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ST9301-CN041019 T H E C I T Y O F coPPELL CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Sandy Lake Road KimbeI Kourt to east City Limits) Project # ST 93-01 Bid No. Q-1004-01 FOR THE CITY OF COPPELL October 2004 TABLE OF CONTENTS Section I - Section 2 - Section 3 - Section 4 - Section 5 - Section 6 - Bidding Documents Addendum No. 1 Addendum No. 2 Notice to Bidders Instructions to Bidders Proposal/Bid Schedule Prevailing Wage Rates Contract Documents Standard Form of Agreement (Contract) Certificate of Insurance Instructions for Bonds Performance Bond Payment Bond Maintenance Bond For this project, the Standard Specifications for Public Works Construction - North Central Texas Third Edition, as prepared by the North Central Texas Council of Governments, the City of Coppell Standard Construction Details (Ord.#92-554), and Appendix 'C' Desitin Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. City of Coppell's Supplementary Conditions to the NCTCOG General Provisions Specific Project Requirements Description of Pay Items Technical Specifications Project Sign Nationwide Permit 14 Standard Construction Dctails #2020 & #2025 City Entrance Sign Page # 1-4 1-5 1-18 1-46 2-2 2-8 2-9 2-10 2-12 2-14 3-1 4-1 5-1 6-1 l-2 Bidding Documentx SECTION 1 BIDDING DOCUMENTS T H E C I T Y 0 F COPP-ELL I-3 Blddm,~,, D~gcumen s BID PROPOSAL ADDENDA NO. 1 ADDENDUM NO: PROJECT NAME: ONE SANDY LAKE ROAD (from Kimbe[ Koml to east City Limits) ST 93-01 Bid No. Q 1004-01 ISSUE DATE: Nov. 5, 2004 BID DATE: Nov. I6, 2004 LOCATION: ISSUED BY: COPPELL, TEXAS City of Coppell On November 2, 2004 a Pre-bid meeting was hcld. Numerous items were discussed during the meeting. Howevcr, only those items addressed by this addendum will be considered as changes to the project. 1. This addendum modifies and extends the requirements of the plans and construction specifications for the above referenced project. 2. Staple these addenda to the inside of the rear cover of the construction specifications or bind it into the construction specifications at the end of'the Bid Proposal. 3. Note receipt of all addenda on the Bid Foma located in the Bidding Documents, and also on thc outside cover of the envelope containing the Bid Documents. CONSTRUCTION SPECIFICATIONS Item No. 1 Pages 5-3 & 5-4 The following sentence should be added to the cnd of the paragraph for Pay Items #2 & 7: "An3' asphalt removed under Pay Item #2, that is utilized under Pay Item #7 for borrow or embankment, shall be pulverized so that no portion of the asphalt is larger than a 4" diameter. Any asphalt desired to be utilized for the borrow, embankment, shall also only be used in the lower sections of the embankment at locations approved by the Engineer. The pulverized asphalt shall be thoroughly mixed with the earth embankment. Material imported for use in the embankment shaffbe-gompe~tible with the existing embankment material and should have a PI range between 8 and 20." Item No. 2 Pages 5-4 & 5-5 The folloxving sentence should be added to the end of the first paragraph for Pa3, Item #8: "Material secured from the site and neet ng NCTCOG Specification Item #3.8 ,Topsoil, may be used for this item. It will be the contractor's responsibility to find a suitable site for stockpiling such material." Item No. 3 Page 5-8 & 5-9 The following change should be made in the fourth line of the first paragraph for Pay Items #17, 20, & 25: Delete: All concrete for construction shall be Class 'A' . ..... ". Add: ",All concrete for construction shall be Class 'C' . ..... ". The following sentence should be added at the end of the first paragraph: "Particular attention should be paid to ho~v the proposed culverts wili temporarily tie into the existing culverts during construction." Item No. 4 Page 5-13 The following sentences should be added to the end of the first paragraph under Pay Item # 58: "This pay item shall also include the placement and removal of all required work zone pavement markings. Pay Items #74, 75, 76, & 82 are considered subsidiary to this pay item." Item No. 5 Page 5-13 The following sentences should be added to the end of the first paragraph for Pay Item #59: "The i ~/2" asphalt overlay over the existing asphalt, as shown in Section A-A on Sheet 6 of 94 of the. Co[~struction Plans, is considered subsidiary to this pay item. The 1 V~" overlay shall also be maintained in a safe driveable condition at ail times during construction. Actual measurement for pay will begin at thc outside edgc of the existing asphalt." Item No. 6 Page 5-14 The following clarification addresses Pay Items #60, 61, & 62: "In order to mitigate the effect of striking the end ora temporary traffic barrier, thc end shall be installed in accordance with AASHTO's "Roadside Design Guide" (see Section l A.l 1) by flaring until the end is outside the acceptable clear zone or by providing crashworthy end treatments." Item No. 7 Page 5-17 & 5-18 The folio,x, ing sentence should be added to the end of the first paragraph for Pay Items #74, 75, 76, & 82: "The~e pay items arc considered subsidiary to Pay Item #58 and no separate payment xvill be made tbr these pay items." The last paragraph in Pay Items/474, 75, 76, & 82 that begins with "This is a 'plans quantity' measurement item .... "should be eliminated in its entirety. Item No. 8 Page 5-21 The following sentence should be added to the end of the first paragraph for Pay Item #104: "Because of changing soil conditions, a site specific geotechnical evaluation wilt be required to verify that the pier sizing and locations shoxvn on Sheet S-I is adequate for the proposed entry sign. Geotechnical evaluation will be paid for by the Contractor. Also, conduit for ' ,4ff4~atioi~ should be provided to the site." ,' ~ t:>t4 ~" Item No. 9 Pages 1-33~ 1-34 & 1-35 The unit price for Pay Items 1-74, 1-75, 1-76, & 1-82 shall be "N/AZ Also, the total price for those four bid items should state "subsidiary' to Pay Item #58". Item No. 10 Page 2-5 Delete: 8.5. Part l: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. Add: 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction - North Central Texas Third Addition. Item No. 11 Page 3-3 & 3-4 Special Conditions The following sentence should be added to the end of the first paragraph of 1.20.5: "Any loss of existing Iandscaping, due to damage to an existing irrigation system, shall be replaced at the sole cost of the contractor. This requirement is made to insure that any damaged irrigation systems are repaired as expediliously as possible so that the sun'ounding landscaping can continue to thrive." Item No. 12 Page 3-9 CONSTRUCTION METHODS The last sentence in 5.8.2 (1) Expansion Joints: Delete: "Expansion joints shall be equally spaced betxveen intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by thc Engineer." Add: 'Expa ~sion joints shall be equally spaced between intersections with not less than one every 500 linear feet of pavement, unless otherwise specified on the Plans or dirccted by the Engineer." Item No. 13 All stormdrain embedment on this project shall be Class B+, as defined in the Standard Specifications for Public Works Construction - North Central Texas Third Addition, as prepared by the North Central Texas Council of Governments. Item No. 14 The traffic control plan shows constructing one-halfofwhat is referred to as driveways #3,5, 7, and 9. Please be advised that those four drive;vays ~viI1 still need to be wide enough to provide adequate access to the adjacent property. This may require the addition of temporary asphalt adjacent to the driveway to provide adequate access. It will be the contractor's responsibility to work directly with the adjacent propcrty owners during those driveway reconstructions. There will be no separate pay item for any additional asphalt required. It will be considered subsidiary to Pay Item 1-63. Item No. 15 Batch plant locations should comply with any requirements from the TECQ. In addition to those requirements, any batch plants proposed to be used for greater than 90-days requires a Special Use Permit from the City of Coppell. Item No. 16 The existing brick sign at approximately Sta. 57+50 will need to be removed with the dirt work associated with this project. Payment shall be subsidiary to Bid Item #1. Item No. 17 Any conflicts between the plans and specifications will be decided in favor of the specifications on this project. BID PROPOSAL ADDENDA NO. 2 ,ADDENDUM NO: PROJECT NAME: TWO SANDY LAKE ROAD (from Kimbel Kourt to east City Limits) ST 93-01 Bid No. Q 1004-01 ISSUE DATE: Nov. 12, 2004 BID DATE: Nov. 16, 2004 LOCATION: ISSUED BY: COPPELL, TEXAS City of Coppell On November 2, 2004 a Pre-bid meeting was held. Subsequent to the pre-bid meeting, the City of Coppell has received several inquiries concerning the referenced project. Listed below for your review are the questions and our responses. Those items addressed by this addendum will be considered as changes to the project. 1. This addendum modifies and extends the requirements of the plans and construction specifications for the abovc referenced project. 2. Staple these addenda to the inside of the rear cover of the construction specifications or bind it into the construction specifications at the end of the Bid Proposal. 3. Note receipt of all addenda on the Bid Fomr located in the Bidding Documents, and also on the outside cover of the envelope containing the Bid Documents. CONSTRUCTION SPECIFICATIONS 1. Can office space be used in the vacant retail center at the southeast comer of Sandy Lake Rd. and MacArthur Blvd. in lieu of a job trailer? Acceptable, but doubtful. The owner is an ont of state owner and has been hard to deal with. If permission is obtained, all utilities would need to be provided and a guarantee that it would be available for the duration of the project. Item #88 Finishing and placing stamped concrete is paid by the square yard. The specifications state that payment shall be made on the basis of price bid per SY of stamped concrete of thickness specified. All stamped concrete in streets will be 8". All stamped concrete in the medians and driveways will be 6". The stamped concrete shown on the ramps is a separate bid item. Our calculations indicate about 1,375 SY of 6" stamped concrete and 1,008 SY of 8" stamped concrete. These quantities will be lumped together and bid at one price. 3. Will the successful bidder be allowed to use a cofferdam or sheet piling for dexvatering? You must meet the requirements of you own SWPPP plan, TCEQ requirements and the requirements of Nationwide Permit 14, which is included in the specifications. If you propose to place a cofferdam upstream o f the construction, that could be constructed of raw dirt, provided that the upstream cofferdam is removed prior to removal of the downstream facility. The use of unstabilized or uncontained raw dirt downstream will not be permitted. The Contractor wiI1 be required to adhere to any agreements, mitigation plans and standard best management practices required for the NWP14. If the Contractor makes changes in the project construction method that would result in changes of project impacts to waters of the U.S., the Contractor will be responsible for auy new Section 404 permit. 4. Plan Sheet 55 of 94, note #3 references TxDOT standard drawing PC-5 for reinforcing and joint details. · Note #3 on Sheet 55 of 94, should reference TxDOT 11C-I 0-23 dated December 2003. 5. There have been several inquiries concerning the sequencing of the multiple box culverts. The City will consider any sequencing of the construction of the box culverts that meets the safety standards, traffic control standards, SWPPP standards, TCEQ standards, Nationwide Permit 14 requirements, and the integrity of the box culvert or the roadway design is not compromised. Any sequencing must also maintain two lanes of traffic. Delete: Item Quantity Unit No. 1-79 424 EA Description and Price in Words Raised Pavement Marker P-15 W Complete in Place Unit Total Price Price Add: ~-tem Quantity Unit Description and Price in Words Unit Total No. Pr/ce Price 1-79 677 EA Raised Pavement Marker P-15 W [ Complete in Place Delete: f Item J No. · Add: Item No. 1-80 Quantity Unit Quantity t Unit 376 EA Description and Price in Words Raised Pavement Marker P-7 W Complete in Place Description and Price in Words Raised Pavement Marker P-7 W Complete in Place Unit J Total Price Price Unit Price Total Price Delete: [Item 1-81 Quantity / Unit 480 EA I Description and Price in Words Unit Total 4" Round, White Acrylic, Double Price Price Reflective Traffic Buttons P117Y Corn p Iete __in Place Add: ~-tem Quantity Unit ] Description and Price in Words Unit Total No. Price Price I-81 131 EA 4" Round, White Acrylic, Double Reflective (Clear & Red) Traffic Buttons _ I I Complete in Place NOTICE TO BIDDERS The City of CoppeI1 is accepting bids for the construction of Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01. Plans and Spccifications may be obtained for a non-refundable cost of $50.00 fi-om thc Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (972) 304-3698. Sealed bids addressed to thc Purchasing Agent, City of CoppelL Texas, for the construction of Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 will be received in the Purchasing Office at the City o£ Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., November 16, 2004, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q-1004- Ol desigmated clearly on the exterior of tile 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. A Pre-Bid conference has been scheduled for this project at the City of Coppell Town Center, 255 Parkway Blvd., November 2, 2004 at 10:00 a.m. Thc conference is not mm~datory, however, all interested BIDDERs are strongly encouraged to attend. