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DR0301-CN040301CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MAY 2 2004 Shadow Ridge Estates Retaining Wall Project # DR 03 -01 Bid No. Q- 0204 -02 FOR THE CITY OF COPPELL February 2004 KEfvIVcTH m. GRIFFIN �.c �• an _ CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Shadow Ridge Estates Retaining Wall Project # DR 03 -01 Bid No. Q- 0204 -02 FOR THE CITY OF COPPELL February 2004 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 -24 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 6 - Technical Specifications 6 -1 Section 7 - Special Provisions 7 -1 SECTION 1 BIDDING DOCUMENTS NOTICE TO BIDDERS The City of Coppell is accepting bids for the reconstruction of Shadow Ridge Estates Retaining Wall Project - # DR 03 -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 Shadow Ridge Estates Retaining Wall Project - No. DR 03 -01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 10:00 a.m., April 20, 2004, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid to the City of Coppell Bid No. Q- 0204 -02 designated clearly on the exterior of the bid envelope. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. 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. The City of Coppell uses RFP Depot to distribute and receive bids and proposals. Responding Vendors agree to pay to RFP Depot a fee of one percent (1 %) of the total amount of all contracts for goods and/or services awarded to the Vendor. To assure that all Vendors are treated equally, the fee will be payable whether the bid/proposal is submitted electronically or by paper means. Refer to www.rfodenot.com for further information. 1 -4 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas 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 230 linear feet of a pier- founded tiedback gabion retaining wall within a 65 -foot drainage and utility easement located on a privately owned residential lot. The retaining wall shall consist of 102 VF of 18" diameter reinforced concrete piers, 23 CY of reinforced concrete beam, 17 passive soil anchors, and 155 CY of 3' x 3' PVC coated gabions. The project will include the partial removal of the existing railroad tie retaining wall, compacted fill, and a grouted rock flume. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for Shadow Ridge Estates Retaining Wall Project # DR 03 -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: 1-5 Bidding Documents A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $15.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. D) The City of Coppell uses RFP Depot to distribute and receive bids and proposals. Responding Vendors agree to pay to RFP Depot a fee of one percent (I%) of the total amount of all contracts for goods and/or services awarded to the Vendor. To assure that all Vendors are treated equally, the fee will be payable whether the bid/proposal is submitted electronically or by paper means. Refer to www.Ffpdc ou t.coni for further information. 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, and possession of such equipment as may be needed to complete the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five [5] days if requested). A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience (required to be submitted with bid, see Section 7). The Bidder shall submit a list of comparable projects completed within the previous five years including contract information, location, approximate cost(s), and completion date(s). 1 -6 Bidding Documents C. Equipment (within five [5] days if requested). The Bidder shall provide a list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent /lease as maybe required to complete this project. D. Financial (within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. 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 Plantation Drive. 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 1 -7 Bidding Documents 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 famished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. 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 1 -8 Bidding Documents Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time 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 or when the contractor begins work, whichever comes first. 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: One hundred sixty dollars (160.00) 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 furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an 1-9 Bidding Documents 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. Bidders Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. — If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions — will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against 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. 1 -10 Bidding Documents 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Schedule 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. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 10:00 am., April 20, 2004 and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. 0- 0204 -02 and the name and address of the Bidder shall be submitted. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. 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: Shadow Ridge Estates Retaining Wall Project - # DR 03 -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 1 Bidding Documents for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG's Item 1.5 of the Standard Specifications for Public Works Construction will 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 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 maybe 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. 1-12 Bidding Documents 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. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The calendar day count on the project shall commence within ten (10) calendar days after the date of Notice to Proceed or when the contractor begins work, whichever occurs first. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space 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 1 -13 Bidding Documents best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two -year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1 -14 Bidding Documents BID FORA PROJECT IDENTIFICATION: Shadow Ridge Estates Retaining Wall Project - # DR 03 -01 in Coppell, Texas BID OF Craig Olden Inc. DATE 4 -20 -04 ('FAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q- 0204 -02 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Pnce and within the Contract Time indicated in this Bid and in accordance with the other terns and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNBR's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: Date: Recd: 1 -15 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTR.ACTOR'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. It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. 7. BIDDER will complete the Work for the following price(s): 147 Bidding Documents Shadow Ridge Estates Retaining Wall _ Project - # DR 03 -01 UNIT PRICE BID SCHEDULE 1 -18 Bidding Documents Unit Description and Price in Words Unit Total Price Price ren LS Furnish, Install, Maintain & Remove Erosion Control Devices w/ S WP3 Plan Complete in Place ! �r�0 / .¢ G �� Dollars and _, pA - Cents per Lump Sum. 1 -2 1 LS Mobilization & Demobilization Compl to in Place Dollars and -- ,//,p_ Cents AvAQ((//vv per Lump Sum. I -3 1 LS Site Preparation Complete in Place IE fits Dollars ( /V and _ Cents P er Lump Sum. 1 -4 1 LS Site Restoration ompl to in Place re Dollars ?� ©~ /-7 A and - — Cents Ali— per Lump Sum. I -5 1 LS Removal and Disposal of Existing Trees Complete in Place TM.�i`tyd4 AVP Dollars Q/tLn t- IJCJ •. Z and A)© - Cents per Lump Sum. 1 -6 1 LS Removal and Disposal of Railroad Tie Retaining Wall Complete in Place v Dollars ©Q and _ - A)4_� Cents per Lump Sum 1 -18 Bidding Documents Shadow Ridge Estates Retaining Wall _ Project - No. DR 03 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1 -7 1 LS Saw, Remove and Dispose of Concrete Slope Protection Can ete in P�� _ Dollars /y and AAO Cents per Lump Sum 1 -8 150 CY Compacted 611 material Complete in Place Dollars J and ✓Q -- Cents per Cubic Yard. 1 -9 102 VF Install 18" Diameter Reinforced Concrete Piers Complete in Place Z4444dra Dollars and - k a — Cents per VF. I I -10 23 CY Reinforced Concrete Beam / Pier Cap including Concrete Infill Com ete in Place Kya&V I Dollars �"�� OaD L and - 140 — Cents per Cubic Yard. I -11 17 EA Installation Passive Soil Anchors Complete in Place U� Dollars w nd R/p � _ Cents per Each. 1-19 Bidding Documents Shadow Ridge Estates Retaining Wall Project - No. DR 03 -01 UNIT PRICE BID SCHEDULE Item Quantity Description and Price in Words Total No. Price I -12 155 JL 3' x 3' PVC Coated F Place Dol ars and Cents V per Cubic Yard. 1 -13 1 LS Installation Grouted Rock Flume Complete in Place Dollars '% H r /D r � and /1}9 — Cents !!! per Lump Sum. 1 -14 150 Sy Installation of Erosion Control Blanket Complete in Place 05Nr --- Dollars and - ND — Cents per Square Yard. TOTAL BID ITEMS BASE BID I -1 thru I -14 TANGIBLE PERSONAL PROPERTY COST $ 81.E $ A le CO- 1-20 Bidding Documents BID SUMMARY CALENDAR TOTAL PRICE DAYS TOTAL BID ITEMS BASE BID I -I thru I -14 S In Words: C ic�i,� ( /.vt T�Da T r J Iltrfe Li"J I akrr Cj �•o ct 6. BIDDER agrees that all Work awarded will be completed within 30 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. S. 