voids and shall be free of blisters. 3.5 CLEANING A. Contractor shall clean up and remove all loose material resulting from construction operations. END OF SECTION 02760 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Sodding for Vegetation 02938-1 SECTION 02938 SODDING FOR REVEGETATION PART 1 GENERAL 1.01 SCOPE This section includes the placement and establishment of sod for revegetation at all areas shown on the drawings, and all areas disturbed by construction activities, and placement of sod on permanent erosion control mats, as shown on the drawings. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Specification Section 02200 B. Specification Section 02210 C. North Central Texas Council of Governments (NCTCOG) Public Works Construction Standards 1.03 QUALITY ASSURANCE Contractor to follow standards set forth in the following references: A. American Standard for Nursery Stock published by American Association of Nurserymen; April 14th, 2014, Edition. B. American Joint Committee on Horticultural Nomenclature; 1942 Edition of Standardized Plant Names. C. City of Coppell Staff Review a. The Parks Project Manager reserves the right to inspect and approve the source of sod before it is cut, after it is cut and upon delivery to the site. b. Inspection at the source does not preclude the Project Manager's right to reject the sod at the job site. D. Substitutions a. Substitution request for any material must be made in writing to Owner within 15 days after the award of the bid. b. Substitutions must possess same characteristics as material for which are to be substituted. c. Substitutions submitted on materials of greater value than specified materials shall be provided at no additional cost to the Owner. 1.04 SUBMITTALS Contractor shall submit for inspection the following items: A. Receipts for all fertilizer and grass sod. B. Herbicide receipts/type. (NOTE: Use of petrochemical and salt based Fertilizer, Insecticides, Fungicides and Herbicides are strictly prohibited without the written consent of the project manager.) C. Product Data: a. Sod Certification: Certification shall be submitted from the sod nursery or farm, as to the grass species, location of the field from which the sod has been stripped/cut and the date of stripping/cutting. Certification shall accompany the delivery of the sod. Sod delivery will be rejected without this Certification. b. Sod Stakes: Provide sample and manufacturer’s cut-sheet. c. Fertilizer: Provide manufacturer’s cut-sheet and product data. D. Delivery Storage and Handling 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Sodding for Vegetation 02938-2 a. Sod Delivery: Sod shall be delivered on pallets with the root system protected from exposure to wind and sun. Stripping/cutting and delivery shall be timed so that sod will be placed within forty-eight (48) hours of stripping/cutting. 1.05 WARRANTY A. Provide a uniform stand of grass by watering, mowing and maintaining lawn areas until final acceptance. Re-sod areas which fail to provide a uniform stand of grass with specified materials until all affected areas are accepted by the City of Coppell Parks Project Manager. Sod shall have a one-year warranty from date of final acceptance. Warranty shall include staking materials whereby stakes shall maintain sod in a stable position until such time that the root system has established itself. Contractor shall replace sod and staking immediately as needed during the warranty period. B. A written guarantee shall be provided guaranteeing to maintain the sodded areas in a healthy, vigorous, undamaged condition until final payment for the work. C. Contractor shall guarantee full turf establishment, 97% cover with no bare areas in excess of six (6”) inches diameter. D. Guarantee shall provide for timely filling, leveling and repairing eroded areas, re-sodding areas exhibiting lack of healthy growth. Contractor shall guarantee to repair sod within 10 working days of written notice by Parks Project Manager. PART 2 PRODUCTS 2.01 HERBICIDE Use of petrochemical and salt based Fertilizer, Insecticides, Fungicides and Herbicides are strictly prohibited without the written consent of the project manager. 2.02 SOD Sod: Sod shall be as specified on drawings. The sod shall be free of weeds, undesirable plants, large stones, roots, and other materials which may be detrimental to the establishment and/or future maintenance of the turf. A. Species: a. Common Bermuda, Cynodon dactylon b. Buffalo, Buchloe dactyloides ‘Prairie’ 2.03 SEED Seed: Seed may be installed in lieu of sod, upon written approval from the City of Coppell Parks Project Manager. The Contractor shall provide a deductive change order that includes the removal of sod to from the project at the SY unit price included in the bid proposal, and installation of seed at the SF unit price included in the bid proposal. Seed shall not be installed without prior written approval of the change order. 2.03 STAKING Sod shall be staked on all slopes over 5:1 and at all locations where sod is placed on permanent erosion control mats. Stakes shall be 6” length biodegradable stakes, by GEI Works or approved equal. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Sodding for Vegetation 02938-3 2.04 WATER Free of substance harmful to plant growth. Temporary irrigation water shall be provided by trucks, water tanks, hoses, pumps, sprinklers or other methods of transportation furnished by Contractor. Contractor is responsible for providing all water to the project site required for establishment of all sod and revegetation areas. Temporary irrigation method shall be reviewed and approved by the City of Coppell Parks Project Manager, prior to construction. 