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DR0001-CN030318T H E C 1 T Y O F CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MacArthur /Samuel Drainage Project DR 00 -01 Bid No. 1102 -01 FOR THE CITY OF COPPELL DECEMBER 2002 I r\ ear I v� TABLE OF CONTENTS Page # Section 1 - Bidding Documents Notice to Bidders 1 -4 Instructions to Bidders 1 -5 Proposal/Bid Schedule 1 -15 Prevailing Wage Rates 1 -25 _ Section 2 - Contract Documents Standard Form of Agreement (Contract) 2 -2 Certificate of Insurance 2 -8 _ Instructions for Bonds 2 -9 Performance Bond 2 -10 Payment Bond 2 -12 _ Maintenance Bond 2 -14 For this project, the Standard Specifications for Public — Works Construction - North Central Texas, as prepared by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details shall — govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items — included herein. Section 3 - City of Coppell's Supplementary Conditions 3 -1 _ to the NCTCOG General Provisions _ Section 4 - Specific Project Requirements 4 -1 Section 5 - Description of Pay Items 5 -1 SECTION 1 BIDDING DOCUMENTS COPPELL P � NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of the MacArthur / Samuel Drainage Project - No. DR 00 -01. Plans and Specifications may be obtained for a non - refundable cost of $25.00 from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (972) 304- 3698. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of the MacArthur / Samuel Drainage Project No. DR 00 -01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., January 16, 2003, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q- 1102 -01 designated clearly on the exterior of the bid envelope. A Pre -Bid Conference has been scheduled for this project at the Coppell City Hall in the Engineering Department (255 Parkway Boulevard) at 2:00 p.m. on January 8, 2003. The — conference is not mandatory; however, all interested bidders are strongly encouraged to attend. _ The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. )_q Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: _ Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of the installation of approximately 978 linear feet of storm pipe and five inlets near the intersection of MacArthur Blvd. and Samuel Blvd. It includes removal and replacement of paving and traffic control. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for DR 00 -01. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25.00. The following general requirements pertain to the Bidding Documents: A) No bidding documents will be issued later than two (2) days prior to the bid opening date. 1 -5 Bidding Documents B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. _ 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience. The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment. The Bidder shall provide a list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial. Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited 1.6 Bidding Documents certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from Samuel Blvd. and MacArthur Blvd. It shall be the contractors responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, _ improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move _ services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed 1.7 Bidding Documents by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions upon completion of such explorations. 6.5 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 1_8 Bidding Documents 8. Contract Time. 8.1 The time for completion in calendar days should be included on the Bid Form in the space provided. Completion time will be a strong factor in the award of this project. All work _ shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. 9. Liquidated Damages. — Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred forty dollars ($240.00) per day. 10. Substitute or "Or- Equal" Items. _ The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications _ that a substitute or "or- equal" item of material or equipment may be famished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. 1 -9 Bidding Documents If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By _ If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in- fact. If signed by an attorney -in -fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. 1 -10 Bidding Documents 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 478, Coppell, _ Texas 75019 until, 2:00 p.m., January 16, 2003 and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. 4- 1102 -01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED Construction of : MacArthur / Samuel Drainaee Project DR 00 -01 on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 19. Award of Contract. 19.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the _ Successful Bidder. The Owner also reserves the right to reject all nonconforming, non - responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the __ 1 -11 Bidding Documents Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the _ indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.2 In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 19.3 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.5 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.6 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. 20. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 21. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 1 -12 Bidding Documents 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, — conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 1 -13 Bidding Documents 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two -year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1_14 Bidding Documents BID PROPOSAL ADDENDA NO. 1 ADDENDUM NO: ONE PROJECT NAME: MacArthur / Samuel Drainage DR 00 -01 Bid No. Q 1102 -01 LOCATION: COPPELL, TEXAS ISSUED BY: City of Coppell ISSUE DATE: Jan. 8, 2003 BID DATE: Jan. 16, 2003 1. This addendum is issued to provide clarification of several Pay Items for the above referenced project. 2. Staple these addenda to the inside of the rear cover of the construction specifications or bind it into the construction specifications at the end of the Bid Proposal. 3. Note receipt of all addenda on the Bid Form located in the Bidding Documents, and also on the outside cover of the envelope containing the Bid Documents. CONSTRUCTION SPECIFICATIONS 1. Pay Item No. 2.2 Page 5 -2 Delete: "Under pavement, the backfill shall be stabilized sand from the top of the embedment to the bottom of the subgrade." Insert: "Beginning and ending at a point one foot behind the back of the curb the backfill shall be stabilized sand from the pipe foundation to the bottom of the subgrade. All joint material shall be Omni -flex joint gaskets." 2. Pay Item No. 2.4 Page 5 -3 Delete: "Under pavement, the backfill shall be stabilized sand from the pipe foundation to the bottom of the subgrade." Insert: "Beginning and ending at a point one foot behind the back of the curb the backfill shall be stabilized sand from the pipe foundation to the bottom of the subgrade." 3. Pay Item No. 2.6 Page 5 -4 Delete: "Under pavement, the backfill shall be stabilized sand from the pipe foundation to the bottom of the subgrade." Insert: "Beginning and ending at a point one foot behind the back of the curb the backfill shall be stabilized sand from the pipe foundation to the bottom of the subgrade." 4. Pay Item No. 2.10 Page 5 -5 Delete: "This bid price will be inclusive of saw cutting (full depth) Samuel Blvd. one foot out from the existing face of curb line and approximately 30 -feet parallel to the curb line. Removal and disposal of the 30' x 1' portion of concrete is inclusive to the bid price." Insert: "This bid price will be inclusive of saw cutting (full depth) Samuel Blvd. 1 1/2 foot out from the existing face of curb line and approximately 22 -feet parallel to the curb line. Removal and disposal of the 22' x 1 1/2' portion of concrete is inclusive to the bid price." 