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 quantities will be adjusted accordingly. PROPOSAL GUARANTY A Proposal Guaranty shall be provided in accordance with Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. SUBMITTED ON Apt l l ZD A , Zoo y 1-21 Bidding Documents 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 a e,2K� COUNTY OF b�� _ BEFORE ME, the undersigned aut onty, a U Not ublic in and for the State of - T S on this day personally appeared who after being by m'e — Name duly sworn, did depose and say: am a duly authorized office /agent for Name and have been duly authorized to execute the Nam f Firm foregoing on behalf of the said �(� t �(l�� j� ! —�— Name Finn 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/ conunodities bid on, or to influence any individual(s) to bid or not to bid thereon_" Name and Address of Bidder: 0 V A ; A O I A .o .n fi,.., � 1 Telephone: (I 7o)--9! — soon by: —_ Title: _Pcesid , n � SUBSCRIBED AND SWORN to on this the AUCIA 111 ID R ��— Notary Public, State of Texas My Commission Expires January 01, 2007 1-21 Bidding Documents Notary Public in and for the State of — 7 &iC A-S If BIDDER IS: An Individual (Individual's Name) doing business as Business address A Partnership By (Firm Name) Phone No. (Ueneral Partner) Business address A Corporation I By— /� CCyr V1�v Name) By (State of \ M -ation) authorized to sign) A Joint Venture 1A (Name) (Address) B (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.) No. 1 -23 Bidding Documents (Title) (Corporate Seal)11 // /� Attest Yn Vl a eC/1 (" n �,, _ �� PREVAILING WAGE RATES Air Tool Operator . ............................... 9.00 Asphalt Raker ..... ............................... 9.55 Asphalt Shoveler .. ............................... 8.80 _ Batching Plant Weigher ........................ 11.51 Carpenter .......... ............................... 10.30 Concrete Finisher - Paving ...................... 10.50 - Concrete Finisher - Structures ................... 9.83 Concrete Rubber .. ............................... 8.84 Electrician ......... ............................... 15.37 Flagger.................. ........................... 7.55 - Form Builder- Structures ........................ 9.82 Form Liner - Paving and Curb .................. 9.00 Form Setter - Paving and Curb .................. 9.24 - Form Setter - Structures ......................... 9.09 Laborer - Common . ............................... 7.32 Laborer - Utility .... ............................... 8.94 Mechanic .......... ............................... 12.68 Oiler............... ............................... 10.17 Servicer............ ............................... 9.41 Painter - Structures ............................... 11.00 _ Pipe Layer ......... ............................... 8.98 Blaster ............. ............................... 11.50 Asphalt Distributor Operator .................. 10.29 Asphalt Paving Machine ..................... 10.30 - Broom or Sweeper Operator .................... 8.72 Bulldozer ........ ............................... 10.74 Concrete Curing Machine ...................... 9.25 Concrete Finishing Machine .................. 11.13 Concrete Paving Joint Machine ............... 10.42 Concrete Paving Joint Sealer .................. 9.00 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 Concrete Paving Saw . ............................... 10.39 Concrete Paving Spreader . ..........................10.50 Slipform Machine Operator ............I ............. 9.92 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel ........................... 11.04 Foundation Drill Operator Crawler Mounted ..... 10.00 Foundation Drill Operator Truck Mounted ....... 11.83 Front End Loader ...... ............................... 9.96 Milling Machine Operator ........................... 8.62 Mixer................... ............................... 10.30 Motor Grader Operator Fine Grade ............... 11.97 Motor Grade Operator ............................... 10.96 Pavement Marking Machine ......................... 7.32 Roller, Steel Wheel Plant -Mix Pavements ......... 9.06 Roller, Steel Wheel Other Flatwheel or Tamping.......... ............................... 8.59 Roller, Pneumatic, Self- Propelled .................. 8.48 Scraper................... ............................... 9.63 Tractor - Crawler Type ............................... 10.58 Tractor- Pneumatic ..... ............................... 9.15 Traveling Mixer ........ ............................... 8.83 Wagon - Drill, Boring Machine ..................... 12.00 Reinforcing Steel Setter Paving .................... 13.21 Reinforcing Steel Setter Structures ................ 13.31 Steel Worker- Structural ............................ 14.80 Spreader Box Operator .............................. 10.00 Work Zone Barricade .. ............................... 7.32 Truck Driver - Single Axle Light ..................... 8.965 Truck Driver - Single Axle Heavy .................... 9.02 Truck Driver - Tandem Axle Semi Trailer ......... 8.77 1 -24 Bidding Documents SECTION 2 CONTRACT DOCUMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the — z V- day of in the year 2004 by and between the CITY OF COPPELL, TEXAS a municipal corporation (hereinafter called OWNER) and CRAIG OLDEN, 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 230 linear feet of a pier- founded tiedback gabion retaining wall within a 65 -foot drainage and utility easement located on a privately owned residential lot. The retaining wall shall consist of 102 VF of 18" diameter reinforced concrete piers, 23 CY of reinforced concrete beam, 17 passive soil anchors, and 155 CY of 3' x 3' PVC coated gabions. The project will include the partial removal of the existing railroad tie retaining wall, compacted fill, and a grouted rock flume. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for Shadow Ridge Estates Retaining Wall Project # DR 03 -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 Shadow Ridge Estates Retaining Wall Project - # DR 03 -01 Bid No. Q- 0204 -02 Article 2. ENGINEER. The Project has been designed by Olden Professional Services, LP. 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 30 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, phis 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 One hundred sixty dollars ($160.00) 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 $ 81,300 . The total tangible personal property cost included in the contract sum is $ 12.000 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. 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. 2 -3 Contract Documents 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 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. 2'4 Contract Documents 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. 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 "Shadow Ridge Estates Retaining Wall Project - # DR 03 -01 for the City of Coppell ". 8.8. Drawings entitled: "Shadow Ridge Estates Retaining Wall Project - # DR 03 -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 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). 