2.05 TOPSOIL A. General Topsoil 1. Reference Specification Section 02200 – Earthwork 2. Proposed topsoil material shall be subject to approval by the Landscape Architect and City of Coppell Parks Project Manager. 2.06 PERMANENT TURF REINFORCEMENT MAT: A. General: Contractor shall install permanent erosion control blankets (turf reinforcement mat) at all areas shown on the plans, and at all revegetation areas that exceed 4:1 slope. B. Turf Reinforcement Mats shall be VMAX P550 by North American Green, Inc. or approved equal. 2.07 FERTILIZER A. 3-1-1 ratio multipurpose organic fertilizer, Microlife 6-2-4 (San Jacinto Supply) or approved equal. B. The fertilizer shall be delivered to the site in bags or other convenient containers, each fully labeled, conforming to the applicable state fertilizer laws, and bearing the name, trade name or trademark, and warranty of the producer. C. No petrochemical and salt based fertilizers are to be used. PART 3 EXECUTION 3.01 HERBICIDE APPLICATION A. Use of Synthetic Fertilizer, Insecticides, Fungicides and Herbicides are strictly prohibited without the written consent of the project manager. 3.02 PREPARATION A. Provide 72-hour notification to Landscape Architect and/or Owner’s Representative prior to sod installation so that LA may be on site during this process. B. Strip existing vegetation and one (1) inch of existing soil from all areas to receive sod not stripped and graded under previous work. C. After stripping, loosen soil to a depth of two (2) inches prior to laying sod. Break up compacted soil. Remove all stones, roots, vegetation, rubbish, debris and other foreign matter one (1) inch in diameter or larger from the top two (2) inches of soil. No foreign matter may be buried on site. D. Hand rake to achieve a uniform loose depth to 2 inches and a smooth, consistent grade immediately prior to laying sod. E. Finish grade to be one (1) inch below top of adjacent hardscape. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Sodding for Vegetation 02938-4 3.03 FINISH GRADING A. Topsoil will be spread as necessary by the sitework contractor, and is subsidiary to this specification. B. Finished Grades: Shall be understood to be final spot grades and contours indicated on the contract drawings. Where final spot grades or new contours are not indicated, finished grades shall be uniformly level or sloping between points for which elevations are given or contours are shown. C. Tops and Bottoms of All Slopes: Round tops and bottoms of slopes and drainage swales. Adjust and warp slopes, at intersections of cuts and fills, to flow into each other or into the existing natural ground surface without noticeable break. Cuts and fills shall have a maximum slope of 3’ horizontally to 1’ vertically, unless otherwise shown on the contract drawings. The finished surface of all lawn areas after planting shall not be less than ¼” below or more than ¾” above the finished grade of all walks or other surface areas. D. Fine Grading Lawn Areas: Bring the grade of areas to receive turf to a uniform, level slope, as determined by the use of surveying instruments, by discing, harrowing and other methods approved by the City of Coppell Parks Project Manager. When establishing finish grades, remove and dispose of all clods, hard lumps, rocks, roots, litter and other foreign matter not passing through the teeth of a hand iron rake. Tractor drawn raking equipment that compacts lawn areas will not be allowed. Where lawns are intended to drain across pavements, the uphill grade shall be flush with the pavement; the downhill grade shall be ½” to ¾” below the pavement grade. E. Settlement: Maintain ground surfaces to the finish grades shown on the contract drawings, and deposit whatever additional topsoil that may be required to correct any settlement or erosion that occurs prior to the date of issuance of the Certificate of Final Acceptance. The surface upon which additional topsoil is to be deposited shall be raked or otherwise satisfactorily prepared to ensure a proper bond. Fill hollows that develop from settling, to the finished elevations, with approved topsoil. Finished lawn areas shall be left sufficiently high to meet all paved areas after settlement. F. Reference Specification Section 02210 – Fine Grading for additional requirements. 3.04 INSTALLATION A. Apply a 3-1-2 ratio multipurpose Microlife organic fertilizer or approved equal. B. Sod shall be moist and shall be placed on a moist soil bed. C. Sod shall be harvested, delivered and transplanted within a period of 24 hours unless a suitable preservation method is approved prior to delivery. Sod not transplanted within this period shall be inspected and approved the Owner prior to its installation. D. Sod shall be planted end to end, in a running bond pattern, solid over the areas to accept sod as delineated on the plans, firmly pressed into the prepared topsoil with tight/no gap joints between sod pieces. Gaps that develop between sod pieces will be filled with a suitable top dressing material. E. When roll sod is used, remove netting material prior to placing sod. F. Upon completion of sodding each contiguous area, the entire area shall be watered immediately, slowly but thoroughly, to secure at least six (6) inches penetration into the soil below the sod. Do not allow the blades of grass to wilt. The sodded area shall be thoroughly rolled in two (2) directions to form a thoroughly even, solid mat. The roller shall be a hand roller weighing at least 80 lbs. but no more than 100 lbs. All uneven or lumpy areas shall be flattened to a uniform level before the installation will be accepted. Any voids left in block sodding shall be filled with cut sod pieces and/or topsoil. G. No area smaller than one (1) square foot shall be planted with more than three individual trimmed sections of sod and no individual section shall be smaller than six (6) square inches. H. Following the completion of the installation, the sod shall be watered in an amount and as often as necessary to maintain healthy growth of the grass. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Sodding for Vegetation 02938-5 3.05 SODDING OF LAWNS A. Sodding Limits: All ground area within the indicated project limit lines, or any additional area which has been disturbed in any way by the construction operations, shall be fine graded and sodded unless otherwise indicated on the drawings to be covered with trees, shrubs, structure(s), walks, roads, or other surfaced areas. B. Responsibility: The contractor shall utilize all such measures as may be necessary, including, but not limited to, protective fencing, and/or staking of sod to produce a finished continuous blanket of turf over all areas designated to receive turf. C. Fertilizer - Contractor shall apply fertilizer at a rate of 1-3 lbs of N/1000 SF, according to the following schedule: 1. 2-3 weeks following installation 2. 4-6 weeks following first application 3.06 ESTABLISHMENT A. Sodded areas shall be maintained in good condition throughout the installation process and until final acceptance. B. Upon completion of work, clean areas within Contract limits, remove tools, supplies and equipment. Wash down curbs and pavement areas. Scrub curbs and walks as necessary to insure a clean surface. Provide site clean and free of materials and suitable for use as intended. 3.07 LAWN AND MAINTENANCE A. Maintain sodded areas until final acceptance. B. Maintain sodded areas, including watering, spot weeding, mowing, and resodding until a fully rooted, uniform stand of grass free of weeds, undesirable grass species, disease and insects is achieved and accepted by the City of Coppell Parks Project Manager. C. Water daily to maintain adequate surface soil moisture for proper root establishment. Continue daily watering for not less than 30 days. Thereafter, apply ½” of water twice weekly until acceptance. The Contractor shall provide a written watering schedule for review by the Parks Project Manager. D. Repair, rework, and re-sod all areas that are washed out, eroded, or die out. The Contractor shall guarantee to repair sod within ten (10) working days of written notice from the Parks Project Manager. E. Mow lawn areas as soon as lawn top growth exceeds a 5” height. Cut back to 3 ½” in height. Repeat mowing as required to maintain specified height. The Parks Project Manager reserves the right to adjust the mowing height and frequency. 3.08 FINAL ACCEPTANCE Inspection to determine final acceptance of sod will be made by the City of Coppell Parks Project Manager upon Contractor’s request. Provide notification at least 10 working days before requested inspection date. Sodded areas will be acceptable provided all requirements, including maintenance, have been completed and a healthy, uniform, close stand of the specified grass is established, free of weeds, undesirable grass species, disease and insects. The project will not be accepted and final payment will not be authorized, until the sod is healthy, vigorous, fully rooted, and grown-in with 97% cover and no bare areas larger than six (6) inches in diameter. The contractor is responsible for maintaining the project sod until all criteria is met. END OF SECTION DIVISION 3 – CONCRETE 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Concrete Formwork 03100-1 SECTION 03100 CONCRETE FORMWORK PART 1 - GENERAL 1.1 SCOPE: The extent of formwork is indicated by the concrete items shown on the drawings. The work includes the design, construction, erection, maintenance, and removal of all formwork for concrete paving, curbs, and any other appropriate concrete item called for. 1.2 RELATED WORK SPECIFIED ELSEWHERE: A. Section 03200 - Concrete Reinforcement. B. Section 03310 - Cast-In-Place Concrete. 1.3 CODES AND STANDARDS: Comply with provisions of the following codes, specifications, and standards, except as modified or amended herein. A. ACI 347R-94, “Recommended Practice for Concrete Formwork.” B. ACI 301-99, “Specifications for Structural Concrete for Buildings.” PART 2 - PRODUCTS 2.1 DESIGN OF FORMWORK: A. Design, erect, support, brace and maintain formwork so that concrete items will be of the correct size, shape, alignment, elevation, and position. B. Design formwork to be readily removable without impact, shock, or damage to the cast-in-place concrete surfaces and adjacent materials. C. Provide formwork sufficiently tight to prevent leakage of cement paste during concrete placement. Solidly butt all joints and provide backup material at joints as may be required to prevent leakage and fins. D. Wood Forms: Shall be No.2 common southern yellow pine, or equivalent, materials milled to reasonably uniform width and thickness, at least two (2) edges and one (1) side dressed for tight fit. E. Metal Forms: Clean, unpainted, and in good condition to provide members of widths and depths required. Severely damaged or indented forms are not acceptable. PART 3 - EXECUTION 3.1 FORMWORK: A. All forms shall be observed by the Architect/Engineer prior to placement of concrete. The Contractor shall notify the Architect/Engineer at least twenty-four (24) hours prior to placing concrete. B. Forms shall be built to the shapes and dimensions of the concrete on the drawings, shall be set to lines and grades, braced and secured to withstand placing of concrete. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Concrete Formwork 03100-2 3.2 PREPARATION OF FORM SURFACES: A. Coat the contact surfaces of forms with a form-coating compound before reinforcement is placed. Provide commercial formulation form-coating compounds that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion nor impede the wetting of surfaces to be cured with water or curing compounds. Thin form-coating compounds only with the thinning agent of the type and in amount and under the conditions of the form-coating compound manufacturer's directions. Do not allow excess form-coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with the manufacturer’s instructions. B. Coat steel forms with a non-staining, rust preventive form oil or otherwise protect against rusting. Rust stained steel formwork is not acceptable. 3.3 REMOVAL OF FORMS: Forms shall not be removed until concrete has adequately hardened and in any event, not less than two (2) days. 3.4 RE-USE OF FORMS: Clean and repair the surfaces of forms that are to be re-used in the work, except that warped, split, frayed, delaminated, or otherwise damaged form-facing material will not be acceptable. Apply new form-coating compound material to all concrete contact form surfaces as specified for new formwork. When forms are extended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close all joints. Align and secure all joints to avoid offsets. Do not use “patched” forms for exposed concrete surfaces except as acceptable to the Architect/Engineer. A. All formwork shall comply with ACI 302.1R-96. “Recommended Practice for Concrete Floor and Slab Construction.” END OF SECTION 03100 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Concrete Reinforcement 03200-1 SECTION 03200 CONCRETE REINFORCEMENT PART 1 - GENERAL 1.1 SCOPE: The extent of concrete reinforcement is shown on the drawings and in schedules. The work includes fabrication and placement of reinforcement for the cast-in-place concrete, including bars, ties and supports. 1.2 RELATED WORK SPECIFIED ELSEWHERE: A. Section 03100 – Concrete Formwork. B. Section 03310 – Cast-In-Place Concrete. 1.3 CODES AND STANDARDS: Comply with requirements of the following codes and standards, except as herein modified: A. American Concrete Institute, ACI 315-92 “Manual of Standard Practice for Detailing Reinforced Concrete Structures.” B. American Welding Society, AWS, D 12.1 “Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connection in Reinforced Concrete Construction. C. Concrete Reinforcing Steel Institute, “Manual of Standard Practice.” 1.4 SUBMITTALS: Submit to the Engineer in conformance with the requirements of the CONDITIONS OF THE CONTRACT. A. For information only, submit two (2) copies of steel producer’s certificates of mill tests for reinforcing steel. B. Submit shop drawings for fabrication, bending, and placement of concrete reinforcement. Comply with ACI 315-92 “Manual of Standard Practice for Detailing Reinforced Concrete Structures.” Show bar schedules, stirrup spacing, diagrams of bent bars, arrangements and assemblies, as required for the fabrication and placement of concrete reinforcement. 1.5 PRODUCT, DELIVERY, HANDLING, AND STORAGE: A. Deliver reinforcement to the project site bundled, tagged, and marked. Use metal tags indicating bar size, lengths, and other information corresponding to markings shown on placement diagrams. B. Store concrete reinforcement materials at the site to prevent damage and accumulation of dirt or excessive rust. PART 2 - PRODUCTS 2.1 MATERIALS: A. Reinforcing Bars: ASTM A615 of grade shown on drawings with minimum yield strength of 60,000 psi. B. Supports for Reinforcement: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcement in place. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Concrete Reinforcement 03200-2 1. Use wire bar type supports or plastic-type chairs, complying with P57-66, unless otherwise indicated. Do not use wood, brick, and other unacceptable materials. 2. For exposed-to-view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are plastic or plastic-tipped metal. 2.2 FABRICATION: A. General: Shop-fabricate reinforcing bars to conform to required shapes and dimensions with fabrication tolerances complying with ACI 315-92. In case of fabricating errors, do not re-bend or straighten reinforcement in a manner that will injure or weaken the material. B. Unacceptable Materials: Reinforcement with any of the following defects will not be permitted in the work: 1. Bar lengths, depths and bends exceeding specified tolerances. 2. Bends or kinks not indicated on drawings or final shop drawings. 3. Bars with reduced cross section due to excessive rusting or other cause. PART 3 - EXECUTION 3.1 INSTALLATION: Comply with the specified codes and standards and the Concrete Reinforcing Steel Institute recommended practice for “Placing Reinforcing Bars” for details and methods of reinforcement placement and supports and as herein specified. A. Clean reinforcement to remove loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. B. Position, support, and secure reinforcement against displacement by formwork, construction or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers, and hangers, as required. C. Place reinforcement to obtain the minimum coverages for concrete protection. Arrange, space, and securely tie bars and bar supports together with No.16 gauge wire to hold reinforcement accurately in position during concrete placement operations. Set wire ties so that ends are directed away from exposed concrete surfaces. D. Provide sufficient numbers of supports and of strength to carry reinforcement. Do not place reinforcing bars more than two (2”) inches beyond the last leg of any continuous bar support. Do not use supports as bases for concrete conveying equipment and similar construction loads. E. Splices: Provide standard reinforcement splices by lapping ends, placing bars in contact, and tightly wire tying. Comply with requirements of ACI 318-99 for minimum lap of spliced bars. END OF SECTION 03200 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cast-In-Place Concrete 03310-1 SECTION 03310 CAST-IN-PLACE CONCRETE PART 1 – GENERAL 1.1 SCOPE: This item shall consist of concrete paving and miscellaneous concrete items composed of Portland cement concrete, with reinforcing steel, constructed as herein specified on an approved subgrade, and in conformance with the lines and grades shown on the plans and details. 