5. Pay Item No. 2.16 Page 5 -7 Insert following sentence at the end of the first paragraph: — "The width of the bridge shall be the same as the width of the excavated trench and the length shall be a minimum of two feet." 6. Pay Item No. 2.20 Page 5 -8 Delete: "This pay item shall consist of the removal, disposal and replacement of the existing concrete paving." Insert: "This pay item shall consist of the removal, disposal and replacement of the existing eight inch concrete paving." 7. Section 4 Specific Project Requirements 1.13 Preservation of Trees Page 4 -4 Clarification of "Penalty for destruction of a tree without permission shall be $500 each payable to the owner." This statement refers to damage to existing trees. This does not allow for the removal of the tree. The contractor is not authorized to remove trees on this project. Any tree removed because of damage caused by negligence of the contractor will be compensated to the owner in the amount of $2,000 each. 8. Handouts at Pre -Bid: a) Detail of Type `A' & `B' Manhole and b) Pre -Bid Meeting Agenda. > r: \1 ZW :G l -! — " { x4 •� /�� z� x � \/\ k % �7m § w ■ ui � ir 0 I-- (n z ¢ G \ \k k� j\ , m < B _ 02> � % a CO Ix §E§\ » ( U) 2 Ix O � U) Q w � a z z� x � \/\ k % �7m § w ■ ui � ir 0 I-- (n « « z 0 R w � G \ \k k� j\ , m ® ;r 02> � % >«- Ix §E§\ » ( U) 2 Ix O � « « z 0 R w . � , m : 2 � « Ix w » w U) 2 Ix O I-- U) Q w a z >- 0 � R w > q w. § \` m \! 0 \� U. �� \ V A lV -- - -- -------- 9L J_ • � W W ------------ Ll LL O Z O ix co U W : w W 0 Z O ZN 3! u V) z w W a. 0:!Q;! CL W co Fi I n o Ld V) S318VA t w 0 0: 0. '& O w M -% w co cr 9;� L j W6 M w a: lV -- - -- -------- 9L J_ • � W W ------------ Ll LL O Z O ix co U W : w W 0 Z O ZN 3! u V) z w W a. 0:!Q;! CL W co Fi lV -- - -- -------- 9L J_ • � W W ------------ Ll LL O ix co U W : w W 0 Z O ZN 3! u V) z w W a. 0:!Q;! CL W co BID FORM tOJECT IDENTIFICATION: MacArthur / Samuel Drainage DR 00 -01 in Coppell, Texas D OF �i�C.�t� 1 N( - DATE 1- 110 - O (NAME OF FIRM) PS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell, Texas 75019 TY OF COPPELL BID NO: Q- 1102 -01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. k] In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): r s No: Date: 03 Recd: O� 1 -15 Bidding Documents 2. (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or famishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1 -16 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. BIDDER will complete the Work for the following price(s): 1 -17 Bidding Documents MacARTHUR / SAMUEL DRAINAGE Project # DR 00 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -1 90 LF Remove 30" RCP Complete in Place y;FT i Dollars and ;\�3 Cents � per LINEAR FOOT. I -2 75 LF 36" Class IV RCP Complete in Place /q/ .(�rc Dollars and 1 40 Cents per LINEAR FOOT. I -3 277 LF 27" Class III RCP Complete in Place 71+4 Dollars and 4 0 Cents L / Per LINEAR FOOT. 7 I -4 187 LF 24" Class IV RCP Complete in Place I'r i115. Dollars and No Cents 6% Off' W per LINEAR FOOT. I -5 209 LF 24" Class III RCP Complete in Place Y i F GkX- Dollars and _ t� Cents per LINEAR FOOT. I -6 167 LF 21" Class N RCP Complete in Place J I l (�rGt7' Dollars u and f\10 Cents per LINEAR FOOT. S4 gds 1 -18 Bidding Documents MacARTHUR / SAMUEL DRAINAGE Project # DR 00 - 01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -7 68 LF 21" Class IE RCP Complete in Place t'� t•�1 if uE Dollars and Cents �`/ r C � �;C_c per LINEAR FOOT. 1 -8 1 EA 10' Openback Recessed Curb Inlet (Includes saw cut & paving for gutter transition) Complete in Pla e ,6p Pc 'Sollars y and N Cents per EACH. I -9 2 EA 10' Recessed Curb Inlet (Includes saw cut & paving for gutter transition) Complete in Pla(;e n T' a" N n Dollars G� L e= and 1 Cents per EACH. I -10 2 EA 6' Curb Inlet (Includes saw cut & paving for gutter transition) Complete in Place ; (� �� �� N1,J�tN ollars �� and //0 Cents per EACH. I -11 1 EA Type `A' Stormdrain Manhole (Includes breaking into existing 24" RCP) Complete ii Place V G �� y,riJ /�t7/ Dollars and W Cents per EACH. I7'3f,a 1 -19 Bidding Documents MacARTHUR / SAMUEL DRAINAGE Project # DR 00 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -12 1 EA Type `A' Stormdrain Manhole Complete in Place tr ArhA- PDollars �; v and No Cents per EACH. I -13 1 EA Type `B' Stormdrain Manhole Complete in Place �� 14 t CCt :W Dollars c gcq�v and +j I Cents per EACH. 1 -14 1 EA Transition Structure to Connect 36" RCP to existing structure Complete in Place� 7440 il ollars and r o Cents per EACH. I -15 4 EA Lower existing 12" Water Line Complete in P ac� f t v'L " 6olIars and /V o Cents G 7 per EACH. I -16 4 EA `Bridge' existing 12" Water Line Complete in Place Ed R, l AOx , u KII` J 'hollars and Iq 0 Cents per EACH. I -17 1 LS Traffic Control Complete in Place C Tlky507�-O Dollars p0U and Tl Cents t per LUMP SUM. 1 -20 Bidding Documents MacArthur / Samuel Drainage DR 00 -01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -18 1040 LF Saw cut existing concrete for RCP Installation and pavement repair Complete in Place -\ K Dollars and ri o Cents Z /u per LINEAR FOOT. 1 -19 46 LF Curb Removal and Replacement (Includes saw cut) Complete in Place 1 ygj,�Lj Iri Ue- Dollars and Cents per LINEAR FOOT. I -20 262 LF Pavement Repair Complete in Place f jiG I Dollars and N ' Cents per LINEAR FOOT. I -21 1 LS Repair Irrigation System Complete in Place (1rL4- A- t,,-4 Dollars and 1 Cents per LUMP SUM. I -22 1 LS Sod / Hydro Mulch Complete in Place VOL, 7t4ot -r) 7 Dollars and r7e Cents _ per LUMP SUM. TOTAL BID ITEMS BASE BID I -1 thru I -22 TANGIBLE PERSONAL PROPERTY COST 1-21 Bidding Documents BID SUMMARY CALENDAR TOTAL PRICE DAYS 6. BIDDER agrees that all Work awarded will be completed within _qo Calendar Days. Contract time will commence to run as provided in the Contract Documents. 7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. g. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 9. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract 440 quantities will be adjusted accordingly. SUBMITTED ON w ► �u Pte( NC 2oO 3 Signature: �t I N S IAN I 1 1_22 Bidding Documents : � TOTAL BID ITEMS BASE BID I -1 thru I -22 S BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bid opening. STATE OF -rF K � COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared TI; n M 5 130 tit t�- who after being by me Name duly sworn, did depose and say: I, J Eyi-N 5 13O/Jey am a duly authorized office /agent for Nam ` , t1�` , SN o . and have been duly authorized to execute the Name of Firm foregoing on behalf of the said S' o o I �'�° Name of Fi I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: S t- - (10 iv o V-E-TE e . Telephone: - 5 - C'� 33 by : FjE)j Title: Signature: os SUBSCRIBED AND SWORN to before me b the above named on this the � ` day of 7Xl ti U 1 - y 20 JODIEC.COUCH MV commtss10N E UVES ... OcWbw 12.2006 1 -23 Bidding Documents Notary Public in and for the State of 77ax6S If BIDDER IS: An Individual By (Individual's Name) doing business as Business address A Partnership By (Firm Name) Phone No. (General Partner) Business address A Corporation By (Corporation Name) Phone No. By (State of Incorporation) (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) 1 -24 Bidding Documents PREVAILING WAGE RATES The City of Coppell is the contracting agency for this project. The following statue requires any contracting agency to specify the generally prevailing rate of wages in contracts that are bid. Vernon's Texas Civil Statutes -Article 5159a: 1 -25 Bidding Documents "Construction of Public Works in State and Municipal or Political Subdivisions; - Prevailing Wage Rate to be Maintained. " Air Tool Operator . ............................... 9.00 Concrete Paving Saw . ............................... 10.39 Asphalt Raker ..... ............................... 