2 -5 Contract Documents 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 Q.1i1 2004. OWNER: City of Coppell 255 Parkway Boulevard CONTRACTOR: Craig Olden, Inc. 661 E. Shahan Prairie Rd. Coppell, TX 75019 Little Elm, TX 75068 TITLE:m Witt, City Manager '�; CrQ� ATT T: ATTEST: Address for giving notices: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2-7 Contract Documents CORPORATE RESOLUTION _ BE IT RESOLVED, that the President, Craig Olden acting individually, be hereby authorized to sell, assign and endorse for transfer, certificates representing stock, bonds, or all other securities now registered or hereafter registered in the name of this Corporation. I, Craig Olden, Secretary of Craig Olden, Inc. Incorporated under the laws of the State of Texas do hereby certify that the foregoing is a true copy of a resolution duly adopted by the Board of Directors of said Corporation at a meeting duly held on the 1 St day of July, 2000, at which a quorum was present and voting, and that the same has not been repealed or amended and remains in full force and effect and does not conflict with the by -laws of said Corporation. CORPORATE SEAL CERTIFICATE OF INSURANCE ISSUE DA (MMIDDI Certificate # 39283 369 05 /18/04 _ liifrr c THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE -'; Rg,; POLICIES BELOW. COMPANIES AFFORDING COVERAGE �E A St. Paul Fire &Marine Insurance Co. COMPANY B INSURED LETTER RSUI Indemnity Company(Swett CA) COMPANY C Craig Olden, Inc. P.O. Box 5000 LETTER COMPANY D Little Elm, Texas 75068 LETTER COMPANY E ► LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM /DD/YY) DATE (MM /DD/YY) .... A GENERAL LIABILITY GENERALAGGREGATE $ 2,000,000 PRODUCTS- COMP /OP AGO. $ 2,000,000 X COMMERCIAL GENERAL LIABILITY KKO9101806 10131/03 10/31/04 CLAIMS MADE 7X PERSONAL B ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNERS& CONTRACTORS PROT FIRE DAMAGE An one fire $ 100,000 x Per Project Aggregate MED. EXPENSE (Any one ereon $ 10,000' A AUTOMOBILE LIABILITY COMBINED SINGLE X ANY AUTO KA09100525 10/31/03 10/31/04 LIMIT $ 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS Per person) BODILY INJURY X HIREDAUTOS X NON -OWNED AUTOS (Per amitlent) $ GARAGE LIABILITY ^ PROPERTY DAMAGE $ B EXCESS LIABILITY EACH OCCURRENCE $ 6 AGGREGATE $ 6,000,000 ; X UMBRELLA FORM NHN210115 10/31/03 10/31/04 OTHER THAN UMBRELLA FORM _ A WORKER'S COMPENSATION X STATUTORY LIMITS AND WVK910216 10/31103 10/31/04 EACH ACCIDENT $ 500,000 DISEASE- POLICY LIMIT $ 500,000 EMPLOYERS' LIABILITY 500,000 DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATION S /LOCATIONS(VEHICLES/SPECIAL ITEMS Re: Shadow Ridge Estates Retaining Wall, Project # DR 03.01, Bid No. Q -0204-02, COINC # 04 -058 TyM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Coppell EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 255 Parkway Blvd. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Coppell, TX 75019 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE d"� 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. PRF8744328 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Craig Olden, Inc. whose address is 661 E. Shahan Prairie Road, Little Elm TX 75068 hereinafter called Principal, and Colonial American Casualty and Surety Company a corporation organized and existing under the laws of the State of _ Maryland and fuily 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 _Eighty-One Thousand Three Hundred and no /100 - - - - - - - - - - - - - - - DOLLARS ($ _81,300.00 ) 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, the Beneficiary, dated the 21st of May , A.D. 20 04 , which is made a pan hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of Shadow Ridge Estates Retaining Wall Project - # DR 03 -01 Bid No. Q- 0204 -02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertalangs, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair andfor 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 Documenu 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 as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three (3) topics, each one of which shall be deemed an original, this the 21 st day of May 20 Colonial American Casualty and Surety Company SURETY By: Patricia Bartlett Title: Attorney -in -Fact WITNESS: }t PEST: J IMM: — II ffvv'' l �l�[L el L5-- l Resident Agent of the Stady in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: _ R. Don Hurst, Mullis Newby Hurst LP ADDRESS: 16600 Dallas Parkway Suite 300 Dallas TX 75248 _ NOTE. Date of Performance Bond marr be dare Of Contract,. 1fRarldent Agent is nor corporation, give person :r name 2 -1 Contract Documents PAYMENT BOND Bond No. PRF8744328 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Craig Olden. Inc. whose address is 661 E. Shahan Prairie Road, Little Elm TX 75068 hereinafter called Principal, and Colonial American Casualty and Surety Company a corporation organized and existing under the laws of the State of Maryland 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 stun of Eighty -One Thousand Three Hundred and no /100 - - - - - - - - - - - - DOLLARS (S 81,300.00 ) in lawful money of the Unitcd 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 21 st of May , A.D. 20 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of Shadow Ridge Estates Retaining Wall Project - # DR 03 -01 Bid No. Q- 0204 -02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying 2 -12 Contract Documents the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, This Bond is given pursuant to the provisions of Article 5160 of Vemon'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 as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three (3) copies, each one of which shall be deemed an original, this the 21 st day of May 2004 Colonial American Casualty and Surety Company SURETY p Hy: Patricia Bartlett i Title: Attorney -in -Fact WITNESS: 7 " A The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: R. Don Hurst, Mullis Newby Hurst, LP ADDRESS: 16600 Dallas Parkway, Suite 300, Dallas, TX 75248 NOTE: Date of Performance Bond must be date of Con name. Agent is not a corporation, give a person's 2 -13 Contract Documents Title: Pees; cey�� MAINTENANCE BOND Bond No. PRF8744328 STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: THAT Craig Olden Inc. as Principal, and Colonial American Casualty and Surety Company _ , a corporation organized under the laws of Maryland , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the the City of Coppell, Texas , a Municipal Corporation, Texas, the sum of Eighty -One Thousand, Three Hundred and no /100 - - - - - - - - - - Dollars and Cents ($ 81,300.00 ) , 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 Craig Olden Inc. has this day entered into a written contract with the said City of Coppell, Texas to build and construct the Shadow Wdge Estates Retaining Wall Project - # DR 03 -01, which contract and the plans and specifications therein mentioned adopted by the City of Coppell Texas are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell Texas shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, 2.14 Contmer Documcnrs and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Craig Olden. Inc. has caused these presents to be executed by and the said Colonial American Casualty and Surety Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Patricia Bartlett , has hereunto set his hand, the 21 st day of May 20 Craia Olden. Inc. $ Patricia Bartlett Colonial American Casualty and Surety Company SURE'T'Y Title: Attorney -in -Fact W NE S: " 747 t A)S) 4'A j 0 - - NOTE: Dore of Uointenance Bond must not be prior to dare of Contract. 2 -15 Contract Documents 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium — The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses — resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal — share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government — participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: — l . to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resplted in dazoage within the States, or outside of the United States in the case of an air — carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and _ 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 - 0050749.duc Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State aryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of uolxt jq = y Article VI, Section 2, of the By -Laws of said Companies, which are set forth on the reverse sjdail��r�iyif d e' 6eb a tjed to be in full force and effect on the date hereof, does hereby nominate, constit kthl�a �'. JA n W. NEWBY, R. Don HURST, Patricia BARTLETT, Ray WA TSH 3� GI N(d T rI ORRM and Ktystal L. WEBER, all of Dallas, Texas, EACEI an t - age kt "jp sih= Fact, to make, execute, seal and deliver, for, and on its behalf as surety awl onds and undertakings EXCEPT bonds on behalf of Independent Exect �} s� ofttytt"1ty Strryi tmunity Guardians. and the execution of such bonds or undertakings in pursl7fin o'tl?egg" W- ,, shatYbe as binding upon said Companies, as fully and amply, to all intents and purposes, as if they }taco' frly �iceouted and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in+tftek dwn proper persons. This power of attorney revokes that issued on behalf of Sam J. MULLIS, JR., John W. NEWBY, R. Don HURST, Patricia BARTLETT, Julie HOGUE, Ray WATSON, Carol GOODENOUGH, Debbie SMITH, dated February 21. 