1.2 RELATED WORK SPECIFIED ELSEWHERE: A. Section 03100 - Concrete Formwork. B. Section 03200 - Concrete Reinforcement. C. Section 02200 - Earthwork. 1.3 CODES AND STANDARDS: Comply with the following codes and standards except as modified or amended herein: A. ACI 318-99 “Building Code Requirements for Reinforced Concrete.” B. ACI 304R-00 “Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete.” 1.4 TESTING: Refer to Section 01410. 1.5 WORKMANSHIP: All concrete work which does not conform to the specified requirements, including strength, tolerances, and finishes, shall be removed and replaced or corrected as directed by the Architect/Engineer at the Contractor’s expense, without extension of time. 1.6 SUBMITTALS: Submit to the Architect/Engineer in conformance with the requirements of the CONDITIONS OF THE CONTRACT. A. Laboratory Test Reports: Submit two (2) copies of laboratory test reports for concrete materials, mix design tests, and field quality control tests as specified under “Testing.” B. Delivery Tickets: Furnish duplicate delivery tickets to the Architect/Engineer as specified under “Production of Concrete.” C. Color Samples of Gun-Applied Sealants: Submit manufacturer’s chart of standard colors for color selection by the Architect/Engineer. D. Aggregate for Exposed Aggregate Concrete Paving: Submit a one (1) quart sample of the specified aggregate for approval by the Architect/Engineer. 1.7 SPECIALTY SUBCONTRACTOR: Sealants shall be furnished and applied only by an applicator who can present positive proof of having successfully applied materials and used methods specified herein under comparable conditions over a period of at least five (5) years. PART 2 - PRODUCTS 2.1 CONCRETE: All concrete shall be 3,600 psi or greater at twenty-eight (28) days, portland cement mix, reinforced as specified, and shall be of the size, dimension, and detail shown on the drawings and in accordance with these specifications. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cast-In-Place Concrete 03310-2 A. Cement: Provide Portland cement, Type 1, ASTM C150, except as otherwise indicated. B. Aggregates for Normal Weight Concrete; 1. Coarse: Shall conform to ASTM C33 and as herein specified. Use clean, uncoated, processed aggregate containing no clay, mud, loam, or foreign matter. Shall be crushed stone, processed from natural rock or stone or washed gravel, either natural or crushed. Use of pit or bank run gravel is not permitted. 2. Fine: Shall conform to ASTM C33 and as herein specified. Use clean, sharp, natural sand, free from loam, clay lumps, or other deleterious substances. 3. In proportioning, fine and coarse aggregates shall be regarded as separate ingredients. Each size of coarse aggregate, as well as combination of sizes when two or more are used, shall conform to the appropriate grading requirements of applicable ASTM specifications. Maximum sizes of aggregates shall be determined by proportioning requirements. 4. Provide aggregates of each type from one source to ensure uniformity of color, size, and shape. 5. Maximum size of coarse aggregate and proportion of design mix as follows: CONCRETE FOOTINGS, WALLS AND 6” or 7” CONCRETE PAVING 4” or 5” THICK CONCRETE PAVING AND OTHER CONCRETE Maximum Water and Cement Ratio, Gal/Sack 6 (max.) 6 Aggregate, Maximum Size 1-1/2” ¾” Weight Normal Normal Slump Range, Inches 3-5 3-5 Percent Air Entrainment --- --- PSI 3,600 min. 3,600 min. C. Water for Mixing and Curing: Clean, fresh, free from oil, acid, organic matter, or other deleterious substances. Provide water for curing that does not contain impurities in sufficient amount to etch concrete surfaces or cause discoloration to concrete indicated to remain exposed and unpainted. 2.2 REINFORCING STEEL: Reinforcing steel shall be as called for on the drawings and shall conform to Section 03200. 2.3 SUBGRADE: All subgrade for concrete paving shall be compacted or lime treated as shown on the drawings and as specified in Section 02200 - Earthwork. 2.4 EXPANSION JOINTS: Material for expansion joints shall be one-half (1/2”) inch or three-quarter (3/4”) inch pre-molded fiber or redwood to the thickness of the concrete paved cross section as shown on the plans. Provide a zip-strip to facilitate joint sealing. 2.5 EXPANSION JOINT DOWELS: A. Dry Brush 4” or 5” Thick Concrete Paving: Shall be No. 4 smooth bar dowels eighteen (18”) inches long, with one (1) end capped with felt or polyethylene film and placed at twenty-four (24”) inches on center (areas shown) through the center of each expansion joint. 2.6 FORMS: Concrete forms shall conform to Section 03100 - Concrete Formwork. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cast-In-Place Concrete 03310-3 2.7 CHAIRS: Use wire-bar type supports or plastic-type chairs, as approved by the Architect/Engineer. Do not use wood, brick or other unacceptable materials. 2.8 EXPANSION JOINT SEALER: A. Walks: All joint sealer for concrete sidewalks, expansion joints at backs of curbs and other expansion joints occurring in walks shall be a two-part pourable polyurethane sealant, conforming to Interim Federal Specification TT-S-00227E and shall be Pecora Corporation’s Urexpan NR-200 or Tremco Manufacturing Company’s THC/900 sealant, colors to be selected by Architect/Engineer. Sonneborne paving joint sealer will be acceptable with prior approval. B. Walls: Sealant for vertical walls shall be Pecora, Dynaflex-2, Sonneborne NP-2, or Tremco Dymeric Elastomeric Sealant. 