9.55 Concrete Paving Spreader . ..........................10.50 - Asphalt Shoveler .. ............................... 8.80 Slipform Machine Operator .......................... 9.92 Batching Plant Weigher ........................ 11.51 Crane, Clamshell, Backhoe, Carpenter .......... ............................... 10.30 Derrick, Dragline, Shovel ........................... 11.04 Concrete Finisher - Paving ...................... 10.50 Foundation Drill Operator Crawler Mounted ..... 10.00 _ Concrete Finisher - Structures ................... 9.83 Foundation Drill Operator Truck Mounted ....... 11.83 Concrete Rubber .. ............................... 8.84 Front End Loader ...... ............................... 9.96 Electrician .............. ..........................15.37 Milling Machine Operator ........................... 8.62 - Flagger .............. ............................... 7.55 Mixer ................... ............................... 10.30 Form Builder - Structures ........................ 9.82 Motor Grader Operator Fine Grade ............... 11.97 Form Liner - Paving and Curb .................. 9.00 Motor Grade Operator ............................... 10.96 Form Setter - Paving and Curb .................. 9.24 Pavement Marking Machine ......................... 7.32 - Form Setter - Structures ......................... 9.09 Roller, Steel Wheel Plant -Mix Pavements ......... 9.06 Laborer - Common . ............................... 7.32 Roller, Steel Wheel Other Flatwheel or Laborer - Utility .... ............................... 8.94 Tamping .......... ............................... 8.59 _ Mechanic .......... ............................... 12.68 Roller, Pneumatic, Self - Propelled .................. 8.48 Oiler............... ............................... 10.17 Scraper ................... ............................... 9.63 Servicer ............ ............................... 9.41 Tractor - Crawler Type ............................... 10.58 Painter - Structures ............................... 11.00 Tractor - Pneumatic ..... ............................... 9.15 - Pipe Layer ......... ............................... 8.98 Traveling Mixer ........ ............................... 8.83 Blaster ............. ............................... 11.50 Wagon - Drill, Boring Machine ..................... 12.00 Asphalt Distributor Operator .................. 10.29 Reinforcing Steel Setter Paving .................... 13.21 _ Asphalt Paving Machine ..................... I0.30 Reinforcing Steel Setter Structures ................ 13.31 Broom or Sweeper Operator .................... 8.72 Steel Worker- Structural ............................ 14.80 Bulldozer ........ ............................... 10.74 Spreader Box Operator .............................. 10.00 Concrete Curing Machine ...................... 9.25 Work Zone Barricade .. ............................... 7.32 - Concrete Finishing Machine .................. 11.13 Truck Driver - Single Axle Light ..................... 8.965 Concrete Paving Joint Machine ............... 10.42 Truck Driver - Single Axle Heavy .................... 9.02 Concrete Paving Joint Sealer .................. 9.00 Truck Driver - Tandem Axle Semi Trailer ......... 8.77 Truck Driver Lowboy /Float ................... 10.44 Truck Driver- Transit Mix ...................... 9.47 Truck Driver- Winch ............................ 9.00 Vibrator Operator -Hand Type .................. 7.32 _ Welder ............ ............................... 11.57 1 -25 Bidding Documents SECTION 2 CONTRACT DOCUMENTS COPPELL STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the year 2001 by and between the CITY S - 7 , h day of IV J9 W tq m the OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and SITE CONCRETE, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the installation of approximately 978 linear feet of storm pipe and five inlets near the intersection of MacArthur Blvd. and Samuel Blvd. It includes removal and replacement of paving and traffic control. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for DR 00 -01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the MacArthur / Samuel Drainage Project DR 00 -01 Bid No. Q- 1102 -01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract _ administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2 -2 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 90 Calendar days from the date when the Contract time commences to run as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ 132,395.00. The total tangible personal property cost included in the contract sum is $ 65,000. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 2 - 3 Contract Documents 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC -1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said _ Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and 2 -4 Contract Documents conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2 -2 thru 2 -7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3 -2 thru 3 -10). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the "MacArthur / Samuel Drainage Project DR 00 -01 for the City of Coppell ". 8.8. Drawings entitled: "MacArthur / Samuel Drainage Project DR 00 -01 for the City of Coppell' 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 2 -5 Contract Documents 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 1.37 and 1.38 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2 -6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: City of Coppell 255 Parkway Boulevard 3340 Roy Orr Grand Prairie, TX 75050 1:3M TITL ATTI Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) / ~,Ov / csr 20 0- 3 CONTRACTOR: Site Concrete, Inc. BY: J ;gvtl s NL TITLE: Y /DE.t1 T ATTEST: Address for giving notices: "40M, i .t (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2 -7 Contract Documents Coppell, TX 75019 if SITE CONCRETE, INC. 3340 Roy Orr • Grand Prairie, TX 75050 -4207 972 -313 -0733 • Fax 972 -513 -0825 Estimating Fax 972 -513 -0661 RESOLUTION I, J. M. Boney, Vice - President of Site Concrete, Inc., authorize Jean S. Boney, President of Site Concrete, Inc., to sign contract documents for MacArthur /Samuel Drainage Project No. DR 00 -001, Coppell, TX. . Date STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, a Notary Public in the state and county aforesaid, on this day personally appeared JM. Boney Subscribed and sworn before me on this �6 day of Qi 20 N t *Public State of Texas My commission expires: /0l/L/0 (p x JODIE C. COUCH MY COMMISSION MORES Oco W 12, 2006 Sent by: ALLIED GROUP Y THE POLICIES OF INSURANCE LISTED BROW HAVE BEEN ISSUED TO THE INSUAED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RSOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMEINTWTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE_ LIMITS &TOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NB POLICIES. ML 7 TYPEOPINBURANCO POLICY NUMBER Tea T1 L1MR5 ampALUASKJTY EACH OCCU N __ 1000 BEEF - A X COMMERCIALGMER�AL�UABILITY GL02070100 01/11/0'] 01/11/09 ASE A anaNre 90000 CLAIMS MADE 51 OCCUR ,�, mFm EXP LA= Sa9AHf d INSURERS AFFORDING COVERAGE r 10 — _ R - t 2A0IM GEWL AGGREGATE LIMIT APPUES PER 3 _ P X P L ILVW46 TUN 750154411 A AUTOMOMILE WASILITY ANY AUTO TAP2071127 011111/82 ow 11/ Od 00140INED SINGLE LIMIT Ica =dorm ¢ 1,000.000 X ¢ - ALL OWNED AUTOS SCHRDULBD AUTOS BODILY iNJURY BODILY INJURY tPeraaknrJ X HIRED AUTOS NON-0WNEO AUTOS ¢ ....,.. X ...