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 7th day of October, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ' ^ o otvp N�It11, '. to By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland City of Baltimore ss: On this 7th day of October, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. — o"' �nrryWS'� Dennis R. Hayden Notarw Public My Commission Expires: February 1, 2005 POA -F 165 -0016A EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice-Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. — This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 21st day of May 2004 Assistant Secretary o D Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 654 -5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: .1- 800 - 252 -3439 You may write the Texas Department of Insurance: P.O: Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 PREMIUM OR CLAIM DI §PUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial — American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THLS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S8343f(M (04/00) SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD 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 L• GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1.0 - DEFINITIONS SC -1.0 En ineer: 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 Dav 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 1.19 - 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 arise out of CONTRACTOR, OWNER, ENGINEER, Consulting Engineer or any other person's action, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work 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• LIQUIDATED 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 bidder's 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 maybe 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 -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 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 TCEQ Texas Commission on Environmental Quality TMUTCD Texas Manual on Uniform Traffic Control Devices 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 performed in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the 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 This work shall consist of the installation of approximately 230 linear feet of a pier- founded tiedback gabion retaining wall within a 65 -foot drainage and utility easement located on a privately owned residential lot. The retaining wall shall consist of 102 VF of 18" diameter reinforced concrete piers, 23 CY of reinforced concrete beam, 17 passive soil anchors, and 155 CY of 3' x 3' PVC coated gabions. The project will include the partial removal of the existing railroad tie retaining wall, compacted fill, and a grouted rock flume. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for Shadow Ridge Estates Retaining Wall Project # DR 03 -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. 4 -3 Specific Project Requirements 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 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 at his own expense. 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 4 -4 Specific Project Requirements Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. There will be no separate compensation 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. 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. 4 -5 Specific Project Requirements 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. 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 4 -6 Specific Project Requirements 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. 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 5 DESCRIPTION OF PA Y ITEMS SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Items. ]. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal of the guardrail for access into staging area, (b) removal and replacement of trees to increase staging area, (c) traffic control devices, barricades, and watchmen, (d) seeding, and (e) 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 Storm Water Pollution Prevention Plan The project disturbs less than one acre, but is in close proximity to an existing drainage channel and will be subject to the Texas Commission on Environmental Quality requirements for construction. The contractor will be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SWP3) in accordance with the conditions of the Texas Pollution Discharge Elimination System General Construction Permit (TXR 150000) and post a Site Notice. The SWP3 must describe and insure the implementation of practices that will be used to reduce the pollutants and storm water discharges associated with the construction activity. The SWP3 shall be subject to approval by the City and must be retained on site or notice must be posted if the SWP3 is retained off -site. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWP3. This includes providing the structural erosion control measures as delineated in the approved SWP3 throughout the duration of the construction contract and any necessary revisions to the SWP3 throughout the duration of the construction contract, and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 5 -2 Description of Pay Items 2.2. Mobilization & Demobilization: This pay item shall consist of the initial mobilization for the construction of the project and shall be inclusive of any and all mobilizations and demobilizations associated with the project. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be paid on the percentage of construction completed. When one -half of the construction is complete, one -half of the mobilization will be paid, etc. Payment shall be total compensation for providing all necessary labor, materials and equipment to complete the project. 2.3. Site Preparation Site Preparation shall be in compliance with NCTCOG Item 3.2. The project will be constructed within the limits of a 65 -foot drainage and utility easement located on a privately owned residential lot. Contractor shall make every effort to minimize impact to the area surrounding the improvements. Contractor shall not remove or damage vegetation or trees beyond what is necessary to meet the construction requirements. This pay item includes, but is not limited to the following: 1. The removal of vegetation and organic matter in any areas where there is a structure, fill, or excavation; 2. The removal of any unstable material; 3. The removal of one tree stump in the area of the grouted rock flume; 4. Grading and excavation necessary to meet the construction requirements; 5. Temporary fencing or other suitable guards located outside of the dripline to protect trees, tree roots, and other plants that are to remain, but interfere with, or are affected by the construction; and 6. Coordination with utility companies to protect existing utilities from damage from subsequent construction. T Written notification to the affected residents in the vicinity of the construction prior to the beginning of work. Information shall include beginning and ending dates of construction and contact numbers. Tree protection shall be placed before any grading or excavation is begun and maintained for the duration of the construction. Contractor shall meet with the Construction Inspector prior to the pruning of any trees or shrubs to provide clearance for structures or equipment. Contractor shall stockpile any suitable topsoil or subsoil fill material in the construction staging area and remove remainder from the construction site. The contractor shall not stockpile removal material on the job site and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis per lump sum (LS) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to prepare the site for the subsequent construction _. 5 -3 Description of Pay Items 2.4. Site Restoration The construction staging area and any other open grass areas that are disturbed during construction shall be returned to pre- existing conditions. All disturbed areas shall be seeded with a 3:1 mix of Rye and unhulled Bermuda at a rate of 50 pounds per acre in accordance with NCTCOG Item 3.10. After grading and seeding have taken place, the erosion control blanket shall be installed behind the gabion wall to the limits as shown in the construction plans. The Contractor shall be responsible for watering and maintaining the new seeding until final acceptance. If the seeding is initially performed during the dates specified for Rye Grass, the Contractor will be required to come back during the dates specified for Burmuda Grass and re -seed. For seeding to be accepted, sprigs of seeds must be uniformly appearing over the entire area of application within 30 days of application. At the time of final acceptance of the project, uniform grass coverage over all seeded areas must be evident. This item will not be paid until there is 100% coverage of vegetation over the disturbed area. Contractor shall remove and replace any dead or damaged trees and vegetation that are not capable of being restored to a normal growth pattern. Contractor is responsible for repairing any damage to existing utilities. Measurement and Payment shall be made on the basis per lump sum (LS) and shall be total compensation for furnishing all labor, materials (seeding, erosion control blanket), tools, and equipment necessary to restore the site to pre- existing conditions. 