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or tmbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. l'he Owner reserxes thc 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 inlbm~ themselves regarding local conditions and conditions tinder which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; tile City of Coppell assumes no responsibility for errors or misinterpretations resulting from thc 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, fbnn 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 f?om 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 lien ofp%4ng a sales tax at thc time of purchase. The bidder shall show the cost of materials (tangibIe personal property) in thc space provided on the bid form. The successful bidder's bid fom~ will be used to develop a separated contract and determine the extent of the tax exemption. 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 Third Edition, as prepared by the NCTCOG and the Supplementary Conditions of Agreelnent have the meanings assigned to trent in these General Conditions. The tem~ "Bidder" means one that submits a Bid directly to Owner, as distinct frorn a sub-bidder, who submits a bid to a Bidder. The lenn "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. Thc tenn "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 thc '`vord "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 Coppeli, P.O. Box 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and respect any or all pans of thc v, ork and the materials to bc used therein. Scope of Work. This work shall consist olFth¢ reconstruction of Sandy Lake Road from Kimbel Kourt to the east city limit line, which is a distance of approximately 4,250 lbet. The road currentIy exists as a 2-lane asphalt roadway and will be consnn~lcted as a Ibur-Iaue concrete divided boulevard. Because of the need to elevate thc roadway adjacent to thc floodplain, a substantial amount of fill will be necessary. Also, the contractor ,,','ill be required to maintain traffic throughout the construction area at all times. A general traffic control plan has been provided with the construction plans. It will also be necessary to maintain access to the ac[iacent properties at all times. The work shall include thc construction of drainage systems, including pipes, culverts and inlets, and a sidewalk along the south side of the roadway. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Sandy Lake Road Project # ST 93-01. Copies of Bidding Documents. Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of fire City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $50.00. Thc following general requirements pertain to the Bidding Documents: ^) No bidding documents will be issned later than two (2) days prior to the bid opening date. B) After award of thc Contract, thc successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets ovcr five (5) will be fiu-nished for S 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, Coppcll, Texas. Complete sets of Bidding Documents must be used in preparing Bids; the City of CoppelI assumes no responsibility fbr errors or misinterpretations resulting fi-om the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issncd. The Owner, m making copies of Bidding Documents available on tbe above terms, does so only lbr the purpose of obtaining Bids on the Work and does not confer a license or grant for any other tlse. 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 financiaI responsibility, and possession of such equipment as may be needed to complete the work in an expeditious, safe and satisl~actory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (xvithin 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. Past Project Experience (required to be submitted with bid within five [5] days if requested). Thc 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). ] 6 Butding Document3 Equipment (within five [5] days if requested). The Bidder shall prox idea list of equipment, which ,,,,'ill be used on this prQiect. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. o D. Financial (within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Ow'ncr 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 inlbmmtion will be used to confinn that the Bidder has suitable financial status to meet obligations incidental to performing the work. 15. Technical Experience. rlhe Bidder shall demonstrate to the satisfaction of the Ox,,ncr that hc has the tcclmical experience to properly complete this project. F. Proof that the bidder maintains a pcnnanent place of business. 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 thc sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition docs 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 tile City found guilty thereof should thereby ~'brfeit his office or position. Any violation of this prohibition with tile 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. Thc Contractor represents that no employee or officer of the City has an interest in the Contractor. Examination of Contract Documents and Site. Access to the site shall be from Sandy Lake Road. It shall be the contractors responsibility bekwc submitting a Bid, to (a) examine thc 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 al'tbct cost, progress, performance or filrnishing of the Work, (d) study and carefully co~Telate ] . Bidding Documenl,s 6.2 6.3 6.4 6.5 6.6 Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, er'ors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. information and data reflected in the Contract Documents with respect to Under~ound Facilities at or contiguous to the site is based upon iuformation and data h~mished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for thc accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of tiao Contractor, from damage thai might othc~xvise occur duc to construction operations. Wbere construction comes in close proximity to existing structures or utilities, or if it becomes necessary' to move se)¥iccs, poles, guy wires, pipe lines, or other obstructions, it shall be thc Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing struclures shown on the plans are for information only and arc not guaranteed b,~ 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 o£construction such that necessary adjustments may be made to allow for the proper installation. Thc Contractor shall bc liable for damage to any utilities resulting from the construction of this project. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, imcstigations, explorations, tests and studies and obtain any additional information and data which pertain to thc physical conditions (surface, subsurface and underground ihcilitics) at or contiguous to the site or other-,vise which may affect cost, progress, performance or l'umishing of thc Work and which Bidder deems necessa~ to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Docnments. 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 ora Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions npon completion of such explorations. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for rise by Contractor in performing the Work are identi fled in the Contract documents. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complicd with evc~ requirement of this Article 6, that without exception the Bid is premised upon performing and fi~mishing the work required by the Contract Documents and snch means, methods, techniques, sequences or procedures of construction as may be indicated in or required by thc Coutract Documenls, and that the Contract Documents arc sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and fia-nishing of the Work. Interpretations and addenda. I-8 Bidding Documc~n~s ~2 All questions about the meaning or intent of the Contract Documents are to be directed to tbe Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will bo 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 ans',,vercd by fbrmal written Addenda will be binding. Oral and other interpretations or clarifications will be without Icgal effect. Each Bidder shall acknowledge on thc bid proposal that all Addenda issued have been received. Addenda ~nay also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8.2 10. 11. 11.1 Contract Time. Thc 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 thc 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 Procccd or when the contractor begins work, whichever comcs first. Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detuiled Progress and Schedule chart to thc Owner for approval. Extension of thc contract time shall be based on a Change Order or writtcn amendment as specified in Item 1.36 of thc General Provisions. Eiquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Five hundred dollars ($500.00) per day. Substitute or "Or-Equal" Items. The Contract, if awarded, ,,,,.'ill be on the basis of materials and equipment described in the Draw'ings or specified in thc Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in thc 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 thc Effective Date of the Agreement. No substitutions should be considered during the bidding process. Subcontractors, Suppliers, and Others. If the Owner requests the idcntity of any Subcontractors, Suppliers, or other persons or organizations to be submittcd to thc 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 ]-9 B~ddl'ng Docurnen~,~ II.2 12. 12.1 12.2 Subcontractors, Suppliers and other persons and organizations proposed for those pm~tions of the Work for which sncb identification is requested. Such list shall be accompm~ied by an experience statement with pertinent information regarding similar projects and other evidence of qnalification for each such Subcontractor, supplier, person or organization if rcquested by the Owner. If the Owner, after due investigation, has reasonablc objection to any proposed Subcontractor. Supplier, other person or organization, may, before the Notice of Award is given, request the apparent SnccessfuI Bidder to submit an acceptable substitute in which case the apparent Successfid Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and thc Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Succcssful Bidder declines to make any such substitnlion, the Owner may award thc contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Supplicrs, other persons and organizations. The declining to make requested substitutions will not constitute grounds For sacrificing the Bid security of any Biddcr. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. Bid Proposal. 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 bc filled in for each item for which a quantity is given and thc Bidder shall state thc price for which hc 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 xvriting by the Or, net. 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 haxe thc correct corporate name thereof, its post of'rice address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the tbllowing manner: "By If the bid is made by an individual, his post office address shall be given. Bids which are not si~'~ed by thc individuals making them shall have attached thereto a prover of attorney exidencing authority to sign the bid in the name of the person for whom it is si~ed. If the bid is made by a finn or partnership, the name and post office address of the managing member of the finn or partnership shall be given or the bid may be signed by an attomey-in- 1:act. if signed by an attorney-in-Pact, there shah be attached to the bid a power of attorney ex idencing authority to sign the hid, executed by thc members of the firm or partners. I 10 BkMing Documents 13. 14. 15. 16. 16.1 16.2 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. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for thc 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 thc Contract Documents. If an item is noted as a "Plans Quantity" then only the quantin,' shown in the unit bid price schedule will be paid. Submission of Bids. Bids will be received by the Purchasing Agent, and shall bc submitted to the Purchasing Agent, City of Coppcll, at thc Town Center, 255 Parkway Boulevard, P.O. Box 9478, CoppelI, Texas 75019 until, 2:00 p.m., November 16, 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 Coppcll Bid No. 0-1004-01 and the name and address of thc Bidder shall be submitted. Included with the bid there should be a completed Bid Aft]davit 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 deliver>, system thc sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of.' Sand}' Lake Road ([rom Kimbel Kourt to east CiO' limits) Proiect #ST 93-01 on the face of it and addressed to the Purchasing Agent, City of CoppeI1, Texas. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate docmnent duly executed (in the mariner 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. Il', xvithin twenty-four hours after the Bids arc opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisPaction of' Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdra~v his bid. Thereafter, that Bidder will be disqualified from fitrther bidding on the work. / l l Bidding Documents 17. 18. 19. 19.1 Rejection of Bids. Bids may be rcjected if they shoxv alterations of tbmL additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves thc right to waive any irregularities in the bids as received and to rejcct any and all bids without qualification(s). More than one bid from an individual, finn or partnership, corporation or association, tinder tlm same or difl'erent names, will not be considered. Reasonable grounds for believing that a Bidder is intcrcsted in more than one such bid may cause the rejection of all bids in which said Biddcr 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 Constmcfion will be rejected. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptaoce for ninety (90) days after tine day of the Bid opening, but the Owner may, in its sole discretion, release an), Bid prior to that date. Award of Contract. Thc Owner reserves the right to reject any and all Bids, to waive any and all informalities except for thc 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 fight to reject the Bid of any Bidder if the Owner believes that it v, ould 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 Biddcr is unqualified or has doubt fid 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 f~avor of the unit prices. Discrepancies betxveen the indicated sum of any column of figures and tine correct stun thereof will be resolved in favor oftlne correct suni. 19.2 19.3 In evaluating Bids, tine ov, ner will consider the qualifications of the Bidders, whether or not thc Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in thc Bid form or plior to the Notice of Award. Time of completion xvill be a consideration in the aw'ard of the bid. 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 sobmitted prior to thc Notice of Award. 19.4 The Owner ma}' conduct such invesfigations as the owner deems necessary to assist m the evaluation of any Bid and tu establish the responsibility, qualifications and fiuancial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to /- / 2 Bi(htm,g Doc ~m enl~ 19.5 1!).6 211. perfform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction xvithin the prescribed time. lFcontract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the O~vner that the award will be in the best interests of the Project. If the contract is to be awarded, the Owner x~ill give the Successful Bidder a Notice of Award within ninety (90) days after the date ofttne Bid opening. Execution of Agreement. Witlnin fifteen (151 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 o f Insurance. 21. 22. 23. 24. 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 Imv¢ been paid in full, and that there are no claims pending. Bid Compliance. Bid must comply with all Federal, State, COLInty and local laxvs. Contractor shall not hire nor work an), illegal alien. Notice to Proceed. Upon execution of the Contract, thc Owner will issue a written Notice to Procced to the Contractor requesting that he proceed with the construction. The Calendar day count on the project slmll commence work within ten (I01 calendar days after fine date of Notice to Proceed or when the contractor begins work, whichever occurs first. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the pro. jeer. In order to be exempt from the sales tax on such tangible personal property, the contract slmll separate and provide separate charges for materials to be incorporated into the project from charges for labor. Tine City will provide the Contractor with an exemption certificate for the materials. Fhe contractor is expected to issue a resale certificate in lieu of paying a sales tax at thc time of purchase. The bidder shall show thc 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 thc tax exemption. Upon execution of the construction contract, the succcssful bidder slnall provide a per item breakdown of 11 1 13 Bt(hlzng Documents 25. 26. 27. 28. materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the prc~ject. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 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. Assignment. l'he Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. Venue. 29. 30. 31. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. Maintenance Bond. Thc Contractor shall provide a two-year Maintenance Bond in the amount of 50% of thc value of the work at the completion of the project. The bond must bc provided prior to final payment by thc City. Testing Requirements. The Owner shall make arrangements with an independent laboratory' acceptable for testing as required by the construction plans and standard specifications. '[he Contractor shall bear all related costs o£ retests, or reinsp¢ctions. The Contractor shall notify the ENGINEER in a timely manner of ~hen 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 resnlts. 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 bis own expense. Overtime. "flours worked betbrc 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime requcst or scheduled testing must be made in writing and approved by' l ~ / 4 BM(ting Documen t.s 32. lhe City of CoppelI. 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 pa~nents." Payment. CONTRACTOR shall submit Applications for Pa~-nent in accordance xvith Item 1.51 of the General Provisions. Applicalions for Payment will be processed by ENGINEER as provided in the General Provisions. 33. Documentation of existing conditions. Contractor must video and proxide copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to Pay ltem l-1 "Prepare Right-of- Way". 1-15 Bidding Documents BII. i FOIiM (TI3 (ll,'((ll,lq{ll BII) NO: ()-llla4-Ol 3 (b) BDDER has f~amiliarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laxvs and Regulations that in any manner may affect cost, progress, performance or fitmishing of the Work. BIDDER has studied carefully all reports and drawings of subsurl~ace 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 nontcchnicaI data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the m~mcdiately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. (d) (e) BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsur[:ace stmctnres on the site, which are contained in the contract documents and xvhich have bccn 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 snch structures. BIDDER has obtained and carefully studied (or asstunes responsibility for obtaining and carefully studying) all such examinations, investigations, exploratidns, tests and studies (m addition to or to supplement those referred to m (c) above) which pertain to tile subsurface or physical conditions at tile 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 tile other temps 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. 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 thc 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 arc or will be required by BIDDER in order to pertbrm 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. BIDDER has con'elated the results of all such observations, cxaminations, inxcstigations, explorations, tests, reports and studies with thc terms and conditions of the Contract Documents. Bidding Documents BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the wr/tten 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 coni'ormity 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 solicitcd or induced any person, firm or corporation to refrain fi'om bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any otbcr Bidder or over OWNER. (i) It is understood and agreed that thc tbIlowing quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is understood and agreed that the quantities of work to be done at nnit prices and materials to be furnished may be increased or diminished as may be considered necessa~ in tile opinion of the OWNER to complete thc work fully as planned and contemplated, and that all quantities of work, xvhether increased or decreased, are to be performed at tile unit prices set forlh, except as provided for in the Contract Documents. Bidder understands and agrees that all work under this contract will be constructed in phases that will likely require nmltiplc move-ins by contractors and/or subcontractors and further understands that all work shall be completed within the calcndar days bid. 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 thc bid. 7. It is understood and agreed that the contractor's experience in this t55oe of work will be a strong consideration in the award of thc bid. it is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic, that could affect productivity. BIDDER will complete the Work for thc Ibllowing price(s): Bidding Documents Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1-1 424 ~ STA Prepare Right of Wav and ~3Q_ Cents ~ per Station. i-2 13,050 SY Remove & Dispose Asphalt Pavement ~ T~ .~ Dollars and MC Cents per Square Yard. I-3 350 SY Remove & Dispose I Concrete Sidewalk ~ ] ~:~¢ Dollars ancl~v T:teG Cents [ [ per Square Yard. [-4 1,663 SY Rcmo~c & Dispose ~ Concrete PaYement . and~ a~ Cents ~ per Square Yard~ -5 482 ~ SY Remove & Dispose Concrete Riprap %~ Dollars and E~5~ Cents per Square Yard. 6 2,702 CY Excax ation" Road~x ay & Channel ] q~tOC: Dollars i and~ ~C Cents per Cubic Yard. 7- ! 9 BIddtng DocumenLs Sandy Lake Road (from Kimbel Kourt to east CiD' Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item ] Quantity Unit Description and Price m Words Unit Total No. Price Price i 7 67,189 CY Borrow and Embankment Complete in Place [ and?'~f_ ?~ Cents per Cubic Yard. I 8 36,762 SY Topsoil (4") Furnish & Place Complete in Place ; per Square Yard. [-9 37,487 SY Erosion Control / Seeding (Cellulose F.M.) , ~ Complete in Place ! and ~; Cents per Squarc Yard. 1-10 I 21.7 CY Flex Base T3~)e 'A': GR-2 Class 4 ~ Complete in Place  Dollars N/A Subsidia~ to and Cents Pay Item [~ 13 ~ per Cubic Yard [-I1 . 32,558 SY Lime Treated Subgradc 8" i Complete in Place per Squarc Yard. Sandy Lake Road (from Kimbel Kourt to east City I,imils) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item No. i12 1-13 1-14 1-15 1-16 Quantity 65X72 15O 10,157 Unit TON SY LF DesciSption and Price m Words Lime SIunT TyT~e 'A' at 42~I / SY Complete in Place o~,ae w~,~,;c-,rz~r, Dollars ami cqc Cents per Ton. HMAC Type 'D' Driveway Transitions Complete in Place ~'~Vr:q~ ( <~L~__ Dollars and ~'Gc Cents per Square Yard. Monolithic Curb 6" Complete in Place Dollars and Cents per Linear Foot. Concrete Pavement 8" Reinforced 3600 PSI Compressive) (6 sack) Complete m Place r~,c~ ~w <;x Dollars and ~e:,w *, e~ Cents per Square Yard. N/A Total Price Subsidia~ to Pay Item 1-15 & Pay Item 1-63 30,715 63 SY LF Concrete Street Header Complete in Place ...... Dollars and Cents per Linear Foot. Unit Price N/A 812 ,q'l~. 7'5 Subsidiary to Pay Item 1-13 / 2/ Bidding Dor::ument~ F)uanht} 14,436± Sandy Lake Road (from KJmbe! Kour! to east Cig' Limits) Project - No. ST 93-01 UNIT PRICE BID SC[IEDULE BASE BID 150'_ CY C¥ l,;21m Uni~ Pnce N/A N A 160 II I h ~-LF Descnphon and Price m Vv'ords .51r-oc/ura] Excavation / Large Cu h'er't Dollars and Cents )er Cubic Yard Stnictural Exca,,ation / Riprap Dollars and Cents )er Cubic Yard ---- Do/lals and .__ Cents per Cubic Yard Cement Stabilized Backfill Complete in Piace Dollars and__ _ .Cents pel CuMc Yard Trench Safety Prolection Complete m Place L,~ liars and .