2.9 SAND CUSHION: Not permitted. 2.10 CURING COMPOUND: Curing compound shall be Type I (clear or translucent) or Type II (white- pigmented), as defined by ASTM Designation C309. Products offered by manufacturers which comply with the requirements include the following: Horncure 30D: A. C.Horn/W. R. Grace. Clear-Bond: Guardian Chemical Company. LR 151: Protex Industries, Inc. 2.11 ANCHORAGE MATERIALS: All threaded inserts, anchors, etc., shall be the type, size, and location as shown on the plans. 2.12 EPOXY-RESIN ADHESIVE BINDER: Provide a two (2) component, mineral filled, epoxy polysulfide polymer complying with FS-MMM-G-650, Type I or II, Grade A. Complying products include the following: Epoxite Grout: W.R. Grace Colma Dur: Silka Chemical PART 3 - EXECUTION 3.1. GENERAL: Concrete work will have a thickness as shown on the details and shall be placed subgraded as shown. Standard slopes for paving, unless otherwise shown on the plans, will be one-quarter (1/4”) inch per foot. 3.2 GRADES: Verify proposed grades, establishing surface elevation of paving as shown on the drawings. Before proceeding with the work, all such proposed grades shall be verified in consideration of the drainage conditions and job conditions. The intent of this contract is to require grades which will permit proper drainage of the site, proper drainage away from the various constructed surfaces thereon. Any grade or condition, proposed or existing, which, in the opinion of the Contractor, represents a hazard to such drainage shall be brought to the Architect/Engineer’s attention immediately. 3.3 FORMS: All formwork shall be observed and approved by the Owner’s Representative prior to placing any concrete. See Section 03100 - Concrete Formwork. Forms shall be securely staked to line and grade and maintained in a true position during the placement of concrete. A. Forms for Making Placed Concrete: Forms shall be set true to line and grade in advance of the concreting for a distance sufficient to permit a finished subgrade for a length of one hundred (100’) feet ahead of the concrete. They shall be joined neatly and tightly and shall be set with exactness to grade and alignment. All forms must be in firm contact with the subgrade throughout 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cast-In-Place Concrete 03310-4 their entire length and base width and securely staked with at least three (3) pins per ten (10’) foot section. If the subgrade becomes unstable, the forms shall be reset using heavy stakes or other additional supports such as may be required to provide sufficient stability to withstand vibration and movement of all equipment operated thereon. 1. If forms settle over one-eighth (1/8”) inch under finishing operation, paving operations shall be stopped; forms shall then be reset to line and grade, and pavement brought up to standard section and thickness. 2. Forms must be cleaned and oiled before concrete is placed against them. 3. Forms shall remain in place until the concrete is at least twelve (12) hours old, and removal of forms shall be followed immediately by coating the sides of the slab with curing compound and then banking earth against the sides of the slab and wetting same. 3.4 PLACEMENT OF REINFORCEMENT: All reinforcement shall be placed in the center of formwork and securely held in place by the use of chairs. 3.5 PRODUCTION OF CONCRETE: A. Concrete shall be transit mixed (on-site batching optional) as specified herein. All plant facilities are subject to acceptance of the Architect/Engineer. B. Ready Mixed Concrete: Comply with requirements of ASTM C94, and as herein specified, provided the quantity and rate of delivery will permit unrestricted progress of the work in accordance with the placement schedule. Proposed changes in mixing procedures other than specified herein must be accepted by the Architect/engineer before implementation. Modifications to ASTM C94 are as follows: 1. Provide concrete materials, proportions, and properties as herein specified in lieu of ASTM Section 4. 2. Slump: Slump range in inches shall be within 3”-5” in lieu of ASTM Section 5.1. 3. Mixing and Delivery: Delete the references for allowing additional water to be added to the batch of material with insufficient slump. Addition of water to be batch will not be permitted as specified in ASTM Section 9.7. In addition to the requirements of ASTM Section 9.7, when the air temperature is between 85 and 90 degrees Fahrenheit reduce the mixing and delivery time from 1-1/2 hours to 75 minutes, and when the air temperature is above 90 degrees Fahrenheit reduce the mixing and delivery time to 60 minutes. When the truck mixer is used for the complete mixing of the concrete, begin mixing operation within 30 minutes after the cement has been intermingled with the aggregate. 4. Certification: Furnish duplicate delivery tickets with each load of concrete delivered to the site. In addition to the requirements of ASTM Section 14.1, provide the following information on delivery tickets: type and brand of cement, cement content per cubic yard of concrete, maximum size of aggregate, amount and brand name of each admixture, and total water content expressed as water/cement ratio. 5. Strength: Delete ASTM Section 15 and comply with concrete testing requirements as herein specified. 6. Maintain equipment in proper operating condition with drums cleaned before changing each batch. Schedule rates of delivery in order to prevent delay of concrete too long in the mixer before the addition of water admixtures. 