2.5. Tree Removal This pay item consists of the removal and disposal of four trees ranging in size from 3 -to 5 inches and as shown on Sheet 2 of the construction plans. The removal includes the stump and shall be in accordance with the City of Coppell and the NCTCOG standards. The contractor shall not stockpile the removed trees on the job site and is responsible for locating a suitable disposal site. Any trees removed by the contractor for convenience of construction or for the staging area shall be replaced at a rate of 1 %Z- caliper inch for every 1- caliper inch removed, with a minimum tree size of 3- caliper inches. This is subsidiary to other items bid. 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, and equipment necessary to remove and dispose of the trees. 2.6. Remove and Dispose of Railroad Tie Retaining Wall This pay item consists of the removal and disposal of the upper two -foot (2 -0' ±) of the existing railroad tie retaining wall. The retaining wall is 4 -foot high and approximately 200 - foot long. It is constructed with 6" x 8" x 8' railroad tie timbers pressure treated with creosote, and has 4 -foot long sleepers with 4 -foot long deadmen at approximate 8 -foot centers. There is 12- inches of gravel backfill behind the wall. Contractor shall famish underpinnings /shoring or other suitable measures to provide temporary support of the existing brick screening wall as required during the removal of the upper two -foot (2 -0' ±) of the retaining wall. The contractor shall not stockpile the removed retaining wall on the job site and is responsible for locating a suitable disposal site. 5 -4 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, and equipment necessary to remove and dispose of the retaining wall. 2.7. Remove and Dispose of Concrete Slope Protection This pay item consists of the removal and disposal of the existing concrete slope protection as designated on Sheet 2 of the construction plans. The slope protection is 5- inches thick with a 6 -inch wide by 18- inches deep toewall on all sides. Removal of the designated slope paving shall be accomplished leaving a clean vertical side. Damaged vertical sides will be re- sawed, removed and replaced at the contractor's expense. The limit of pay will only be to the original saw line. Holes and voids remaining after the removal of the toewall shall be backfilled. The contractor shall not stockpile the removed concrete slope protection on the job site and is responsible for locating a suitable disposal site. 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, and equipment necessary to remove and dispose of the concrete slope protection. 2.8. Compacted Fill The placement of the compacted fill shall be in compliance with NCTCOG Item 3.7 and Item 6.2. Compacted fill placed behind the gabion wall shall be approved site - excavated or imported fill material and shall be constructed in successive layers for the full length of the wall. Each layer of compacted fill shall be uniform as to material, density, and moisture content before beginning compaction. The fill shall be compacted to between 95 percent and 100 percent of maximum dry density as determined by ASTM D -698 at, or up to, five (5) percentage points above optimum moisture content. Compacted fill shall be constructed to the established grade and to the shape of the cross - section as shown in the construction plans. Measurement and Payment shall be made on the basis of bid price per cubic yard (CY) of compacted material and shall be full compensation for furnishing and placing all materials, and for labor, tools, and equipment necessary to complete the work in accordance with the plans and specifications. 2.9. 18" Diameter Reinforced Concrete Piers This pay item consists of the installation of 18" diameter reinforced concrete piers in the locations and to the depth as shown in the construction plans. Work shall be in compliance with NCTCOG Item 7.2 and Item 7.4. All concrete used for the piers shall be Class `A' with a minimum cement content of six (6) sacks of cement per cubic yard and a minimum compressive strength of 3000 psi at 28 days. Measurement and Payment shall be made on the basis of bid price per vertical foot (VF) and shall be full compensation for making all excavations, furnishing and placing all concrete and reinforcing steel, and furnishing all labor, tools, and equipment necessary to complete the work in accordance with the plans and specifications. 5 -5 Description of pay Items 2.10. Reinforced Concrete Beam / Pier Cap This pay item consists of the installation of a 24" x 18" reinforced concrete beam in the location and to the length as shown in the construction plans. Work shall be in compliance with NCTCOG Item 7.4. All concrete used for the beam shall be Class `A' with a minimum cement content of six (6) sacks of cement per cubic yard and a minimum compressive strength of 3000 psi at 28 days. Measurement and Payment shall be made on the basis of bid price per cubic yard (CY) and shall be full compensation for furnishing and placing all concrete and reinforcing steel, construction joints, and furnishing all labor, tools, and equipment necessary to complete the work in accordance with the plans and specifications. 2.11. Passive Soil Anchors This pay item shall consist of a high - strength continuously threaded steel rod inserted and grouted in a straight shaft borehole in the ground in the locations as shown in the construction plans. See attached "Straight Shaft Grouted Tiebacks" in Section 6, Technical Specifications. Measurement and Payment shall be made on the basis of bid price per each (EA) and shall be full compensation for famishing all labor, materials, tools, installation equipment, testing equipment, and incidentals necessary to complete the work in accordance with the plans and specifications. 2.12. 3' x 3' PVC Coated Gabions This pay item consists of 3' x 3' PVC coated gabion structures filled with stone in the location and to the length and height as shown on the construction plans. See attached "Gabion Structures" in Section 6, Technical Specifications. Work shall be performed by a contractor that meets the qualification requirements outlined in Qualifications of Gabion Contractor and completes the Qualification Form in Section 7, Special Provisions. Measurement and Payment of gabion structures shall be based on the volume in cubic yards _ (CY) of gabions installed and filled to their maximum density with a minimum of voids and shall include the volume of embedded items when applicable. Gabion structures shall be paid for at the contract unit price per cubic yard. The unit price shall include full compensation for placing all materials (gabions, rock, geotextile and crushed stone drainage material) and for furnishing all tools, labor, equipment, and other incidentals necessary to complete and install the gabion structure in accordance with the intent of the plans and specifications. Any excavation required for placement of the gabions shall also be included in the gabion unit price. 2.13. Grouted Rock Flume This pay item consists of a grouted rock flume in the location and to the limits, grade, and dimensions as shown in the construction plans. All grout used for the flume shall have a minimum compressive strength of 3000 psi at 28 days. Work shall be in compliance with the City of Coppell and the NCTCOG standards. 5 -6 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 placing all materials (rock, geotextile and grout) and for furnishing all labor, materials, tools, and equipment necessary to complete the work in accordance with the plans and specifications. 2.14. Erosion Control Blanket This pay item consists of an erosion control blanket in the location and to the limits and dimensions as shown in the construction plans. Install the blanket in accordance with the City of Coppell, NCTCOG, and the manufacturer's specifications. Measurement and Payment shall be made on the basis of bid price per square yard (SY) and shall be full compensation for furnishing and placing all materials, and for labor, tools and equipment necessary to complete the work in accordance with the plans and specifications. 5-7 Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS T H E C I T Y 0 F SECTION 6 — TECHNICAL SPECIFICATIONS GABION STRUCTURES 1.0 DESCRIPTION: 1.1 Gabion structures consist of rectangular, compartmented, woven wire mesh baskets filled with stone used to build earth retaining and erosion control structures such as: retaining walls, channel linings, headwalls and flexible aprons for pipes, slope protection, bridge revetments and weirs. 