__t'~o __ Cents per Lmear Foot. Tolal Price Subsidiary to Pay hem 1-25 Subsidiary [o Item 1-24 Pa,,, Ilems 1-27 1-34 Subs~diar) to Pay l!em 1-25 Sandy Lake Road (from Kimbel Kourt to east CiD' Limits) Project- No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID ] Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1-22 42,500 SF [empora~ Special Shoring Complete in Place t~ £-r, 3 Do] lars and ~ ~-,w Cents per Square Foot. I 23 10,I 16 SF Retaining Wall/Modular Block Complete in Place · ~,~ ~ c~ Dollars I and ~qc Cents per Square Foot. 1-24 511 SY Riprap, Class 'B' Complete in Place ,i ~__~ T~-~ Dollars and N,c 'Tents per Square Yard. 1-25 ' 163 [.F Cast in Place Four-Ba~el 10'xS' . Concrete Box Culve~ (including dewatering) Complete in Place ~xJ~ i~hg~b Dollars and ~hc Cents per Linear Foot. I 26 50 LF 4" PVC Stom~ Drain Pipe Complete in Placc DvO~vx Dollars ~ and ~0 Cents , )er kincar Foot. Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCtfEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1-27 527 LF 18" RCP Class III Complete in Place I and N~ Cents ' per Linear Foot. I 28 1,364 LF 21" RCP Class 1II I Complete in Place and i~c Cents per Linear Foot. 1-29 565 LF 24" RCP Class III Complete m Place ! and ~'ao Cents per Linear Foot. 1-30 56 LF 27" RCP Class Complete in Place and cd c Cents oer Linear Foot. 1-31 187 LF 30 RCI Class III Complete in Place ~ and tqo Cents , Linear Foot, Bidding, Doc'umentl Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCttEDUI,E BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1-32 184 LF 3Y' RCP Class Ill Complete in Place i Dollars and ,~c Cents per Linear Foot. b33 85 LF 36" RCP Class III Complete in Place M~r'~ Dollars i and ~c Cents [ per Linear Foot. 1-34 , 688 J I.F 48" RCP Class III Complete in Place ~,~ ~ Dollars and ~C Cents [ per Linear Foot. 1-35 5 EA 6' Recessed Curb h~lct ~ Complete in Place I -r~ ',~u ~,.~.~ Dollars [ and ..... ~-a Cents per Each. 1-36 3 EA 8' Recessed Curb inlet Complete in Place ~¢~ T~'&-~N~! Dollars .2, and ~o Cents ........... L ..... ~r Each. _ / -°5 thddmg Docume~t,'s S~ndy Lake Ro~d (from Kimbe! Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCIIEDULE BASE BID Item J Quantity Unit Description and Price in Words Unit Total No I Price Price 1-7~ -/~ 12 EA 10' Recessed Curb Inlet t Complete in Place _~,v.~ ~ Dollars _~c~ and Nv Cents per Each. 1-38 I 1 EA 2' x 4' Grate lnlet , Complete in Place ~ and Nc Cents per Each, 1-39 ~ I ~ EA 'Y' Inlet 4' x 4' Complete m Place and ~o Cents ~ per Each. 1-40 I 2 EA Ts~e 'A' Stom~ Sewer Manhole 21" Dia. Complete in Pla~ S~ ~e~. ~ e ~ pTw Dollars and oc' Cents pcr Each. [-41 4 EA T)~e 'A' Storm Sewer Manhole 24" Dia. ComDIete in Place ~t~ c~ I I~ ~ ~ and . .IGc Cents I~_ _ per Each. 1 26 t3utding [_)ocumenL~ Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity No. 1-42 3 1-43 2 1-44 3 1 45 2 1-46 6 Unit Description and Price in Words Unit Total Price Price EA EA EA EA EA Type 'B' Storm Sewer Manhole 48" Dia. Complete in Place _ ~2e v-; Dollars and /,3,: Cents per Each. Type 'B' Storm Sewer Manhole 36" Dia. Complete in Place ~ ~ ~t~_ 1+~5~l~- L~OI£DFS and ~'~ Cents per Each. Type 'C' lqeadwall 18' Complete in Place c,~tT ~-~%~cw~ Dollars and r'~o Cents per Each. Type 'C' Heady, all 21" , Complete in Placc rv~,c--~._ZC~_~ Dollars and r'4~c, Cents per Each. Typc 'C' lleadwall 24" Complete i~n Pl?,.ce ~c~, Dollar's and &) ? Cents per Each. BtddInJ4 Document3 Sandy Lake Road (from Kimbd Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID i- Item Quantity Unit Description and Price in Words Unit Total No Price Price [-47 2 EA Type 'C' Headwall 30" Complete in Place I m~d ~ Cents per Each. [-48 i 2 EA T)~e 'C' Headwall 33" ] Conmletcin Place { and ~O Cents per Each. 1-40 I 0 EA Ty?e 'C' Headwall 36" Comp otc n Place and ~ 3' Cents per Each. b50 1 EA Type 'C' Hcadwall 48" Complete in Place anti ~ o Cents per Each. I-5~ 17 [ LF T~e 'A' Slotted Dram 2i" Complete in Place P~F~ _D°llars t ' [ ~and ¢'x~ Cents I ~ per Linear Foot. [~ 2,~' ~tcldln~ Do¢'~tnle;iI~' Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCItEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1-52 57 LF Remove Old Structure (Pipe <18") F'~ v~ Dollars and ~ Cents per Linear Foot. 1-53 ~ 4~_~ LF Remove Old St~cmre (Pipe>l 8") I ?t~e: Dollars and ~c Cents per Linear Foot. 1-54 95 LF Remove Old Drainage Stmctorc ] Four-Ba~el 10'x 8' Box Culvert and t~O Cents , pcr Linear Foot, P55 25 EA Remove Old Structure (Wingwalls) Dollars N/A Subsidia~ and Cents per Each. Pay Item 1-54 I 56 2 EA Mailbox Assemblies Complete in Place and ._~C Cents ~er Each. i 29 Btddlng Documen:3 Sand)' Lake Road (from Kimbel Kourt to east Ci~ IJmits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit ] Description and Price m Words Unit Total No. Price Price 1-57 1 LS Mobilization & Demobilization _(~-oLnplete in Place ~d M~o C enls per Lump Sum. 1-58 i LS Furnish, Install & Maintain All Traffic Control Devices Necessao For Safe Traffic Handling Complete tn Place ~ _ 7~s~'~ ~ ._ Dollars and ~c Cents , per Lump Sum. 1-59 2,579 SY Construct Dclours Complete in Place -~'~ ~ qN' Do 11 ars Iand oO Cents per Square Yard. 1-60 4,650 LF Portable Concrete Bamer T)pe 2 Furnish & Install Complete in Place ~75-o 2n~c~ %~ Dollars I and ~:L! L~ Cents per Linear Foot. 1-61 4,250 LF Portable Concrete Ba~er Tspe 2 Move & Reset Complete in Place I ; ; and F~FW Cents per Linear Foot, ~r Sand)' Lake Road (from Kimbel Kourt to east CiD' Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID a Ne. Quantity Unit ] Description and Price in Words Unit Total Price Price ~ 4,650 LF Portable Concrete Barrier Type 2 Remove and ?~' .... Cents per Linear Foot. 1,638 SY 6" Concrete Driveways/Pavement Complete in Place ~ Ttaq ~ ~ Do 11 ars and c4,~ Cents per Square Yard 17 EA Barrier Free Ramps ] Complete in Place and /',30 Cents per Each. 400 LF Remove/Metal Beam Guard Fence s t < Doll ars and D o Cents per Lmear Foot 1-62 I4;4 I 65 / 3 / Bidding Document~ Sandy Lake Road (from Kimbel Kourt to east City i,imits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity k!nit Description and Price in Words Unit Total No. , Price Price I 66 1,561 Lb' Replace Chain Link Fence I Complete m Place rc.o o-,7¥ o~C Dollars and t-.~ 'e Cents I per Linear Foot. 1-67 6,172 LI: 2" PV(7 Conduit (SCH. 40) r Complete in Place ¢~o~t,te-. Dollars ~.e?t~ 24~ Og-g oc. and ~30 Cents ' Li F ; per near oot I 68 [ 5.502 [ LF Y' PVC Conduit (SCH. 40) I Complete in Place I r-~vL Dollars and ~¢,,aL~ l~wc Cents per Linear Foot. 1-69 I 32 EA Ground Boxes Type 'A' i Complete in Place ~*ve t)ollars per Each. 1-70 i 5 EA Ground Boxes Type 'B' ! Complete in Place t-~r-~ Dollars and {,.jo Cents ~er Each /-32 t~tdchn,~f Doc'u;nent~ Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. i Price Price 1-71 r 102 SF Alum Signs Type 'A' Complete in Place and t4o Cents per Square Foot. I 72 14 EA Small RDSD SGN Assembly T~e 'A' Complete in Place ,. ?~,~ ....... Dollars I and rd 3 Cents ,,J per Each. 1-73 , 7 EA Small RDSD SGN I Assembly' TL D-I Complete in Place and k~ C Cents per Each. 1-74 20,450 [ F Work Zone Pavement Marking Subs i d i ary Remove (W) 4" (Solid) to Pay Dollars Item 1-58 ....... and Cents per Linear Foot. 1-75 t30 LF Work Zone Pavement Marking Subs idiar~ Remove (W) 4" (Broken) to Pay Dollars N/A Item 1-58 I and Cents ] per Linear Foot. - ] 33 Bidding Documents Sandy Lake Road (from Kimbel Kourt to east CiD' Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1-76 20.450 LF 'Work Zone Pavement Marking Subsidiary Remove (Y) 4" (Solid) to pay Dollars N/A Item 1-58 and Cents per Linear Foot. I 77 30I LF Reflective Pavement Marking TY I 1 (W) 18" (Solid) Complete in Place qn4~e:b Dollars and __~ . Cents per Cubic Yard. I 78 30I LF Reflective Pavement Marking TY II (W) I8"(Solid) Complete in Place t,se Dollars and t-~v~Vq', Cents per Linear Foot. I 79 74.~21x EA Raised Pavement Marker P-15 W 677 Complete in Place andT~,~c~' ~ec Cents ~er Each. 1-80 ~2,I× EA Raised Pavement Marker P-7 W 3 7 6 Complete in Place I >er Each. ] .~4 Bi&hng Documents Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price I $1 ~,8~;k EA 4" Round, White Aco, lic, Double Reflective Traffic Buttons P1 I7Y 531 Complete in Place kix Dollars and cae Cents , per Each. i-S2 61,440 LF Elim Ext Pavement Marker & Subsidiary Marker (4") N/A to Pay Dollars Item 1-58 i I and ....... Cents ~ per Linear Foot. 1-83 N/A NA ! Rock Filter Dam, Type 4 (install) Complete in Place N/A Subsidiary to Dollars and Cents Pay Item 1-86 per Linear Foot. 1-84 I N~A N/A Rock Filter [)am, T~qoc 4 (Remove & Replace) N/A Subsidiary to Complete in Place Pay ltem 1-86 Dollars and Cents i per Linear Foot. I 85 N,'A I N'A Rock Filter I)mn T~pe 4 , (Remove) N/A Subsidiary to Pay Item ' _ ....... Dollars aod ...... Cents ................. per N/A. - /-35 Bzctdmg Doct~o;,u't~ts Sandy Lake Road (from Kimbel Kourt to east CiD' Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item i Quantity Unit Description and Price in Words Unit Total No. Price Price 1-86 ! 1 LS Storm Water Pollution [ Prevention Plan Compte[9 in Place ~:~.~q~ Dollars ! and ~c Cents ] per Lum~-S~ - [-87 2 .... LF 4" PVC Conduit (Sch 40) Complete in Place ~ ~5,x Dollars ~ and _~ ~c' .... Cents [ per Square Foot. [ 1-88 2,256 SY Furnish/Place Stamped Concrete Complete in Place I ~ '~xW ~(~'T _~ Dollars and qc~;4~iy ~l ~. Cents ; ' per Square Yard. 1-89 ] N:A N/A Foundation for Street Lights N/A N/A [ Complete in Place , ~ Dollars Duplicated as a~d - Cents Pay item 1-108 ! per Each. 1-90 2 EA Ts~e III Bamcade Complete in Place we,~; ~¢g~ Dollars and ,~O Cents ,,~& { ~ c---o per Each. / 36 Bzddtng Doc'umenLs Sandy Lake Road (from Kimbel Kourt to east CiD' Limits) Project - No. ST 9.3-01 UNIT PRICE BID SCHEDULE BASE BID T Item ] Quantity Unit Dcscidption and Price in Words Unit Total No.~ Pz5ce Price I-9I 70 EA Pot Hole for Utility Location Complete m Place and Nc Cents per Each. 1-92 15 CY Concrete Encasement for Utility Protection Complete in ~lace , and Oc Cents per Cubic Yard. I- o 1 EA Disconnect & Reconnect Existing 2" Meter at Sta 65+28 Complete in Place ~_ ~?~t~ Dollars and ~o Cents per Each, 1-94 2 EA 2" Se~%e Tap (per City II-' Standards) ~omplete in Place c~ a**~q> Dollars and ~o Cents per Each. 95 N,A EA 2" Ball Valve Complete in PlaCeDollars N A Subsidia~ to ~ and ...... Cents Pay Item 1-94 per Each. 137 &ddlng Documents Sandy I.ake Road (from Kimbel Kourt to east CiD' Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity' Unit Description and Price in Words Unit Total No. Price Price 1-96 295 IY 8" PVC C900 Water Line Complete in Place ~c ~ c a.',c Dollars and ~O Cents Linear Foot. 1-97 3 IEA 8" Water Valve Complete in ?lace ~ r-~ff~ Dollars and t~ Cents ~ per Each. 1-98 7 EA Fire Hydrants (per City Standards) [ I Complete in Place per Each. 1-99 3 EA Remove Existing Fire Hydrant Complete in PlaccDollars N/A Subsidia~ to and Cents Pay Item D98 per Each. 1-100 ] 1 EA 16" xS'TappingSlcexe&Valvc [ Complete in Place and (~O Cents per Each. Bidding Documents Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID ltein Quantity Unit Description and Price in Words Unit Total Nu. Price Price 1-101 0 EA 8" x 8" Tapping Sleeve & Valve Complete m Place N/A N/A Dollars and Cents per Each.. 1-102 3 EA 12" x 8" Tapping Sleeve & Valve Complete in Place ~- and /,,Dc Cents per Each. I-103 N/A EA 2" Corporation Stop & Valve N/A Subsidiary to Colnplele in Place ~ Dollars ! and Cents Pay Items 1-93 i & 1-94 i per Each. 1-104 1 LS Furnish and Install City Entrance Sign Complete in Place ~wv~ ecc-~b Dollars and ~ 0 Cents ~ ~ per Lump Sum. 1-105 ,..7,7 SY Sidewalk Class 'A' Concrete I Complete in Place 'i~t-~,,7~t ,~:v6~ Dollars and NQ ..... Cents , per Square Yard. I _;9 Bidding Doclonenl3 Sandy Lake Road (from Kimbel Kourt to east CiD' Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. , Price Price 1-106 120 LF 10" Sanitary Sewer Complete in Place ~, ~ c,e'r~ Dollars ~O. o4~ and i'-) ,5 Cents per Linear Foot. 1-107 [ 75 LF Concrete Encaselnent for Sanitary I, Sewer I N,A Subsidiary to I Complete in Place Pay Item I-106 I Dollars I and ._ Cents per Linear Foot. 1-10S l-- 25 EA Street Light Foundation / ] Complete in Place i ~w~,no ~uj>e-~ Dollars -/c,~ ceo ~7~ i and /,..lC' Cents I per Each. 1-109 1 EA Standard Sanitary Sewer Manhole Comtolcte in Place I and t,.3'3 Cents per Each. [ l 110 16 LF 6" PVC C900 Water Line Complete in Place N/A Subsidiary to Dollars and Cents Pay Item 1-98 per Linear Foot. / 40 Bidding DocumenL¥ Sand); Lake Road (from KJmbel Kourt to east CiD' Limits) Project - No. ST 93~01 UNIT PRICE BID SCItEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price I-1 I I ] 13 I EA Adjust Existing Manhole to Grade Complctc in Place and ~C Cents per Each. I-112 =~' EA Adjust Existing Valve Boxes to Grade ~ Complete in Place r ~and ~o Cents ~ j per Each. I 113 I 10 EA Detectable Warning Ramps I Complete in Place and ___~ .... Cents ] per Each. I-1 I4 500 LF Remo~ e Existing Structure and Brick Wall Complete in Place and ~ O Cents Linear Foot. ~ EA Project Signs I Complete in Place ~ and C,4 ~ Cents i per Eact~. / 4l Bidding Document3 Sandy Lake Road (from Kimbel Kourt to east Ci~' Limits) Project - No. ST 93-01 UNIT PRICE BID SCHEDULE BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price l- 1 6 1 EA Proj ec t Trailer Complete in Place 'c~tw,.