��— PROPERTY DAMAdt 1¢ - - -• (Peramdam) GARAGE LIABILRY ALROONLV- EA AOGI OTHER THAN AUTO ONLY! A ,... ANY AUTO 13 EBC866UABIU7Y X OCCUR D CLAIMS MADE TUL077M 05111102 01111/09 EACNCCCURREN AGGRECAU III IMA DEDUCTIBLE s , _ -- ¢ RETENTION 5 0 WORKERS COMP9WTION AND WC287512¢ 06111/ 02 0511 V 09 X y� L. EACH ACCIDENT _ • . ¢ 100.000 ,• IMPLOVEWILIAOIUTY •EA MPLOY 500 E.L. D Y LIMIT 15 SW OTMR I D66CRWYMN OF OPEMTIONbL00AT10N3rvoBCLReIEXCLUSION3 ADDED MY INDOR66MEM/SPECIAL PROVIIION6 Project- Job o 29029; WeANvinili musl Drolnryp Fropot No. DR 00.01, Coppoll ,.. City of Coppoll is named Additional Insured for cowro0// meld WorloW Companaadon and a provided Walear of 9ubnwwn for all Dowrayss. City of Coppoll V. 0. Bo 478 2SS Parkway Colwell Tama ACORD 25-S (7/47) 9727397034; 03/17/03 4:27PM;] *ffjx 1/439; Page 2/2 MA1i9tiCLLJi111VN SHOOED ANY OF THE ABOVE DESCRIDCD POLICIEa p CANCELLED aaFORE THE ENARATION DATE THEREOF, THE IBSUINO INSURER WILL ENDEAVOR TO MAIL _90-x. DAYS M pnwN NOTICa TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT PAILURE TO 0060 SHALL REPOSE NO ONLICA ICI OR LIABILITY OF ANY KND Y THE INSURER, RS AeaNT5 on RBPRE6ENTam1 AUTHORIZED REP A �. �.•0.�� OACORD CORPORATION 1MR ACO M CERTIFICATE OF UABILITY INSURANCE DATE (M n o9n7nm5 PRODUCER TRIS CWMFICATE IS ISSUED AS A MATTNR OF INFORMATION Allied N. Amwka CorP. Of TIr 12770 Cott Rod, 8ulta 730 ONLY AND CONFERS NO RIGHTS UPON THEN CRRTIFICATE HOLDER. 71118 ES 18 CERTIFICATE DO NOT AMEND, WPM OR ALTER THE COMRAM AFFORDED MY THE E21.1104LS BELOW. Dallas. 1% 71251 (972)45 1400 1`0 M97 INSURERS AFFORDING COVERAGE tNC1inED - ' '" A' Zurich Amarlean Mounmoo Co - INSURER INSURER e: Grant Amarim bmnnm CID 91ts Comets, Irre 06LAIFAC: hip~ Zurlah Inoursoc Cc P. 0. Box 154491 ILVW46 TUN 750154411 INSURER D: INSURER E: Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance which will be executed and bound here with final documents. 2 -8 Contract Documents General Instructions For Bonds A. The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. B. The name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the — secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2 -9 Contract Documents PERFORMANCE BOND Bond No. 063951 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL +'N BY THESE PRESENTS: That Site Concrete, Inc. Whose address is 33 Roy Orr B Grand Prairie, TX 75050 hereinafter called Principal and American Motori Insurance oMany & Arch Insurance fd mo 9 a corporation organized and existing under the laws of the State of Illinois & M issou ri and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum Of One Hundred Thirty Two Thousand Three Hundred Ninety Five and no /100 DOLLARS ($ 132,395.00 ) 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, fierily by these presents_ This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME, is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the late of March � , A.D. 20 03 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the. MacArthur / Samuel Drainage Project No. DR 00 -01 Bid No. Q- 1102 -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, wish or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall _ fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect, 2 -10 Contract Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas_ AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein ac the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered _ and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. _ IN WITNESS WHEREOF, this instrument is executed in Three ( 3) copies, each one of which shall be deemed an original, this the 18th day of March — , 20 PRINCIPAL SURETY Site ConcKqe, Oc. American Motorists Insurance C an & Arch Insurance Company By , 13 B -r--- Title: Jea S. Bonev, President Title; Michael B Hill, Attorney - In -Fart AT T: ATTEST: ResI gent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: William D. Baldwin _ ADDRF,SS. 1201 Kas Dr., Ste. B, Richardson, TX 75061 NDTE. Date ofPerformanee Bond must be date of Contract- If Resident Agent is not corporation, give person's name. 2_11 Contract Documents PAYMENT BOND Bond No. '063951 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That site Concrete, Inc. _ ^ ^� whose address is 3340 Roy Orr Blvd., Grand Prairie, TX 75050 , hereinafter called Principal, and American Motorists Insurance Company 6 Arch Insurance Company , a corporation organized and existing under the laws of the State oft l l i not s 6 Missouri, and fully licensed to transact business in the State of Texas as Surety, are held and - firmly bound unto the CITY OF COPPBLLL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary", in the penal sum Of One Hundred Thirty Two Thousand Three Hundred Ninety Five and no /100 DOLLARS ($ 132.395.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the ,1att, of March _ , A.D. 20 03 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: MacArthur / Samuel Drainage Project No. DR 00 -01 Bid No. Q- 1102 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PRO'V'IDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to 2 -12 Conlraci Documents the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernoes Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7,19 -1 of the insurance Code, Vernods Annotated Civil Statutes of the State of Texas_ IN WITNESS WHEREOF, this instrument is executed in Three (3) copies, each one of which shall be deemed an original, this the 18th day of March 1 20 - 03 PRINCIPAL Site Concr I nc. By: Title: Jean S. Boney, President Mi INI American Motorists Insurance Company 3 Arch insurance Company �: �►t/ 1 Title Mich B. Hil l, Att -Fact A S T: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: F"1:3=1 William D. Baldwin ADDRESS : 1201 Kas Dr., Ste. B, Richardson, TX 75081 NOTE: Date of Performance Bond mast be date of Contract. If Resident Agent is not a corporation, give a person's name. 2 -13 Contract Documents MAINTENANCE BOND Bond No. 063951 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Site Concrete, Inc. as Principal, and American Motorists Insurance Company 8 Arch Insurance Company , a corporation organized under the laws of state of Illinois and Missouri — as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the t „ _ a- C&M-11 , a Municipal Corporation, Texas, the sum of Sixty Six Thousand one Hundred Ninety Seven Dollars and 50/100 Cents ($ 66,197.50 ) , for the payment of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said has this day entered into a written contract with the said city of copper to build and construct MacArthur / Samuel Drainage Project No. DR 00 -01, which contract and the plans and specifications therein mentioned, adopted by the City of Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and /or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its;' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then thcse presents shall have full force and effect, and said city_ coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood 2 -14 Contract Documents that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. Eli WITNESS WHEREOF, the said Site Concrete, I nc. has caused these presents to be executed by and the said American Motorists Insurance Company & Arch Insurance uf W ycaused these presents to be executed by its Attorney in fact and the said Attorney in fact Michael B. Hill , has hereunto set his hand, the 16th day of March , 20 PRINCIPAL Site Concrete, Inc. B S -� Title: Jean S. Boney, President SURETY American Motorists Insurance Company li Arch Ins urance Company By: Title: Michael B. Hill, Attorney-In -Fact M _ ATTEST:, NOTE: Date of Maintenance fond must not be prior to date of Contract. 2 -15 Contract Documents POWER OF ATTORNEY Know All Men By These Presents: _ That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company ") do hereby appoint Michael B. Hill, Cindy Fowler, William D. Baldwin and Suzanne C. Baldwin of RICHARDSON , TX (EACH) their true and lawful agent(s) and Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Michael B. Hill, Cindy Fowler, William D. Baldwin, and Suzanne C. Baadwin of Richardson, TX (EACH) its true and lawful Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLO013 00 03 03 __ Page 1 of 2 Printed in U.S.A. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact American Manufacturers Mutual Insurance Company, American Motorists Insurance Company, and /or Lumbermens Mutual Casualty Company for Information or to make a complaint at: Kemper Insurance Companies Attn: Surety Claims 1 Kemper Drive, K -7 Long Grove, IL 60049 -0001 (847) 320 -5996 (847) 320 -5828 Fax You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. BOX 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -048, Government Code, and Section 53 -202, Property Code, effective September 1, 2001. Insurance Companies IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 _ The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and: 1. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; and 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States or to influence the policies or conduct of the United States Government. The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer deductibles are 7 %, 10% and 15% of the prior year's direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for "certified acts of terrorism" coverage is $ 0. SR 80 37 (Ed. 11 02) Page 1 of 1 Printed in U.S.A. SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS COPPEL,L CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1.0 - DEFINITIONS SC -1.0 En ig neer The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day Add the following sentence to the end of the working days definitions: Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy- two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC -1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 3 -2 Standard Specifications Supplementary Conditions ITEM 1.16 - NOTICE TO PROCEED SC -1.16 Add following sentence to end of Item 1.16. Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ITEM L19 - PRIORITY OF CONTRACT DOCUMENTS SC -1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC- 1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies ". Add the following to the end of Item 1.20.1: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC- 1.20.5 Add the following new Item 1.20.5 immediately after Item 1.20.4: 1.20.5 Existing Utilities and Sewer Lines The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR 3 -3 Standard Specifications Supplementary Conditions shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC- 1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor ". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC- 1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: 1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer hannless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive 3 -4 Standard Specifications Supplementary Conditions remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. ITEM 1.26 - INSURANCE SC- 1.26.6 Add the following new item: 1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC- 1.26.7 Add the following new item: 1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. ITEM 1.27 - MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES SC- 1.27.4 Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years ". ITEM 1.32 - WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; FINAL CLEANUP SC- 1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereof- "Construction stakes /surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the 3 -5 Standard Specifications Supplementary Conditions requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC -1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS; EXTENSION OF TIME; LIOUIDATED DAMAGES SC -1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC -1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the following conditions: 3 -6 Standard Specifications Supplementary Conditions ITEM 1.49 - OWNER'S, EMPLOYEES OR AGENTS SC- 1.49 -2 Replace Item 1.49.2 with the following new paragraph: 1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC -1.58 Delete Item 1.58 and substitute the following in lieu thereof: 1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax -free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidders bid form will be used to develop the "separated contract" and will determine the extent of the 3 -7 Standard Specifications Supplementary Conditions tax exemption. Upon execution of the construction contract, the contractor shall furnish a _ breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. PART II: MATERIALS -DIVISION 2 MATERIALS ITEM 2.1.5 - TRENCH BACKFILL (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6 - RIPRAP OR STONE MASONRY (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387 -83. ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer ". (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." ITEM 2.2.2 - CHEMICAL ADMIXTURES (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. 3 -8 Standard Specifications Supplementary Conditions PART III CONSTRUCTION METHODS DIVISION 3 - SITE PREPARATION ITEM 3.1.2 - CONSTRUCTION METHODS Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3 - DENSITY — Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART III DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART III DIVISION 5 - PAVEMENT /SURFACE COURSES ITEM 5.8.2 - CONSTRUCTION METHODS (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4 -inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer ". 3 -9 Standard Specifications Supplementary Conditions (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to ] -1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART III DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION ITEM 6.2.9 - BACKFILL (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3 -10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E C I T Y 0 F SPECIFIC PROJECT REQUIREMENTS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C.O.G.). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal — Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TX.DOT Texas Department of Transportation _ C.D.G..S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas 4 -2 Specific Project Requirements 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 9478, Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right -of -way. Entrance onto private property shall be at the expressed approval of the ENGINEER only. — 1.5 PROJECT DESCRIPTION: This work shall consist of the installation of approximately 978 linear feet of storm pipe and five inlets near the intersection of MacArthur Blvd. and Samuel Blvd. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for DR 00 -01. 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.8 SOIL INVESTIGATION: A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 1.9 SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings 4 -3 Specific Project Requirements until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re- establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- - sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractors' responsibility for his own quality assurance /quality control testing. Contractor shall replace any deficient construction items. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 4 -4 Specific Project Requirements 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under pay item I -17 — Traffic Control. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right -of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal _ and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found - of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental to pay item I -17 — Traffic Control. 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. 4 -5 Specific Project Requirements b. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. C. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. _ 1.19 CLEANUP: During Construction The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new - appearing condition. 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. _ 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. 