2.0 MATERIALS: 2.1 Gabions shall be prefabricated in accordance with ASTM A975 -97 to the size called for on the plans, or as otherwise approved. Gabions shall consist of galvanized wire or galvanized wire with an additional PVC coating woven into a uniform, hexagonal- shaped double twist pattern with openings approximately 3 -1/4" x 4 -1/2 ". The mesh shall be fabricated in such a manner as to be non - raveling and to provide the required flexibility and strength. All wire used for gabions, including lacing wire, shall have a tensile strength of 54,039- - 68,259 psi in accordance with ASTM A641 -92 Class 3, soft temper. Elongation shall not be less than 12% in accordance with ASTM A370 -92. The zinc coating shall meet the requirements of ASTM A641 -92, Class 3, soft temper coating and shall be a minimum quantity of 0.70 oz /ft for wire 0.087' in diameter, 0.80 oz /ft for wire 0.106" in diameter, 0.85 oz /ft for wire 0.120" and 0.134" in diameter and 0.90 0z /ft for wire 0.154" in diameter. Mesh wire, selvage wire and lacing wire diameters for galvanized gabions and galvanized gabions with a PVC coating shall be in accordance with the nominal diameters listed in Table 1. Tolerances of all wire diameters shown shall be +/- 0.004 ". All testing of wire diameters shall be prior to fabrication. TABLE 1 — NOMINAL GABION WIRE DIAMETERS Galvanized Wire Galvanized Wire with PVC Coatin Mesh Wire 0.120" 0.106" (US 11 au e) (US 12 au e) Selvage Wire 0.154" 0.134" US 9 au e (US 10 au e) Lacing Wire 0'087 0.087' US 13 -1/2 au e) (US 13 -1/2 au e 6 Technical Specifications Polyvinyl Chloride (PVC) used to coat gabion wire shall meet the following specifications Color - gray; Nominal Thickness - 0.020 inches; Minimum Thickness - 0.015 inches; UV Resistance - 3000 hours using apparatus Type E when tested according to ASTM D1499 and ASTM G23; Salt Spray Test - 3000 hours when tested according to ASTM B117; Abrasion Resistance - weight loss not more than 12% according to ASTM D1242. The PVC coating shall be uniformly applied and shall be free from cracks, splits, stretched or stressed areas. Assembled gabions will form a rectangular unit with a minimum thickness of twelve inches (12 "). The base and sides are to be woven into a single unit. The bottom of the end panels shall be factory connected to the body in such a manner that the strength and flexibility at the point of connection is approximately equal to that of the mesh. The lid for specially fabricated gabions may be separate construction. The gabion shall be divided into cells of approximately equal size by factory connected diaphragm panels using mesh of the same type and gauge as the body of the gabion. The diaphragm panels shall be secured in proper position on the base in such a manner that no additional tying is necessary. The length of the cell shall not exceed its horizontal width. All perimeter edges of the wire mesh forming the body, end and diaphragm panels shall have a heavier gauge selvage wire woven into the edge of the mesh panel. All cut edges of the mesh panels forming the body, tops of ends and diaphragms shall be securely attached to a heavier gauge selvage wire by a minimum of two complete turns of the wire mesh around the selvage wire. Lacing wire shall be supplied for securely fastening the gabions during all steps of assembly and construction. Lacing wire shall be included with the gabions in sufficient quantity for tying gabions in accordance with the specifications. No other wire except of the type supplied with the gabions may be used. Gabions furnished by a manufacturer shall be of uniform size and subject to dimension tolerance limits of +/- 5 %. The gabions shall be certified by a notarized, sworn affidavit from the manufacturer showing compliance with the specification requirements. 2.2 Gabion Rock used to fill the gabions shall be clean, hard, durable, 4" to 8" well - graded crushed limestone. Not more than 15% of the rock (by weight) shall pass a 4" opening. For 12" gabions, 4" to 6" well - graded crushed limestone may be used. The rock shall be clean and shall be stored and handled in a manner to prevent contamination. Prior to placing the rock, samples shall be delivered to site and shall be approved for gradation and appearance by the engineer. 2.3 Geotextile Fabric for use as a filter media, when specified on the plans, shall be placed along the gabion structure as shown in the plans. The fabric to be used shall be: Non- woven, polypropylene, needle punched geotextile such as Mirafi 140N, MacTex MX 140, Contech C- 46 NW or approved equal. 6 -3 Technical Specifications 2.4 Crushed Stone Drainaee Material when specified on the plans, shall be placed to the limits as shown on the plans. Crushed stone drainage material shall consist of 1" minus crushed stone in accordance with ASTM C33, size 57. Granular filter media comprising drainage layer (minimum width as specified on plans) shall be subsidiary to gabion unit price. 3.0 CONSTRUCTION: 3.1 General - The gabions shall be installed in accordance with the size, type, and alignment as shown on the plans. PVC coated gabions shall be used in the areas as specified and shown on the plans. The placement of the gabions shall be in close conformity to the lines and grades — shown on the plans and shall be in strict accordance with these specifications. 3.2 Geotextile Fabric Placement - After excavation to the subgrade elevation has been performed, the geotextile fabric (when specified) shall be placed to the limits as shown on the plans. Care shall be taken not to place the fabric in a manner exceeding the limits shown on the plans. Where splices occur, adjacent pieces of geotextile shall be overlapped a minimum of eighteen inches (18 "). Fabric shall be secured, when necessary, by pins or other suitable means before placing the gabions. Excess fabric protruding past the finished gabions shall be cut off. 3.3 Gabion Assembly - Gabions are assembled in the following steps: (1.) Unfold the baskets on a hard, flat surface and stamp out all kinks. (2.) Fold up the front, back, and end panels and fasten the panels together with the projecting heavy gauge selvage wire by twisting the selvage wire around the selvage wire of the other panel two complete turns. (3.) Fold the inner diaphragm panels up and secure in the same manner. (4.) Tie all edges of the diaphragms and end panels to the sides of the gabion by the tying method as specified below. 3.4 Tyine Method - PROPER TYING OF GABIONS AT ALL STEPS IN THE ASSEMBLY AND CONSTRUCTION OF THE GABION STRUCTURE IS CRITICAL TO THE — PERFORMANCE OF THE FINISHED GABION STRUCTURE. 1. Gabions must be tied in the specified manner at each step of construction: a.) Initial assembly; b.) Tying to adjacent gabions along all contacting edges; c.) Tying of lid to sides ; d) Tying of lid to top of diaphragms; — e) Re -tying of cut gabions. 2. All tying of gabions shall be perfonmed in the following manner (See Fig.l): (1.) Cut a length of lacing wire approximately five feet long. (2.) Secure the lacing wire onto the gabion at the end by looping and twisting the tie wire together. (3.) Proceed tying with double loops (made at the same point) every five inches apart. The basket pieces should be pulled tightly together during the tying operation. (4.) Secure the other end of the 6 -4 Technical Specifications lacing wire by again looping and twisting the wire around itself. No other wire except of the type supplied with the gabions may be used for tying the gabions. 3.5 Gabion Placement - After each gabion has been assembled, it shall be placed in position _ empty and shall be tied to adjacent gabions along all contacting edges in order to form a continuously connected structural unit. 3.6 Filling Gabions - IT IS CRITICAL TO THE PERFORMANCE OF THE FINISHED GABION STRUCTURE THAT GABIONS ARE FILLED TO THEIR MAXIMUM DENSITY WITH VOIDS IN THE GABION MINIMIZED. When the assembled empty gabions have been installed and tied together, the gabions shall be filled in the following manner: 1. The gabions may be filled by machine, but shall be filled in layers or lifts not exceeding twelve inches (12 "). Care shall be taken when placing the rock into the gabions to insure that the gabions are not damaged or bent. Do not drop rock from a height greater than three feet (3'). Suitable sized and appropriate machinery will help prevent damage to the gabions during the filling operation. Edges of gabions and diaphragms may be protected when necessary by tying steel reinforcement to the edges of the gabions or other suitable guard mechanisms to prevent damage or deformation of the gabions. 2. After a twelve inch (12 ") layer of rock has been placed in the cell, sufficient hand manipulation for the rock shall be performed to minimize voids and result in a maximum density of rock in the gabion. 3. Gabions that are three feet (T) high shall have a looped inner tie wire installed in each cell _ connecting the front and back faces of any unsupported face at the vertical third points, or 12" and 24" from the base of the gabions (See Fig.2). Individual cells may not be filled to a height greater than twelve inches (12 ") above any adjacent cell unless looped inner tie wires are installed in both directions. 