~ *:~r~ Dollars and 00 c Cents per Each. TOTAl, BID ITEMS BASE BID l-I thru 1-116 T)uNGIBLE PERSONAL PROPERTY COST $ [ SI), I 42 Blddzng Documcnh TOTAI. BID ITEMS BASE BD I-1 thru 1-116 BID SUMMARY CALEND~R TOTAL PRICE DAYS 6 BIDDER agrees that all Work awarded will be completed xvithin %'o°'0 Calendar Days. Contract time wiII Commence to mn as provided in the Contract Documents. Communications concerning this Bid shall bc addressed to the address of BDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Usc Tax on tangible personal property to be incorporated rote the project. Said taxes are not inchlded in the Contract Price (see Instructions to Bidders). The terms used in this Bid which are defined in thc General Conditions oFthe Construction Contract included as pan o£the Contract Documents have the meanings assigned to them in thc General Conditions. The Cib' 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, thc 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 November 16Ula"~, 2004 Signature: ' ~ LOUIS TISEO, SECRETARY TREASURER Receipt of Addendums No. 1 and No. 2 Acknowledged. Buhhng Documents BID AFFIDAVIT The nndersigned cc~lifies that the bid prices contaiued in this bid have been carefully reviewed and arc submitted as co~'cct and final. Bidder furlher certifies and a~ees to fitrnish any and/or all commodities upon which pr/ecs 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 ~LF.,XA~5_ COUNTTY OF DALLAS ME, the undersigned authority, a Notary Public in and for ll~e State of TEXAS personally appeared LOU I S T I SEO who after being by me Name duly sv, om, did depose and say: BEFORE , on this day "L LOUIS TISEO Name TISEO PAVING CO. Name of Firm foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute thc ?ISEO PAVING CO. Name of Firm I hereby cenit*' that the foregoing bid has not been prepared in collusion with any other Bidder or i~:dividual(s) engaged in thc same linc of business prior to the official opening of this bid. Further, I ceftin' that the Bidder is not now, nor has been for thc past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: TISEO PAVING CO. 419 E. HWY. 80 MESQUITE, TX 75150 Tcle hooc (972) 289-0723 by' LOUIS TI O htle: .............. 5~gnature: ~A, ~ ~ - SUBSCRIBED AND SWORN to before me by the above named LOUIS TISEO dayof NOVEMBER 20 04 Notary Public m and for thc State of TEXAS ] 44 Ii'BIDDER IS: An Individual By (Seal) doing business as Individual's Name) Business address A Partnership Phone No. By (Seal) (Firm Name) (General Partner) Business address Phone No. A Corporation B; TISE0 PAVING CO. (Co¢oration Name) MICHIGAN (State of' Inco~oration) By LOUIS TISEO (Name of person amhorized to sign) (Co po ateSeul) / I f/ / Business address 419 E. H~Y. 80, ~ESQUIWE, TX 75150 Phone No. (972)289-0723 A Joint Venture (Name) (Address) (Name) (Address) {}/ach lomt ventx~re must mgm The manner of sliming fm each individual, pammrship and corporation that is a partner to thc Ioint venture should be in thc lllamlcl indicated abo,,e.) 14.5 Bt&ling Documents PREVAILING WAGE RATES Air Tool Operator ............................... 9.00 Asphalt Raker ................................... 9.55 Asphalt Shoveler ............................... 8.80 Batching Plant Weigher ...................... 11.51 Carpente~ .................................. 10.30 Concrete Finisher-Paving ................ 1050 Concrete Finisher-Structures ............... 9.83 Concrete Rubber ............................ 8.84 Electrician 15.37 Flagger .................................... 7.55 Folm Builder~gtructures ....................... 9.82 Form Idner-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 ..................................... 941 Painter-Structures ............................ 11.00 Pipe Layer .................................... 8.98 Blaste~ .......................................... 11.50 Asphalt Distributor Operator .................. 10.29 Asphalt Paving Machine .................. 10.30 Broom o~ Sweeper Operator ................... 8.72 Bulldozer 10.74 (oncrete Curing Machine ............... 9.25 Concrete Finishing Machine .................. 11.13 Concrete Paving Joint Machine .............. 10.42 Concrete Paving Joint Sealer ............. %00 Track Driver Lowboy/Float ................... 10.44 Truck DIiver-Transit Mix ...................... 9.47 Truck Driver- Winch ............................ 9,00 Vibrator Operator-Haod Type .................. 7.32 Welder .......................................... 11.57 Concrete Paving Saw ................................ 10.39 Concrete Paving Spreader .......................... 10.50 Slipl¢)xm Machine Operator .......................... 9.92 Crane, Clamshell, Backhoe, Derrick, Drag]ine, Shovel ........................... 11.04 Foundation Drill Operator Crawler Mounted ..... 10.00 Foundation Drill Operatol Track Mounted ...... 11 83 Front End Loadei . .................................. 9.96 Millmg Machine Operator ......................... 8.62 Mixel ............................................. 10.30 Moto~ Grader Operator Fmc Grade ............... I 1.97 Motor Grade Operator ............................... 10.96 Pavement Marking Machine ......................... 7.32 Roller, Steel Wheel Plant-Mix Pavements ......... 9.06 RolIel, 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 'D aveling Mixer ..................................... 8.83 Wagon-Drill, Boring Machine ................... 12.00 Rein/b~cing Steel Setter Paving .................... 1321 Reinforcing Steel Sette~ Structures .............. 13.31 Steel Worker- Structural ......................... I4.80 Spreader Box Operator .............................. 10.00 Work Zone Barricade ................................ 732 Trnck Driver-Single Axle Light .................... 8965 Truck Driver-Single Axle Heavy .................... 9.02 Trnck Duver -Tandem Axle Semi Trailer ......... 8.77 1-46 Btddmg Documents SECTION 2 CONTRA CT DOCUMENTS T H E C I T Y 0 F COPPELL STANDARD FORM OF AGREEMENT BET~VEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the / q"~ day of_5 e..t ~-~(",e v' in the }'ear 2004 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and T1SEO PAVING COMPANY (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CO TRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This ;vork shall consist of the reconstruction of Sandy Lake Road from KimbeI Kourt to the cast city limit line, which is a distance of approximately 4,250 feet. The road currently exists as a 2-lane asphalt roadway and will be constructed as a four-lane concrete divided boulevard. Because of the need to elevate the roadway adjacent to the floodplain, a substantial amount of fill will be necessary. Also, the contractor will be required to maintain traffic throughout the construction area at all times. A detailed traffic control plan has been provided with the construction plans. It will also be necessary to maintain access to the adjacent properties at all times. The work shall include the construction of drainage systems, including pipes, culverts and inlets, and a sidewalk along the south side of the roadway. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Sandy Lake Road Project # ST 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 Sandy Lake Road (from Kimbel Kourt to east City' Limits) Project - No. ST 93-01 Bid No. Q-1004-01 Article 2. ENGINEER. The Project has been designed by Jacobs Engineering Group, inc. Contract administration ,,viii 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 ENG!aNEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 2 2 Contract Documentx Article 3. CONTRACT TIME. 3.1. The Work will be completed within 480 Calendar Days from the date when the Contract time commences to mn as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of reqoiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Five hundred dollars {$500.00} for each day that expires after the time specified in paragraph 3.1 for Completion until thc 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 $4~828~324.41. The total tangible personal property cost included in the contract sum is $ 150,000.00. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Pa~vment 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 detem~ine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract PAce 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 other~vise may affect thc 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 info~nation 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 perforn~ and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of thc 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 ('¢~,qtp(ic! Documentx 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 "Sandy Lake Road (from Kimbei Kourt to east City Limits) Project - # ST 93-01 for the City of Coppell". 8.8. Drawings entitled: "Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - # ST 93-01 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 otherxvise above). 2-5 Contract Documenls 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. Tern~s used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicatcd in the General Provisions. 9.2. No assigmnent by a party hereto of any rights under or interests in the Contract Documents xvill 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 effcct 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 Docmnents. 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 respcct of all covenants, agreements and obligations contained in thc Contract Documents. Article 10. OTHER PROVISIONS. 1N WITNESS ~VHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivcred 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 _ ~x,,e~e,..~_~ t~. I ~ ,2004. OWNER: Ci~ of Coppell 255 Parkway Boulevard Coppell, TX 75019 II Address for giving nonces: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works CONTRACTOR: Tiseo Paving Company 419 E. Hwy. 80 Mesquite, TX 75150 By:,~ t /' ATTEST:~C~M Address for giving notices: (If OWNTR is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreemcnt.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2- 7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Oxvner with Certificate of Insurance, which will be executed and bound here with final documents. 2-8 Contract Document3' -- I ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YY) 12/29/04 $054 Livernois 1-248-828-3377 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 POLICIES BELOW. INSURERS AFFORDING COVERAGE ~erican In__surance C~__pan__y Tiseo Paving Company, Inc. P.O. Box 270040 Dallas, TX 75227 INSURERD: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR · POLICY EFFECTIVEPOLICY EXPIRATION ,~ r~l PRO- ~ ANY AUTO OTHER THAN ~ A~C ~ OCCUR ~ C~IMS MADE AGGREGATE ~0,000,000 ~ DEDUOTIBLE CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER: City of Coppell Dir of Engineering/Public Works Attn= Ken Griffin, P.E. P.O. Box 9478 Coppell, TX 75019 USA CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KrND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7/97) =taylor 2353240 ~ ACORD CORPORATION 1988 Powered BYcerfificatesNow~ IMPORTANT If the cedificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) General Instructions For Bonds The surety on each bond must be a responsible surety company which is qualified to do business in Texas and satisfactory to the Owner. 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. 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. The signature of a witness shall appear in the appropriate place, attesting the signature of each individuaI party to the bond. 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 mid attested under the corporate seal, the Pact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. 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 tree copies. 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. 