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cast-In-Place Concrete 03310-5 C. Cold Weather Requirements: No concrete shall be placed when the temperature is below forty (40) degrees Fahrenheit or when the temperature is fifty (50) degrees and dropping. 3.6 EMBEDDED ITEMS: Set and build, into the work, anchorage devices and other embedded items required for other work, including, but not restricted to, metal inserts, mechanical and electrical inserts, as required. Refer to drawings for location, type, size, etc. 3.7 DRY BRUSH FINISH CONCRETE PAVING: A. Placing: Prior to placing concrete, the subgrade shall be moistened and then concrete shall be placed in forms and thoroughly tamped in place so that all honeycombs will be eliminated and sufficient mortar will be brought to the surface. The surface shall be troweled with a steel trowel and then brushed to obtain a smooth uniform brush finish. B. Curing: As soon as possible after the concrete has been poured and finished, it shall be cured by the use of the specified curing compound. The curing compound shall be applied full strength or as recommended by the manufacturer. It shall in no way be diluted by the addition of petroleum products. C. All faces adjacent to the forms shall be spaded so that the forms are stripped. The surface of faces will be smooth and free of honeycombs. Edges of all walks shall be finished to a one-half (1/2”) inch radius with a suitable finishing tool. D. Expansion Joint Sealing: Expansion joints shall be sealed by an experienced applicator with the sealant specified to a depth equal to joint width with a minimum depth of one-half (1/2”) inch. 1. Preparation: All surfaces in contact with compounds shall be dry, sound, well brushed and wiped free. Remove curing compounds, oil, and other such materials by wire brushing. 2. Application: The ambient temperature shall be as recommended by sealant manufacturers when sealants are applied. Gun-apply compounds with nozzles of proper sizes to fit joints. Force into grooves with sufficient pressure to expel air and fill grooves solidly. Joints shall be free of wrinkles and tooled smooth. 3. Cleaning: Clean surfaces adjoining sealed joints of smears and other soiling resulting from sealing application. Clean up all debris caused by the work of this section, keeping the premises clean and neat at all times. 3.8 PROTECTION: After concrete is placed, finished, and cured as required, permit no traffic thereon for three (3) days thereafter and further protect the surface from damage due to other causes. Vehicles of all types shall be kept off sidewalks, curbs, gutters, etc., during the construction period. 3.9 STRIPPING OF FORMS: A. Formwork not supporting weight of concrete, such as edges of slabs, etc., may be removed twelve (12) hours after placing concrete provided concrete is sufficiently hard to not be damaged by removal operations and provided that curing and protection operations are maintained. B. After forms are removed and prior to backfilling with earth, the edges of the slabs shall be coated with membrane-curing compound. 3.10 6” CONCRETE PAVING JOINTS: A. Contraction Saw Joints: Shall be one-eighth (1/8”) inch wide by one (1”) inch deep, joints placed on ten (10’) foot centers, unless otherwise shown. Contraction joints will not be required to be 100% CONSTRUCTION DOCUMENTS BIKE LANE PROJECT Kimley-Horn and Associates, Inc. Cast-In-Place Concrete 03310-6 sealed. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within eighteen (18) to twenty-four (24) hours after placement. B. Doweled Expansion Joints: Shall be placed where concrete paving abuts the back of all concrete curbing, at points between pours and at intersections with other walks or concrete paved areas. 3.11 DEFECTIVE CONCRETE: Any concrete which, in the opinion of the Architect/Engineer, has crazed or cracked considerably or possesses a bad finish or is not at the proper grade, size or location or does not meet the specified strength will be subject to rejection, and it shall be removed and replaced, at the Contractor’s expense. Any concrete which needs to be repaired shall be repaired by methods approved by the Architect/Engineer. 3.12 CLEANUP: It is the intent of this contract to ensure that an adequate cleanup job will be performed by the Contractor as soon during the construction procedure as possible. In particular, all concrete edging and sidewalk shall be backfilled as soon as possible. Before the project is accepted by the Owner, all rocks, stones, and other construction debris shall be removed. All necessary cleanup work shall be considered subsidiary to the various bid items in this contract. 3.13 SCHEDULE OF TEST SPECIMENS: Provide the indicated number of sets of specimens for testing, there being three cylinder specimens per set as described in this specification. Specimens shall be taken during placement of concrete as directed by the Owner or Architect/Engineer and under the supervision of a representative of the laboratory testing agency. Provide one (1) set per truck. END OF SECTION 03310 APPENDIX CITY OF COPPELL STANDARD FORMS Contractor's Application for Payment No. Application Application Date: Period: To From (Contractor): Via (Engineer): (Owner): Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: 1. ORIGINAL CONTRACT PRICE..........................................................$ 2. Net change by Change Orders................................................................ $ Cost ($) Calendar Days Cost ($) Calendar Days 3. Current Contract Price (Line 1 ± 2)....................................................... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F total on Progress Estimates).................................................$ 5. RETAINAGE: a. X Work Completed..........$ b. X Stored Material............