4. Each gabion shall be filled to its maximum density, which is slightly higher than the sides and the surface smoothly leveled minimizing voids. 3.7 Closing Gabions - After the rock has been leveled, the lids shall be pried down and over with a bar or lid closing tool until the edge of the lid and the edge of the gabion are together. Care shall be taken so that the mesh is not excessively deformed. It should require a light stretching in order to bring the two gabion pieces together. The heavy projecting selvage wire of the lid shall then be twisted around the heavy selvage wire on the sides two (2) complete turns. The lid shall then be tied to the sides of the gabions and the tops of the diaphragms in the specified tying method. The lids of the gabions shall also be tied to adjacent gabions along all contacting edges to insure the formation of a continuous, connecting structural unit. Special attention shall be given that all projecting sharp ends of wire are turned in on the completed gabion structure. 6 -5 Technical Specifications 3.8 Cutting Gabions - Gabions may be cut to form curves or bevels. Overlap the cut pieces and re -tie in the specified manner. Re -tying shall be in a manner so as to produce a closed cell when completed. Excess mesh wire shall be cut off or shall be tightly and neatly laced down. Care shall be taken that all projecting wire ends are turned inwards or cut off. 4.0 QUALITY CONTROL 4.1 Proper tying of gabions during all steps of construction and gabions being filled to their maximum density with a minimum amount of voids is critical to the performance of the finished gabion structure. Therefore, compliance with the technical specifications will be closely and thoroughly inspected. Any work not meeting the implied quality will be rejected. 5.0 MEASUREMENT AND PAYMENT 5.1 Measurement of gabion structures shall be based on the volume in cubic yards of gabions installed and filled to their maximum density with a minimum of voids and shall include the volume of embedded items when applicable. Gabion structures shall be paid for at the contract unit price per cubic yard. The unit price shall include full compensation for placing all materials (gabions, rock, geotextile and crushed stone drainage material) and for furnishing all tools, labor, equipment, and other incidentals necessary to complete and install the gabion structure in accordance with the intent of the plans and specifications. Any excavation required for placement of the gabions shall also included in the gabion unit price. 6 -6 Technical Specifications SECTION 6 — TECHNICAL SPECIFICATIONS STRAIGHT SHAFT GROUTED TIEBACKS 1. GENERAL 1.1 Description: A. General: Straight Shaft Grouted Tiebacks shall consist of a high- strength continuously threaded steel rod (tendon) inserted and grouted in a straight shaft borehole in the ground. Straight Shaft Grouted Tiebacks are used to stabilize and to anchor earth retention structures to an acceptable underground stratum. B. Scope of Work The Contractor shall furnish all labor, materials, tools, supervision, transportation, installation equipment, testing equipment and incidentals necessary to complete the work specified herein and shown on the Contract Drawings. The work shall include but not be limited to mobilization, surveying, drilling, inserting, grouting, stressing, load testing, and lock -off of straight shaft grouted tiebacks at the locations shown on the Contract Drawings. 1.2 Submittals: A. The Contractor shall submit to the Engineer within twenty (20) calendar days after completion of the tieback work a report containing: 1. Tieback installation logs including tieback number, location, orientation, required anchor capacity, tendon type, borehole diameter, total anchor length, bonded length and unbonded length as installed. 2. Tieback test logs in accordance with the Testing subsection of this specification. 3. As built drawings showing the location, orientation, total length and bonded length of each tieback, if different from Contract Drawings. 2. MATERIALS 2.1 Tieback Assembly: A. Complete tieback assemblies shall consist of the following components, which shall be of a quality as manufactured by Dywidag Systems International, USA, Inc., or approved equal: B. Tendon: The tendon shall be a solid rod, which shall be high tensile steel, 75 ksi or 150 ksi threadbar (size and strength as indicated on Contract Drawings). The tendon may 6.7 Technical Specifications be of more than one section in length, the sections being interconnected by threaded tubular couplings of sufficient strength and thread engagement with the tieback tendon sections to transfer 100% of the ultimate strength of the tendon. Tendons shall be protected from dirt, rust, or deleterious substances. Tendons with heavy corrosion or pitting shall not be used. Tendons shall be stored and handled in such a manner as to avoid damage or corrosion. — C. Bearing Plate: The bearing plate shall be fabricated from 36 ksi steel and shall conform to the size(s) noted on the Contract Drawings. D. Couplings: Threaded steel tubular couplings shall be capable of developing 100% of the ultimate strength of the tendon steel. E. Anchor Nuts: Threaded steel anchor nuts shall be capable of developing 100% of the ultimate strength of the tendon steel. — 2.2 Centralizers: A. Centralizers shall be fabricated from plastic, steel or material which is not detrimental to the tieback tendon. Wood shall not be used. The centralizer shall be able to position the tendon in the drill hole so a minimum of one (1) inch of grout cover is provided and shall permit grout to freely flow around the centralizer and up the drill hole. Centralizers shall be installed on the tieback tendon at a maximum spacing of ten (10) feet or as otherwise shown on the Contract Drawings. 2.3 Grout: A. The Contractor shall use a neat cement or sand - cement grout meeting the performance requirements of ASTM C -1107 "Standard Specification for Packaged Dry, Hydraulic Cement Grout (Nonshrink) ". The grout shall have a maximum water /cement ratio of 0.50 and achieve a minimum compressive strength (28 day) of 5000 psi. Admixtures, if used shall be in accordance with the manufacturer's recommendations. — B. Water for mixing grout shall be potable, clean and free of injurious quantities of substances known to be harmful to Portland cement or prestressing steel. Admixtures, if used, shall be mixed in accordance with the manufacturer's recommendations. 2.4 Corrosion Protection System: A. Casing or Sheath: The casing or sheath for the unbonded portion of the tieback shall be PVC pipe conforming to ASTM A 1785, Schedule 40 minimum or approved equal. B. Corrosion Inhibiting Compound: The Corrosion Inhibiting Compound shall be grease (or other organic compound approved as an equal) formulated to permanently stay viscous and be chemically stable and nonreactive with the prestressing steel, the 6 -8 Technical Specifications sheathing material and the tieback grout. The chlorides, nitrates, and sulfides present in the grease shall not exceed the following limits: _ 1. Chlorides 10 ppm 2. Nitrates 10 ppm 3. Sulfides 10 ppm 2.5 Concrete Beams: A. Concrete for concrete beams shall be of hardrock aggregate and shall develop a minimum 28 -day compressive strength of 3000 psi. If the concrete beams are used as a reaction frame for tieback testing, no tieback may be stressed prior to a test cylinder break achieving a compressive strength of 3000 psi, and prior to seven (7) days following placement of concrete. Should the Contractor wish to expedite testing of the tiebacks, higher strength concrete (i.e., 4500 psi 28 day compressive strength) may be substituted at no additional cost to the Owner to achieve an earlier 3000 psi break. 3. CORROSION PROTECTION 3.1 Epoxy Coating: A. Each high strength steel tendon shall be treated with a fusion - bonded epoxy (powdered) coating per ASTM A775. The epoxy coating shall: 1. Be resistant to chemical attacks from the grout and the environment. 2. Completely and uniformly coat the tendon, and be free of holes, voids, and cracks. 3. Be resistant to abrasion and impact. 4. Be resistant to handling and installation damage. 5. Enable the tendon to develop adequate bond with the grout without creeping. 6. Be capable of elongating with the tendon without debonding. 7. Be between 7 and 12 mils (0.18 and 0.30 mm) thick, inclusive, after curing. 3.2 Anchorage Protection: A. All stressing anchorages permanently exposed to the atmosphere shall be cleaned and covered with a grout cap (grout type in accordance with this specification). Grout cap shall be placed after the tieback has been tested and stressed to the lock -off load, providing three (3) inches minimum clear cover of anchorage assembly. 