35BCSDE8260 STATE OF TEXAS } COUD/TY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Tise Paving Company whose address is 419 E. Hwy. 80 Mesquite, TX 75'150 hereinafter called Principal, and Hartford Fire Insurance Company , a corporation organ/zed and existing under the laws of the State of Connecticut , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of'the State of Texas, hereinafter called "Beneficiary", in the penal sum of Four Million Eight Hundred Twenty Eight Thousand Three Hundred Twenty Four Dollars and 4'l/Cents DOLLARS ($ 3~.41 ___ ) 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 SupplementaI Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the of , A.D. 20 __ , which is made a part hereof by reference, for the construction o£certain public improvements that are generally described as follows: Construction of Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - it ST 93-01 Bid No. Q-1004-01 NOW, THEI~EFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract m 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 perfom~ and fuifift alt the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace ali defects due to faulty materials and workmanship that appear within a period of one (1) year fi.om 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 Contracl Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AIND 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 Vornon'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 Triplicate_ copies, each one of which shall be deemed an original, this the 21st · day of December _, 20 04 PRINCIPAL .... SURETY Tise° J~g~,C.g°mpany Hartford Fire Insurance Company t Ka'tlileen M. Irelan, Attorney-in-~-ct ATTEST: ATTEST: Elayne d_~vattone Rc.qidcnt Agent of thc Surety tn Dallas or Denton County, Texas. for delivery of notice and service ef the process is: NAME: William D. Birdsong - William George Associates ADDRESS: 10000 N. Central Expressway Suite 1100 Dallas, TX 75231 NOTE.- Date of Pe~for/nance Bond must be date of Contract.. If Resident Agent is not corporation, givc per$on~ name, Contract Doetanent~ PAYMENT BOND Bond No. 35BCSDE8260 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Tiseo Paving Company whose address is 419 E. Hwy 80 Mesquite, TX 75150 hereinafter called Principal, and Hartford Fire Insurance Company , a corporation organized and existing under the laws of the State of Connecticut , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto thc CITY OF COPPELL, a municipal corporation organized axed existing under thc laws of thc State of Texas, hereinafter called "Beneficiary", in the penal sum of Four Million Y:iqht Hundred Twenty _Eig~and Three Hundred Twenty Four Dollars and 41/Cents DOLLARS ($~,B282~,~J~) in lawful money of the United States, to be paid in Dallas County, Texas, ~or the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firefly 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 A~eemeat which reduces the Contract price decrease the penal sum &this Bond. THE OBLIGATION TO PAY SANIE is conditioned as follows: Whereas, the Principal catered into a certain Contract with thc City of Coppell, dated the __ of , A.D. 20 , ~vhich is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - # ST 93-01 Bid ]No. Q-1004-01 NOW, THEREFORE, if the Principal shall well, truly and faithfitlIy 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 tetras of the Contract or to 2-12 Contract Documents the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shal~ 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 temps 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. m~d any other applicable statutes of the State of Texas. The undersigned m~d 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-I of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in Triplicate one of which shall be deemed an original, this the 21st day of December PRINCIPAL SURETy copies, each ,20 04 Tiseo P~a/yi~/C~any Hartford Fire Insurance Company BY: ~'~//~- By:_ ~~,,~ . Title: Lr)u~,q-~saD~ ~,x~a~a,E T t e gathleen M. Irelan, Attorney-in-Fact ATTEST: ATTEST: -- Elayne'~iavattone Thc Rc~i~cm ~gcm o~ the ~rety ~n Dallas o~ ~en~on County, ~cxas~ (o~ dc[~Yc~ o~ ~oficc a~ service o~ thc process ~s: NAME: William D. Birdsong - William George Asssociates ADDRESS: 10000 N. Central Expressway Suite 1100 Dallas, TX 75231 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent ix not a corporation, give a person's 2-13 Contract Documents MAINTENANCE BOND Bond No. 35BCSDE8260 STATE OF TEXAS COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Tiseo Paving Company _419 E. Hwy 80 Mesquite, TX 75150 as Principal, and Hartford Fire Insurance Company , a corporation organized under the laws of Connecticut , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto thc City of Coppell , a Municipal Corporation, Texas, the sum of Two Million Four Hundred Fourteen lhousand One Hundered Sixty Dollars and Two Dollars and 20/Cents Cents ($2,4t4,162.20 ) , for the payment of which sum will and tndy be made unto said C_jty of Coppell , 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 Tiseo Paving Company has this day entered into a written contract with the said City of Coppell to build and construct Sandy Lake Road (from Kimbel Kourt to east City Limits) Project - # ST 93-01, which contract and the plans and specifications therein mentioned, adopted by the Director of Engineering/Public Worksoxe 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 perforated, for a period of two (2) years from the date of thc acceptance of said work, and to do all necessary repairs and/or reconstnmtion 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 tho 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 o£its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further a~eed 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 exhatksted; mad it is further understood that the obligation herein to maintain said work shall continue tlxroughout said maintenance period, 2-14 L and the same shall not be changed, diminished or in any manner affected fi.om any cause dnring said time. IN WITNESS WHEREOF, the said Tiseo Paving Company has caused these presents to be executed by and the said Hartford Fire Insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Kathleen M. Irelan has hereunto set his hand, th~ 21st day of December ,20 04 PRINCIPAL SURETY _TJseo Pe~mn~any Hartford Fire Insurance Company Title: L~S-~5.~ ~c-P_t-c~o_~--~nso~e Title: Kathleen M. Irelan, Attorney-in-fact WITNESS: ATTEST: Elayne~Ciavattone IVOTE' Date of Maintenance Bond must not be prior to date of Contract. 2- ] 5 Contract Document~ Insured's Name Insured's Mailing Address Policy Number IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: Form B-3333-0 Page 1 of 1 © 2002, The Hartford POWER OF ATTORNEY Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-6835 '-KNOW ALL PERSONS BY THESE PRESENTS THAT: A~lenc~/Code: 35-351225 [ X J Ha,'d, oid Fire Insurance Company, a corporation duly organJzed under the laws of the State of Connecticut -- ~--] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ~-~ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Counecficut J--~ Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~'-~ Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Intha~a ~-~l Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois ~----] Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana -- ~ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: D. A. Va/enti, Robert Trobec, Kathleen M. Irelan, lan J. Donald of Troy, MI their true and lawfut Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as --felineated above by [5~], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the tatare thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. David T. Akers, Assistant Vice President Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT - } ss. Hartford :OUNTY OF HARTFORD On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and s_ay: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the )rporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the aid instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed ms name thereto by like authority. Sco~t E Pas~ka Nota~. Public CERTIFICAIE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct ,-upy of the Power of Attomey executed by said Companies, which is still in full force effective as of DelE' ~ ~ 2004 Signed and sealed at the City of Hartford. e®®eeeee Yves Cant/n, Assistant Vice President POA 2003 Valenti Trobec Chandler Inc. 6054 Livernois Troy, MI 48098 USA City of Coppell Dir of Engineering/Public Works Attn: Ken Griffin, P.E. P.O. Box 9478 Coppell, TX 75019 USA This doc%nment was brought to you by Valenti Trobec Chandler Inc. via CertificatesNow. If you have questions regarding the content of this document, please contact the Producer/Agent listed on the certificate of insurance at 248-828-3377 or the Named Insured listed on the form. TO find out how you can send and receive all of your certificates of insurance either by email, high speed fax or standard mail, call ConfirmNet toll-free at 877.669.8600, email customercare%confirmnet.com, or visit our website at www.confirmnet.com cc: The data included in this notice and in the attached document is confidential to ConfirmNet and the party responsible for bringing you this information. Powered BYCertificatesNowr~ ACORD CERTIFICATE OF LIABILITY INSURANCE ._ 12/28/04 PRODUCER 1-248-828-3377 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION valentl Trobec Chandler Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6054 Livernoie ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~roy, MI 48098 INSURERS AFFORDING COVERAGE Delano Valenti P.O. Box 270040 INSURERC:Travelers Property & Casualty CO of America COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE ! POLICY EXPIRATION B AUTOMOBILE LIABILITY TAP9307347 11/01/04 11/01/05 COMBINED SINGLE LIMIT $ 1,000,000 X Blanket AI End't X Waiver of Subrogation (Peraccident) $ A EXCESS LIABILITY 320 56 21 11/01/04 11/01/05 EACHOCCURRENCE $10,000,000 __XJ OCCUR ]~ CLAIMS MADE AGGREGATE $ 10, 000,000 $ RETENTION $ $ B WORKERSCOMPENSATIONAND ~C9307349 11/01/04 11/01/05 X JTORYL~MITSl ] ER i C Leased/Rented Equipment QT-660-945X2322 11/01/04 11/01/05 Limit $ 250,000 Deduc tible $ 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Sandy Lake Road (from Kimbel Kourt to east of City Limits) Project - No. ST 93-01 CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Coppell Dir of Engineering/Public Works Attn: Ken Griffin, P.E. P.O. BOX 9478 Coppe11, TX 75019 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W]LL ENDEAVOR TO MAIL 50 DAYS WRITTEN NOTICE TO THE CERTIFtCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE iNSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ ~1~ ACORD 25-S (7/97) mtaylor ~ ACORD CORPORATION 1988 2353248 Powered BYcertificatesNowm IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7~97) SECTION 3 STANDARD SPECIFICATIONS SUPPI~EMENT.4RY CONDITIONS T Iq £ C I T Y 0 F COPP-ELL CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD GENERAL PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS, LATEST ADDITION, PREPARED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. PART I: GENERAL PROVISIONS - DIVISION I PROPOSAl, REQUIREMENTS ITEM 1.0 - DEFINITIONS SC-I.0 Engineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner: The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Calendar Day: Add the following sentence to the end of the working days definitions: "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. Ail overtime incun-cd by the City for inspection services and any overtime incurred by the testing laboratory shall be paid by the Contractor. lfnot paid, such cost may be deducted from part a payments" Ali other temps used m these Supplementary Conditions which are defined in the General Provisions shaI1 have the same meanings used in the GeneraI Provisions. ITEM 1.15 - SURETY BONDS SC-1.15 Add following sentence to Item 1.15 (A): 3-2 Stand(~rd Specifications Supplementary Conditions "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." 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 atte~ded 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. I 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. l: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsm-face 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. 3-3 Standard Specifications Supplementary (7ondihons Where existing utilities or service lines arc cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same ty~e of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move thc prope|ly 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.l Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent pemfitted by Laws and Regulations, indenmi£y 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, atlomeys and other professionals and court and arbitration costs) arising directly, indirectly or consequenlially 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 performauce of work by any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover dan~ages from OWNER, ENG1NEER 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 Standard oCflecifications Supplernentar)~ Condition~ thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance causcd 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 sitc, 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 fights 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 thc words "one year" to "two years". ITEM 1.32 - WORKING AREA; COORDINATION WIIH 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 x,~.