$ c. Total Retainage (Line 5.a + Line 5.b)............................ $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c)........................... $ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)....... $ 8. AMOUNT DUE THIS APPLICATION.................................................$ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G total on Progress Estimates + Line 5.c above).....................$ 12a. CONTRACT DAY INC/DECR PENDING CHG ORDER Contractor's Certification Payment of: $ is recommended by: Payment of: $ is approved by: Contractor Signature Approved by: By: Date: Deductions Application For Payment Funding or Financing Entity (if applicable) (Line 8 or other - attach explanation of the other amount) (Date) (Date) Change Order Summary (Engineer) (Owner) TOTALS (Line 8 or other - attach explanation of the other amount) (Date) CHANGE ORDERS Number Additions Approved Change Orders NET CHANGE BY 10. CALENDAR DAYS USED ON PROJECT 11. CURRENT CONTRACT DAYS (540 + Net Change) 12. PROJECT DAYS REMAINING (Line 11 - Line 12) The undersigned Contractor certifies, to the best of its knowledge, the following: (1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such Liens, security interest, or encumbrances); and (3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. (4) Project days remaining reflects true, full, and accurate accounting of work days utilized and remaining in accordance with the Contract Documents as of the date of signature. No adjustments to "current contract days" for previous time impacts will be made unless identified on a pending change order, and reflected on line 12a. EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. 7-1 Progress Estimate - Lump Sum WorkFor (Contract):Application Number:Application Period:Application Date:B C D Materials Presently Total Completed Balance to FinishStored (not in C or D) and Stored to Date(B - F)(C + D + E)Contractor's ApplicationTotals% (F / B) GESpecification Section No.DescriptionScheduled Value ($)AThis PeriodFWork CompletedFrom Previous Application (C+D)EJCDC® C-620 Contractor's Application for Payment© 2013 National Society of Professional Engineers for EJCDC. All rights reserved.7-2 Progress Estimate - Unit Price Work Contractor's ApplicationFor (Contract):Application Number:Application Period:Application Date:Totals% (F / B) Bid Item No. DescriptionBalance to Finish (B - F)Contract InformationItem QuantityUnitsUnit PriceTotal Value of Item ($)ItemEstimated Quantity InstalledValue of Work Installed to DateMaterials Presently Stored (not in C)Total Completed and Stored to Date (D + E)ABCDEFEJCDC® C-620 Contractor's Application for Payment© 2013 National Society of Professional Engineers for EJCDC. All rights reserved.7-3 Stored Material Summary Contractor's ApplicationFor (Contract):Application Number:Application Period:Application Date:BEGTotalsDFStored Previously Incorporated in WorkDate Placed into Storage (Month/Year)Amount ($)Date (Month/ Year)Amount ($)Materials Remaining in Storage ($) (D + E - F)Amount Stored this Month ($)Subtotal Amount Completed and Stored to Date (D + E)Supplier Invoice No.Submittal No. (with Specification Section No.)ACBid Item No.Storage LocationDescription of Materials or Equipment StoredEJCDC® C-620 Contractor's Application for Payment© 2013 National Society of Professional Engineers for EJCDC. All rights reserved.7-4 EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 7-5 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Contract Name: This [preliminary] [final] Certificate of Substantial Completion applies to: All Work The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.] Amendments to Owner's responsibilities: None As follows Amendments to Contractor's responsibilities: None As follows: The following documents are attached to and made a part of this Certificate: [punch list; others] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract. EXECUTED BY ENGINEER: RECEIVED: RECEIVED: By: By: By: (Authorized signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date: Date: EJCDC® C-940, Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 7-6 Work Change Directive No. Date of Issuance: Effective Date: Owner: Owner’s Contract No.: Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Contract Name: Contractor is directed to proceed promptly with the following change(s): Description: Attachments: [List documents supporting change] Purpose for Work Change Directive: Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: [check one or both of the following] Non-agreement on pricing of proposed change. Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price $ [increase] [decrease]. Contract Time days [increase] [decrease]. Basis of estimated change in Contract Price: Lump Sum Unit Price Cost of the Work Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date: Date: Approved by Funding Agency (if applicable) By: Date: Title: EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 7-7 Change Order No. Date of Issuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment: days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title : Title : Date: Date : Date : Approved by Funding Agency (if applicable) By: Date: Title: EJCDC® C-942, Field Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 7-8 Field Order No. Date of Issuance: Effective Date: Owner: Owner’s Contract No.: Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Contract Name: Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions Paragraph 11.01, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. Reference: Specification(s) Drawing(s) / Detail(s) Description: Attachments: ISSUED: RECEIVED: By: By: Engineer (Authorized Signature) Contractor (Authorized Signature) Title: Title: Date: Date: Copy to: Owner