3.3 Unbonded Length Protection: A. Corrosion protection for the unbonded length shall be provided by a combination of sheaths, or sheath filled with corrosion inhibiting compound. The corrosion inhibiting compound shall completely coat the tendon and fill the void between the tendon and the sheath. 6 -9 Technical Specifications B. The corrosion protective sheath surrounding the unbonded length of the tendon shall be long enough to extend into the trumpet within the concrete beam, but shall not come into contact with the stressing anchorage during testing. The lower end of the sheathing shall extend at least one (1) foot into competent, unweathered rock or beyond a 45° angle from the horizontal projected upward from the base of the wall, whichever length is less; or as otherwise shown on the Contract Drawings. C. The transition between the corrosion protection for the bonded and unbonded lengths shall be designed and fabricated to ensure continuous protection from corrosive attack. 4. CONSTRUCTION 4.1 Tendon Storage and Handling: A. Tendons shall be handled and stored in such a manner as to avoid damage or corrosion. Damage to the prestressing steel, the corrosion protection, and/or the epoxy coating as a result of abrasions, cuts, nicks, welds and weld splatter will be cause for rejection by the Engineer. Grounding of weld leads to the prestressing steel is forbidden. Prestressing steel shall be protected from dirt, rust, or deleterious substances. If heavy corrosion or pitting is noted, the Engineer shall reject the affected tendons. B. The Contractor shall use care in handling and storing the tendons at the site. Prior to inserting a tendon in the drill hole, the Contractor shall examine the tendon for damage to the encapsulation, sheathing and/or epoxy coating. If the encapsulation, sheathing and/or epoxy coating is damaged, the Contractor shall repair the damage in accordance with the tendon supplier's recommendations. C. Banding of fabricated tendons shall be padded to avoid damage to tendon corrosion protection. Upon delivery, the fabricated tiebacks or the prestressing steel for fabrication of the tiebacks on site and all hardware shall be stored and handled in such a manner to avoid mechanical damage, corrosion, and contamination with dirt or deleterious substances. D. Lifting of the pre- fabricated tiebacks shall be done in a manner to avoid excessive bending or point loading, which could damage the sheathing and encapsulation components and/or epoxy coating. 4.2 Tieback Fabrication: A. Tiebacks shall be either shop or field fabricated from materials conforming to the Materials subsection of this specification. 6 -10 Technical Specifications B. Prestressing steel shall be cut with an abrasive saw. Torching of the steel is not allowed. C. All of the tendon, especially the bonded length must be free of dirt, manufacturer's lubricants, corrosion - inhibitive compounds, or other deleterious substances than may affect the grout -to- tendon bond or the service life of the tieback. 4.3 Drilling: A. The Contractor shall be responsible for using a drilling method to establish a stable borehole of the specified diameter. Drilling methods may involve, amongst others, rotary, percussion, rotary/percussive or auger drilling. B. Holes for tiebacks shall be drilled at the locations and to the length, inclination and diameter shown on the Contract Drawings. The drill hole entry point into the ground shall be placed such that the anchor head location of the tieback is in precise conformity to the station and elevation shown on the Contract Drawings allowing a connection to the supported structure as detailed in the Contract Drawings. In particular, the borehole shall not be drilled in a location or at an orientation that requires the tendon to be bent or eccentrically located in order to enable the bearing plate to be connected to the supported structure. The tieback shall be installed within three (3) degrees, plus or minus, of the inclination from horizontal shown on the Contract Drawings. The horizontal angle made by the tieback and structure shall be within three (3) degrees, plus or minus, of a line drawn perpendicular to the plane of the structure unless otherwise noted on the Contract Drawings. 4.4 Tendon Insertion: A. Tendons shall be placed in accordance with the Contract Drawings and details. The tendon shall be inserted into the drill hole to the desired depth. If binding occurs and the tendon cannot be completely inserted, the Contractor shall remove the tendon from the drill hole and clean or redrill the hole to permit insertion. Partially inserted tendons shall not be driven or forced into the hole. B. Each tieback tendon shall be inspected by field personnel during installation into the drill hole. Damage to the corrosion protection system shall be repaired, or the tendon replaced. Loose centralizers shall be reconnected to prevent shifting during insertion. Damaged fusion- bonded epoxy coatings shall be repaired in accordance with the manufacturer's recommendations. If the patch is not allowed to cure prior to inserting the tendon in the drill hole, the patched area shall be protected by tape or other suitable means. C. The rate of placement of the tendon into the hole shall be controlled such that the sheathing, coating, and grout tubes are not damaged during installation. Tieback tendons shall not be subjected to bending. The bottom of the tendon may be fitted with a cap or bullnose to aid its insertion into the hole, casing, or sheathing. 6-11 Technical Specifications 4.5 Grouting: A. The Contractor shall use a neat cement or sand - cement grout. Admixtures, if used, shall be mixed in accordance with the manufacturer's recommendations. B. The grouting equipment shall include a mixer capable of producing a grout free of lumps and undispersed cement. The grouting equipment shall be sized to enable the tieback to be grouted in one continuous operation. Mixing and storage times shall not cause excessive temperature build up in the grout. The mixer should be capable of continuously agitating the grout. C. Grout shall be injected from the lowest point of the drill hole. The grout may be placed using grout tubes, casings or hollow -stem augers. The grout can be placed before or after insertion of the tendon. The quantity of the grout per hole shall be calculated and recorded to insure that the minimum bonded length is provided. D. The bonded length portion of the drill hole shall be filled in one continuous grouting operation. 6-11 Technical Specifications SECTION 7 SPECIAL PROVISIONS SECTION 7 — SPECIAL PROVISIONS QUALIFICATIONS OF GABION CONTRACTOR All gabion construction shall be performed by contractors or subcontractors with demonstrated acceptable experience in gabion construction in accordance with the criteria outlined herein. The contractor should be advised that evaluation of all experience is subject to approval by the Owner. The contractor shall have a minimum of five (5) years acceptable gabion construction experience. The contractor shall provide with the bid the following information in tabular form for evaluation by the Owner: • Contractor /Subcontractor name and address. • Key personnel committed to this project, along with their titles, total years experience in gabion construction work, and number of years with this company. • Number of years company has constructed gabion structures with in -house crews. • Earliest gabion project. • Total number of projects constructed with in -house crews. • Number of gabion projects constructed in the previous five (5) years. For each of the projects required to be listed by the following item, include the project name; date of completion; location; owner's name and address with contact person(s); scope of work, including the quantity of gabions and the percentage of the gabion construction cost compared to the total contract amount. • Using attached form, list a minimum of five (5) gabion projects, completed or under construction, located in the Dallas/Fort Worth Metroplex of similar size and design completed in the last three (3) years. 7 -2 Special Provisions CONTRACTOR/SUBCONTRACTO QUALIFICATION FORM FOR GABION CONSTRUCTION (TO BE SUBMITTED WITH BID) List five (5) gabion projects completed within the last five (5) years in the Dallas/Fort Worth Metroplex. 1. Project Location Project Name Client Contact Name Contact Phone # Contract Amount $ Completion Date 2. Project Location Client Contact Phone # Project Name Contact Name Contract Amount $ Completion Date 3. Project Location Client Contact Phone # — 4. Project Location Client Contact Phone # 5. Project Location Client Contact Phone # Project Name Contact Name Contract Amount $ Completion Date Project Name Contact Name Contract Amount $ Completion Date Project Name Contact Name Contract Amount $ Completion Date 1 7 -3 Special Provisions