4 -6 Specific Project Requirements _ All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of — inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4 -7 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawing sand diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4 -8 Specific Project Requirements 4. Conformance with specifications. C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work which requires submittals until return of submittals with Engineer's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBMISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies which the contractor requires, plus four which will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of: a. Contractor b. Supplier C. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on resubmittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a \coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a register engineer on all structural submittals. 4 -9 Specific Project Requirements D. REVIEW: 1. Shop drawing and product data information review will be general. Such review will not relive the contractor of any responsibility and work required by the Contract. 2. Satisfactory shop drawings will be so designated and all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for resubmittal, or acceptance of submittal. C. Return submittals to Contractor for distribution, or for resubmission. 4 -10 Specific Project Requirements SECTION S DESCRIPTION OF PA Y ITEMS COPPELL SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, (b) removal of spoils, (c) replacement of striping or buttons removed during construction, (d) water for construction, (e) tree removal and disposal [if necessary, however care should be taken not to damage existing trees in the median] (f) surveying to re- establish grade, (g) any bends or fittings for the water line lowerings, (h) any damage to existing loops at the Samuel/MacArthur intersection, (i) any damage to existing street lighting conduit, and 0) any other incidentals necessary to complete the work. The above items are not meant to be a total and complete list of subsidiary items but only representative of the types of items that should be included in the various pay items associated with this project. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction ", latest addition, unless modified by these special provisions. 2.1. Remove 30" RCP: This pay item shall consist of removing and disposing of approximately 90 linear feet of 30" RCP in the intersection of MacArthur and Deforest Road. This pay item shall be inclusive of removing the 30" RCP from the existing headwall on the north and cutting the 30" RCP on the south. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.2. 36" Class IV RCP: This pay item shall consist of installing 75 feet of a 36" Class IV RCP in the intersection of Deforest Road and MacArthur Blvd. It will generally be installed on the same alignment as the 30" RCP that was removed under pay item #1. It will connect to a Type B Manhole to the south and the transition structure to the north. Under pavement, the backfill shall be stabilized sand from the top of the embedment to the bottom of the subgrade. 5 -1 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.3. 27" Class III RCP: This pay item shall consist of the installation of 277 linear feet of 27" Class III RCP within the median of MacArthur Blvd. between Samuel and Deforest. It will connect to the proposed Type `B' Manhole to the north and a Type `A' Manhole to the south. Care should be taken to preserve the existing trees in the median. There is an existing irrigation system and street light conduit within the median. Care should be taken to cause as little damage as possible to the existing irrigation system. Any repairs to the irrigation system will be compensated under pay item # 2.21. Any repair to the street light conduit is subsidiary to the bid price. All joint material shall be Omni -flex joint gaskets. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.4. 24" Class IV RCP: This pay item shall consist of the installation of 187 linear feet of 24" Class IV RCP pipe with a portion of it beneath MacArthur Blvd. The installation of this pipe will begin at Station 4 +90.11 of Line `B' and continue to the 6 -foot inlet on the north side of Samuel Blvd. Price shall be inclusive of all necessary work to connect the 24" RCP to the proposed 6 -foot inlet on Samuel. Under pavement, the backfill shall be stabilized sand from the pipe foundation to the bottom of the subgrade. All joint material shall be Omni -flex joint gaskets. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.5. 24" Class III RCP: This pay item shall consist of the installation of approximately 209 linear feet of 24" Class III RCP within the median of MacArthur Blvd. To the north it connects to a proposed Type `A' Manhole and to the south it connects to the Class IV 24" RCP. Care should be taken to preserve the existing trees in the median. There is an existing irrigation system and street light conduit within the median. Care should be taken to cause as little damage as possible to the existing irrigation system. Any repairs to the irrigation system will be compensated under pay item #2.21. Any repair to the street light conduit is subsidiary to the bid price. All joint material shall be Omni -flex joint gaskets. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 5-3 Description of Pay Items 2.6. 21" Class IV RCP: This pay item shall consist of the installation of approximately 167 linear feet of 21" Class IV RCP in three separate locations. Two of the locations are across MacArthur Blvd. connecting proposed inlets to Type `A' Manholes. The third location is across Samuel Blvd. between the two proposed six -foot inlets. The bid price will be inclusive of all necessary work to connect to the inlets and the Type `A' Manholes. Under pavement, the backfill shall be stabilized sand from the pipe foundation to the bottom of the subgrade. All joint material shall be Omni- flex joint gaskets. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.7. 21" Class III RCP: This pay item shall consist of the installation of approximately 68 linear feet of 21" Class III RCP. The location of this installation is between the proposed 10 -foot recessed open back inlet on MacArthur Blvd. and the proposed 6 -foot inlet on Samuel Blvd. The bid price will be inclusive of all necessary work to connect the 21" RCP to the proposed inlets. All joint material shall be Omni -flex joint gaskets. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.8. 10' Open Back Recessed Curb Inlet: This pay item shall consist of the installation of a 10 -foot open back recessed curb inlet on MacArthur Blvd near its intersection with Samuel Blvd. The bid price shall be inclusive of saw cutting (full depth) MacArthur Blvd. one foot out from the existing face of curb line and approximately 30 -feet parallel to the curb line. Removal and disposal of the 30' x 1' portion of concrete and the curb is inclusive to the bid item. The price will be inclusive of not only the inlet but also the gutter transition i.e., the repouring of the removed concrete to allow for the drainage to the inlet. It shall also be inclusive of the necessary apron and toe wall on the backside of the inlet to allow drainage from the vacant property to flow to the inlet. There may need to be some sloping of existing ground around the back of the inlet to insure that drainage flows to the inlet. This price shall be the complete compensation for removal of paving, installation of inlet and gutter transition and any necessary shaping of property on the backside of the inlet to insure proper drainage. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.9. 10' Recessed Curb Inlet: This pay item shall consist of the installation of two recessed curb inlets on MacArthur Blvd generally north of Cribbs Drive. The bid price will be inclusive of saw cutting (full depth) MacArthur Blvd. one foot out from the existing face of curb line and approximately 30 -feet 5-4 Description of Pay Items parallel to the curb line. Removal and disposal of the 30' x 1' portion of concrete and the _ curb is inclusive to the bid price. The price will be inclusive of not only the inlet but also the gutter transition i.e., the repouring of the removed concrete to allow for the drainage to the inlet. This price shall be complete compensation for removal of paving, installation of inlet and gutter transition. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.10. 6' Curb Inlet: This pay item shall consist of the installation of two 6' curb inlets on Samuel Blvd. as it approaches MacArthur Blvd. This bid price will be inclusive of saw cutting (full depth) Samuel Blvd. one foot out from the existing face of curb line and approximately 30 -feet parallel to the curb line. Removal and disposal of the 30' x 1' portion of concrete is inclusive to the bid price. The price will be inclusive of not only the inlet but also the gutter transition i.e., the repouring of the removed concrete to allow for the drainage to the inlet. This price shall be the complete compensation for removal of paving, installation of inlet and gutter transition. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall _ be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.11. Type `A' Manhole (Sta. 0 +00 Line `C'): This pay item shall consist of the installation of a Type `A' Manhole on the existing 24" RCP within the median of MacArthur Blvd. The bid price shall be inclusive of cutting the 24" RCP in two locations and doing all necessary grouting around the Type `A' manhole to allow for the reconnection of the 24" RCP on both sides of the Type `A' Manhole. The Type `A' Manhole will also have a 21" RCP going to a proposed inlet on MacArthur Blvd. There is an existing irrigation system and street light conduit within the median. Care should be taken to cause as little damage as possible to the existing irrigation system. Any repairs to the irrigation system will be compensated under pay item # 2.21. Any repair to the street light conduit is subsidiary to the bid price. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.12. Type `A' Manhole (Sta. 0 +00 Line `D'): This pay item shall consist of the installation of Type `A' Manhole at the pipe change from _ the 24" RCP to the 27" RCP. This bid price will be inclusive of all necessary work to make the connections. The Type `A' Manhole will have a 21" RCP going to a proposed inlet on MacArthur Blvd. There is an existing irrigation system and street light conduit within the median. Care should be taken to cause as little damage as possible to the existing irrigation 5 -5 Description of Pay Items system. Any repairs to the irrigation system will be compensated under pay item # 2.21. Any repair to the street light conduit is subsidiary to the bid price. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.13. Type `B' Manhole: This pay item shall consist of the installation of a cast in place Type `B' Manhole in the median of MacArthur Blvd. near Deforest Road. It shall include the reconnection of the existing 24" RCP in the median, the reconnection of the existing 21" RCP from the existing inlet on MacArthur Blvd. and the connection of the proposed 27" RCP. It shall also include the connection of the proposed 36" RCP to the north. There is an existing irrigation system and street light conduit within the median. Care should be taken to cause as little damage as possible to the existing irrigation system. Any repairs to the irrigation system will be compensated under pay item # 2.21. Any repair to the street light conduit is subsidiary to the bid price. _ Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for famishing all labor, materials, tools, and equipment necessary to complete the work.. 2.14 Transition Structure to connect 36" RCP to existing headwall: This pay item shall consist of connecting the proposed 36" RCP to the existing headwall in the intersection of MacArthur Blvd. and Deforest Road. The opening in the existing headwall is 30" and the structure shall transition from the proposed 36" Class IV RCP to the existing opening where the 30" RCP was removed from the headwall under Pay Item #1. Concrete thickness and rebar spacing shall be in compliance with the Type `B' Manhole on Sheet SD 9 of the City of Coppell Standard Details. This work shall be inclusive of all necessary work to complete the connection of the 36" RCP to the headwall including 12" long #6 dowels at 12" o.c. Special care should be taken in working around the two remaining RCP's that connect to the existing headwall. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.15. Lowering existing 12" water line: This pay item shall consist of the lowering of the existing 12" water line on the west side of MacArthur and the north side of Samuel Blvd. as necessary for the installation of the storm drain system and the inlets. It is anticipated that the water line will need to be lowered four _ times; however, depending on the proximity of the water line to the inlets at Sta. 63 +32 and Sta. 67 +58 of MacArthur, the water line may not need to be lowered in that area. Line B crosses the 12" water line in the free right turn lane from southbound MacArthur onto Samuel Blvd. It is anticipated that there will be a conflict with the water line at this location. The water line should be located prior to installation of the 24" RCP to determine the need for the 5 -6 Description of Pay Items lowering of the 12" water line. Any work associated with lowering the 12" water line in this location such as, saw cutting, pavement removal and repair, trench safety, etc. shall be considered subsidiary to the price bid for the lowering of the existing 12" water line. There will be some compensation for pavement repair under bid item #20 Pavement Repair; however, the limits of pavement repair under bid item 420 will only include the paving necessary to be removed for the installation of the 24" RCP. Any additional paving to be removed for the lowering of the water line in this location will be subsidiary to the cost of the lowering of the water line. The same 24" RCP crosses the 12" water line on the north side of Samuel Blvd. as it approaches the inlet at Sta. 0 +87.50. It is anticipated that this water line will need to be lowered in this location also. The price bid per each for the lowering of the water line shall include all bends and fittings (megalug and long) and all pavement removal and replacement necessary to complete the work (except that portion of the paving that will be compensated under pay item #20). Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, including bends and fittings (megalug and long), pavement repair and equipment necessary to complete the work. 2.16. `Bridge' existing water lines: This pay item shall consist of the `bridging' of four existing 12" water lines in the event that they are far enough away from the installation of the drainage system to allow for `bridging' in lieu of lowering. This pay item is provided in conjunction with pay item #15. It is anticipated that only one of the options of either lowering or `bridging' will be utilized at each crossing. If the RCP is not in conflict with the existing water line but the clearance is less than 2 feet, then a `bridge' shall be constructed (see detail on plans). Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, traffic control plan and equipment necessary to complete the work. 2.17. Traffic Control: This pay item shall consist of the placement of the required traffic control devices in accordance with the TMUTCD, City of Coppell and NCTCOG Standards and Specifications. Inclusive with this pay item will be the requirement for the submittal of a traffic control plan for the project as a whole. No lane will be allowed to be closed prior to 9:00 a.m. or after 4:00 p.m. During the timeframe of 9:00 a.m. to 4:00 p.m., with appropriate barricading, the inside lane of MacArthur may be closed for safety considerations associated with the installation of the RCP in the median. Where the RCP crosses the roadway, please be advised that no closure of the entire roadway will be allowed. At all times at least one lane in each direction must be allowed free passage across the roadway. Also, as previously stated, prior to 9:00 a.m. and after 4:00 p.m., two lanes in each direction must be allowed free passage _ through the work area. Because of the requirement for one lane to be opened at all tirnes, it is conceivable that the installation of the RCP will be in phases or that the trench will need to be adequately "plated" to allow for the free passage of vehicles through the work area. 5-7 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing all labor, materials, tools, traffic control plan and equipment necessary to complete the work. 2.18. Saw Cut existing concrete: This pay item shall consist of an initial saw cutting to allow for the installation of the RCP at various locations and a second sawcut one foot back of an undisturbed trench prior to — pavement repair. All saw cutting shall be full depth to provide for a smooth surface. Saw Cutting measurement will only be that required for the installation of the RCP and the additional one foot either side of an undisturbed trench for pavement repair. Per City of Coppell Standard Construction Details SD3, for the repair of a concrete street, one foot of concrete shall be removed on each side of the undisturbed trench prior to the repair of the concrete street. This saw cutting pay item does not include necessary full depth saw cutting to remove portions of the curb and gutter to allow for the installation of the new inlets. As noted, payment for saw cutting associated with the placement of the new inlets is considered subsidiary to the cost of those inlets in pay items 8, 9 and 10. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and _ shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.19. Curb Removal and Replacement: This pay item shall consist of the removal of approximately 46 linear feet of curb associated with the installation of the RCP. Please note that this pay item does not include the removal of the curb associated with the installation of the inlets. That is paid under pay items 8, 9 and 10. The locations of the curb removal are on both sides of the median on Samuel Blvd., the outside curb and the median curb on MacArthur necessary for the installation of Line B, the median curb on MacArthur necessary for the installation of Line C and Line D and a portion of the median nose curb on MacArthur at Deforest for the installation of Line A. This pay item shall be inclusive of saw cutting full depth the curb and any necessary portion of the gutter for removal of the material and replacement of the curb once the work is complete. Concrete used for curb replacement shall conform to concrete described in Item 2.20 below. Curb damaged by the Contractor due to his own negligence, shall be removed and replaced at Contractor's own expense. _ Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.20. Pavement Repair: This pay item shall consist of the removal, disposal and replacement of the existing concrete paving. It is anticipated that the pavement repair will be approximately 190 square yards. This is based on the outside diameter of the storm drain pipe plus one foot on either side for necessary embedment and two feet at the top to accommodate the requirement to reinstall the pavement one foot either side of the undisturbed trench. In total, it is basically the outside diameter of the pipe plus four feet. It is conceivable that the total square yards reinstalled 5 -8 Description of Pay Items could be more based on the actual removal of the paving during construction. However, payment will be strictly on the basis of the price per linear foot measured along the centerline of the storm drain pipe. Inclusive with this pay item will be the repair of any traffic signal loops damaged on Samuel and McArthur during the installation of Line `B'. Concrete used for pavement replacement shall meet NCTCOG Part II Materials, Item 2.1.1 - Aggregates for Portland Cement Concrete, Item 2.2.1- Cement and Part III Construction Methods Item 5.8- Portland Cement Concrete Pavement, contain six sacks of Type I cement/per cubic yard and be designed to meet or exceed 3600 psi on or before 28 days after placement. The use of fly ash is not allowed. The concrete mix shall be consolidated by use of hand vibrators, struck off to match the grades of the existing pavement finished with a coarse bakerbroom finish, receive an even coat of white pigmented curing compound and be protected until final curing is attained. Dowel bars shall be 24" long #6 smooth 24" o.c. Reopening to traffic will be based on test strength of concrete cylinders. The contractor may at his choice and expense, have test cylinders cast for early testing so that the street section can be placed back into service. All sawed and construction joints shall be sealed with an approved silicone sealant designed for use as a concrete pavement joint sealant. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) regardless of the width of the removal and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.21. Repair Irrigation System: This pay item shall consist of repairing any damage to existing irrigation systems within the median of MacArthur Blvd. or behind the curb of MacArthur Blvd. and Samuel Blvd. This includes repairing any pipes damaged and repairing or replacing any damaged heads. All work should be completed as soon as possible after the damage is discovered. Any damage to existing grass, trees or landscaping as a result of lack of water during construction because of damaged irrigation systems, will be the sole responsibility of the contractor to replace. The number of sprinkler heads on this project is unknown. The contractor is advised to visit the job site and observe the number of sprinkler heads associated with this project. A private Homeowner's Association maintains this portion of the median of MacArthur Blvd. The contact person for the Lakes of Coppell HOA is Susan Bailey and her telephone number is 972/934 -0400. She should be contacted prior to beginning work in the area as she may be able to provide information on the type of irrigation system existing in the median. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for repairing any damaged sprinkler lines, sprinkler heads and replacing any sod, trees or landscaping damaged during the course of construction due to the lack of water; and for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.22. Sod/Hydro Mulch: — This pay item shall consist of the placement of sod within the median of MacArthur Blvd. and beyond the curb of MacArthur Blvd. on the disturbed areas caused by the installation of the storm drain system and inlets. This item is being compensated on a lump sum basis. It's estimated that the sod area is 435 SY and the hydro mulch area is 80 SY. This quantity is 5 -9 Description of Pay Items based on the outside diameter of the pipe plus three feet and some adjustment for the inlets, _ manholes and transition structure. The areas behind the back of the curb of Samuel shall be hydro mulched. The contractor will be required to water to establish growth and to protect any areas damaged. Only 50% of this pay item will be paid until there is 100% coverage. At that time, 100% of the item shall be paid. Measurement and Payment shall be made on the basis of the bid quantity and shall be total compensation for furnishing all labor, materials, tools, and equipment, including water, necessary to complete the work. Any areas disturbed beyond the outside diameter of the pipe plus three feet will be replaced at the contractor's expense. 5 -10 Description of Pay Items Please reply E No reply necessary SIGNED