~:,.~ .^_+.~ ~.~. ~.~ u ........ m ...... d on .... c ........ m- ~ ....... Monumentation has been provided for establishing vertical and horizontal control. The Contractor shall be responsible for Standard Specifications Suppleme~tary Condttions establishing ail lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 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 ltem 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 thc 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 folloxving sentcnce to the cnd 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 Sl~ecificattons Supplementar3' Condt'tions 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 represcnted by ownership of stock in a corporation involved, providcd 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 thc 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 arc 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 tine finished product. For example, equipment rentals, form materials, etc. arc 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 Iht project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a 3~7 Standard St)ecifications Supplementat'y Conditions breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project." PART Il: MATERIALS - DIVISION 2 MATERIALS IlEM 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 pcrcent 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 otherxvise specified in the Plans. Water jetting may be used only with specific written pein'fission 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 STOILM SEWERS: (a) General: Amend the first sentence, by striking thc 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. PART Ill CONSTRUCTION METHODS DIVISION 3 - SITE PREPARATION ITEM 3.1.2 - CONSTRUCTION METHODS: Standard SpecO'cations Supplementary Conditions 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 xvith the tbllowing: "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 111 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 pcrpendiculm-ly 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". (2) Contraction Joints. Delete the first sentence of thc first paragraph and insert the following: "Contraction or dummy joints shall be sawed to T/4 roches 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." Standard S, oec~fications Supplementar~l~ Conditions (h) Finishing. (1) Machine. Add the fbllowing paragraph at thc 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 II1 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, unlcss othcm'ise specified in the Plans or directed by the Engineer." 3 ]0 Standard St~ecifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E C I T Y 0 F' COPPELL SPECIFIC PROJECT REQUIREMENTS The construction specifications, which apply to this project, are the Standard Specifications for Public Works Construction - North Central Texas Third Edition prepared through the North Central Texas Council of Governments (NCTCOG). The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings and these Specifications, then the City of Coppell Standard Construction Details (Ord.#92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell SubdMsion Ordinance (Ord.#94-643) 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. A.S.T.M. A.A.S.H.T.O. A.C.I. A.W.S. A.W.W.A. S.S.P.C. NE.M.A. W.P.C.F. TX.DOT S.S.P.W.C.N.C.T. TCEQ TMUTCD OSHA TAS ADA American Standards Association American Society of Testing Materials American Association of State Highway & Transportation Officials American Concrete Institute American Welding Society American Water Works Association Steel Structures Painting Council, Federal Specifications Treasury Department Underwriters Laboratories National Elcctrical Manufacturers Association Water Pollution Control Federation Texas Department of Transportation Standard Specifications for Public kVorks Construction North Central Texas Texas Commission on Environmental Quality Texas Manual on Un/form Traffic Control Devices Occupational Safety and Health Administration Texas Accessibility Standards Americans with Disabilities Act 4-2 Specific Projec! Requirements 1.! 1.2 1.3 1.4 1.5 1.6 1.7 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 9478, Coppell, Texas 75019. 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. CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be perforu~ed in accordance with thc Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the City of Coppell Standard Construction Details (Ord.#92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord.#94-643) shall apply. SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right-of-way or easements. Entrance onto private property shall be at the expressed approval of the ENGlNEER only. PROJECT DESCRIPTION: This work shall consist of the reconstruction of Sandy Lake Road from Kimbel Kourt to the east city limit line, which is a distance of approximately 4,250 feet. The road currently exists as a 2-1mm asphalt roadway and will be constructed as a four-lane concrete divided boulevard. Because of the need to elevate the roadway adjacent to the floodplain, a substantial amount of fill will be necessary. Also, the contractor will be required to maintain traffic throughout the construction area al all times. A detailed traffic control plan has been provided with the construction plans. It will also be necessary to maintain access to the adjacent properties at all times. The work shall include the construction of drainage systems, including pipes, culverts and inlets, and a sidewalk along the south side of the roadway. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Sandy Lake Road Project # ST 93-01. CALENDAR DAY COUNT: Calendar days shaI1 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 corupleted portions or "substantial completion" of any of the project. SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations 4-3 Specific Project Requirements 1.8 1.9 1.10 IAI 1.12 and order of any public authority having 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. SOIL INVESTIGATION: A geotechnica[ investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for lavout and staking of all grades and lines for construction. The Contractor shall preserve all st~kes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of 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 cstablished points and marks. No separate payment shall be made to the Contraclor for construction staking which shall be considered i~rcidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 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. 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 reinspcctions. 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. Passing tests on any portion of the work does not relieve the contractor of his responsibility under the terms of this contract for the entire project. Contractor shall replace any deficient construction items at his own expense. 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 lbr all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 4-4 Specific Projec! Requirements 1.13 1.14 1.15 PRESERVATION OF TREES: Permission of the Engineer ~ust 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 damagc is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 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 thc type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at ail times during construction. 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 properly are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under the pay item entitled "Furnish, Install and Maintain All Traffic Control Devices Necessary For Safe Traffic Handling". 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 Iaw. 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 pm. 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 fhiled 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 tire protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons arrd property, and shall be reimbursed by the Contractor for any expense incurrod in ordering such additional precautionary measures. 4-5 Specific ProJect Requtrements In addition, the Contractor will be held responsible for ali 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. Ali of this work is considered incidental to the pay item entitled "Furnish, Install and Maintain All Traffic Control Devices Necessary for Safe Traffic Handling". 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: 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. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and ail 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. 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. 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 speci fications during the life of the contract. 1.19 CLEANUP: Du~ Constructinn_. The contractor shall at all tiines 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. 4-6 Specific Project Requirements 1.20 1.21 1.22 1.23 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. INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shalI 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. WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all watcr required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, orjetting. The Contractor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulting from the use of mfcnor 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 1.! 1.2 1.3 1.4 1.5 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES GENERAL: Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications, SHOP DRA~'INGS: 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. 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 infommtion as required to obtain approval of the items involved. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. PRODUCT DATA: Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show perfomaance characteristics and capacities. 3. Show dimensions and clearances required. Manufacturers standard schematic drawing sand diagrams: 1. Modify drawings and diagrams to delete infom~ation which is not applicable to the work. 2. Supplement standard information to provide infom~ation specifically applicable to the work. SAMPLES: Provide samples as indicated in other parts of these specifications. CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. Specific Project Requirements 4. Conformance xvith specifications. 1.6 Coordinate each submittal with requirements of the work and of the Contract Documents. Begin no work which requires submittals until return of submittals with Engineer's review. Keep one (1) approved copy of shop drawings or product data at job site at all times. SUBMISSION REQUIREMENTS: Make submittals promptly and in such sequence as to cause no delay in the work or in Ire work of any other contractor. 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. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project tide. 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 subnfittal, 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 ora register engineer on all structural submittals. Specific Project Requirements 1.7 1.8 D. REVIEW: Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 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. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. RESUBMISSION REQUIREMENTS: Make any corrections or changes in tile submittals required by the Engineer and resubmit until accepted. 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. ENGINEER'S RESPONSIBILITIES: Review submittals with reasonable promptness. Affix stamp and initials or signature, and indicate requirements for resubmittal, or acceptance of submittal. Return submittals to Contractor for distribution, or for resubmission. 4 ]0 Specific Prod'eot Requirements SECTION 5 DESCRIPTION OF PAY ITEMS T H E C I T Y 0 F COI:'?ELL SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes corrLments 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 thc project, but not specifically included as a pay item in the Proposal, shalI be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, with the exception of the new sign paid under various Bid Items, (b) removal of spoils, (c) water for construction, (d) surveying to re-establish grade, 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. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Third Edition, unless modified by these special provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction - North Central Texas Third Edition, as prepared by the North Central Texas Council of Governments, the City of Coppell Standard Construction Details (Ord. #92-554), and Appendix 'C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. This project is authorized by the United States Corps of Engineers under nationwide permit 14 for linear transportation. All work in and around the confluence of a drainage channel with Denton Creek located at Station _+42+70 must be in compliance with the specifications and conditions of the permit. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation of the Clean Water Act. A copy of the permit is found in Section 6. Pay Item #1 Prepare Right of ~Vay This pay item shall consist of the preparation of the existing right-of-way for construction as required by the plans and specifications. It will include the area between the right-of-way limits, additional areas beyond the right-of-way such as temporary construction, slope, and drainage easements, and any other easements shown on the plans. Work shall be in accordance with NCTCOG Item 3.1 and shall include, but not be limited to: all obstructions above ground or below such as trees, shrubs, stumps, brush, roots, vegetation, logs, trash concrete, asphalt, fences, structures, foundations, lumber, scrap metal, abandoned appliances, abandoned utility pipes or 5 2 Description of Pay Items conduits and any other items not included as pay items elsewhere in the contract documents, or identified in NCTCOG Section 3.1.1, but necessary for the preparation of the rights-of-way and/or permanent or temporary easements for construction. This item shall also include the protection of any trees, shrubs, fences, structures, signs or other items that are to be preserved and/or relocated as shown on the plans. All trees designated to be preserved shall be protected by fencing to the limits of the canopy and no parking, driving or moving of equipment in this area will be pcm~itted. If pruning of protected trees is required, they shall be trimmed as directed by the Engineer and any cuts of two inches or more in diameter shall be treated as directed by the Engineer. All material and debris removed as described above shall become the property of the Contractor and shall be disposed of at contractor's expense in a manner satisfactory to the Engineer and other items identified in NCTCOG Section 3.1.1. All items relocated or replaced shall be in a condition equal to or better than the original condition. The Contractor shall videotape and/or photograph the existing right-of-way prior to construction. Payment shall be made on the basis of the price bid per station (STA). This item shall be measured along the centerline by the '100' foot station basis regardless of the width of the right- of-way or easement. Monthly payment shall not exceed 10% oftotaI amount requested. Payment shah be total compensation for providing all materials, tools, equipment, labor, and any other incidentals necessary to complete thc work. If this pay item exceeds 10% of the total project cost, exclusive of this pay item, then any amount over the 10% will not be paid until the final pa~ncnt. Pay Item #2 Remove and Dispose of Asphalt Pavement This pay item shall consist of the saw cut, removal, and disposal of the existing asphalt pavement to the limits as shown in the plans. Refer to Item #2 in the "Summary of Estimated Quantities" in the plans. Work shall be in accordance with NCTCOG Item 3.1. The roadway improvements shall be constructed in phases and the removal of the asphalt pavement shall be sequenced as necessary to maintain traffic during construction. Where only a portion of the asphalt is to be removed, the asphalt shall be saw cut full depth to avoid damage to that portion of the asphalt to remain in place. Contractor shaI1, at his expense, replace any pavement that he damages or removes that is required for the maintenance of traffic. The Contractor and the Owner's representative shall measure the asphalt pavement prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. This item does not include the removal of any asphalt constructed for detours. It only includes removal of existing asphalt prior to construction beginning. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #3, 4, and 5 Concrete Removal This pay item shall consist of the saw cut, removal, and disposal of concrete sidewalks, driveways, pavement, and riprap as designated and to thc limits as shown in the plans. The removal and disposal of the concrete median at Riverchase and Riverview Drives is subsidiary to this pay item. Work shall be in accordance with NCTCOG Item 3.1. Where only a portion of the 5 3 Description of Pay Items existing concrete is to be removed, the concrete shall be saw cut full depth and removed to the saw lines as shown in the plans. RemovaI of the concrete shall be accomplished leaving a clean vertical side. Damaged vertical sides shall be resawcd, removed, and replaced at the Contractor's expense. The limit of pay shall only be to the original saw line. The Contractor and the Owner's representative shall measure the concrete items prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and sball be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #6 Excavation (Roadway and Channel) This pay item shall consist of the roadway and channel excavation of existing material in the areas shown on the plans and to the liues, grades and typical sections as specified. Excavation shall include all materials encountered regardless of their nature or of tbe mmmer in which they are removed. Work shall be in accordance with NCTCOG Items 3.3 and 3.5. This is a "plans quantil3," measurement Item and the quantity to be paid for will only be that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans. Pasment shall be made on the basis of the price bid per cubic yard (CY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay~ Item #7 Borrow & Embankment /~,~,~ /",_ ~. . --~ ~.~ ..... , .~. ~- , ~,- ~>~- . ~,~z:, ?.~., T ~ s pay item sha 1 consist of the furn shrug, placement, and compaction of all suitable fill material to the established grade and to the shape of the cross-section as shown in thc plans. Fill material shall be Owner approved borrow and site-excavated material (not all site excavated material may be suitable for embankment). Work shall be in accordance with NCTCOG Items 3.7. Each layer of compacted fill shall be uniform as to material, density, and moisture content before beginning compaction. The fill shall be compacted in lifts of loose depth not exceeding 8" and 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. This is a "plans quantity" measurement Item and the quantity to be paid for will be that quantity shown in the proposal and on the "Summmx of Estimated Quantities" in the plans. Payment shall be made on the basis of the price bid per cubic yard (CY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #8 Furnishing and Placing Topsoil (4") This pay item shall consist of the furnishing and placing of a 4" minimum layer of topsoil on all disturbed areas within the project limits, not covered by pavement. This includes behind the back of curb and tbe median areas. Work shall be in compliance witb NCTCOG Item 3.8 and the topsoil shall consist of a friable, dark clayey loam material free of lumps, stones, and other 5 4 Description of Pay Items extraneous material. Contractor shall, at his expense, furnish and place topsoil on all areas that are disturbed outside of the construction limits. This is a "plans quanti~"' measurement Item and the quantity to be paid for will be that quantity sbown in the proposal and on the "Summary of Estimated Quantities" in the plans. Payment shaI1 be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #9 Seeding for Erosion Control (Cellulose F.M.) This pay item shall consist of the furnishing and placement of cellulose fiber mulch seeding on all disturbed areas within the project limits, not covered by pavement. Work shall be in compliance with NCTCOG Item 3.10. Contractor shall be required to water, establish growth, and protect and repair any damaged areas. Contractor shall, at his expense, furnish and place cellulose fiber mulch seeding on all areas that are disturbed outside of the project limits. If the cellulose fiber mulch 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 the seeding to be accepted, sprigs of seeds must be unifonnly appearing over the entire area of application within 30 days of application. At that time, 50% of the bid item can be paid. In addition to this requirement for acceptance, at thc time of final acceptance of the project, uniform grass coverage over ail areas seeded must be evident; there must be 100% grass coverage at the time of final acceptance. This is a "plans qnantit¥" measurement Item and the quantity to be paid for will be that quantity shown in the proposal and in the "Sunm~ary of Estimated Quantities" in the plans. Payment shall bc made on the basis of price bid per square yard (SY) and shalI be total compensation for fitrnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #10, 13, and 16 HMAC Driveway Transition This pay item shall consist of the construction of four HMAC transitions in the locations as shown on Shects 17 and 18 in the plans. The transition will connect the new concrete driveway to the existing gravel drive and shall be 2" thick HMAC surface course, Type "D", on a 4" thick flexible base. The flexible base shall be Type "A", Grade 2 in accordance with TxDOT Specifications Item 247. This item includes compaction of the subgrade under the transition and the concrete street header constructed on thc new concrete driveway. The concrete street header shall be constructed in accordance with the City of Coppell Standard Construct Details (SD2) and the concrete shall be Class "A" having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. Work shall be in compliance with the NCTCOG Items 4.5, 5.7, and 5.8. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-5 Description of Pay Items Pay ltem #11 Lime Treated Subgrade (8") This pay item shall consist of treating the top 8" and the full width of subgrade by pulverization, addition of 42#/SY of lime, mixing and compacting, and rcmixing and recompacting the top 6" of the mixed material to the required density. Full width shall be that distance from 1' behind the back of curb on each side of roadway to 1' behind the median where medians are proposed. Subgrade shall be constructed to the lines and grades as required by the plans and specifications. Work shall be in compliance with NCTCOG Item 4.6. Measurement and Pa3q~nent shall be made on the basis of price bid per square (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #12 Lime Slurry (Type "A") at 42#/SY This pay item shall consist of the hydrated lime required for the lime treatment of the top 8" and the full width of subgrade. Full width shall be that distance from 1' behind the back of curb on each side of roadway to 1' behind the median where medians are proposed. The lime shall be placed in a slurry form at the minimum rate of 42 pounds per square yard. Work shall be in compliance with NCTCOG Items 2.5 and 4.6. Measurement and Payment shall be made on the basis of price bid per ton (TON) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #14 and 15 Concrete Pavement with 6" Monolithic Curb (8" Reinf.) This pay item shall consist of the furnishing and placing of 8" reinforced concrete pavement at thc locations and grades shown on the plans. Item 14 is subsidiary to the installation of the concrete pavement as noted in Pay Items 1-15 and 1-63. All concrete for construction shall be Class "A" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. In addition to the reinforcement shown in the City of Coppell Standard Construction Details, the 6" monolithic curb shall have a//4 bar in the curb parallel to the paving. No fly ash shall be permitted. The cost for furuishing and placing reinforcement is subsidiary to the price bid per linear foot. All concrete, except for City approved "leave-outs", shall be placed with a self-propelled paving machine capable of spreading, densifying, and shaping thc concrete mix to the required lines and grades as shown on the approved plans. Work shall be in compliance with NCTCOG Items 2.2 and 5.8. Measnrement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #21 Trench Safety Protection This pay item shall consist of the trench safety system required for construction activities. The Contractor shall furnish a site-specific trench safety plan prior to construction. The system shall meet the requirements of the Occupational Safety and Health Administration (OSHA). The 5-6 Description of Pay Items Contractor is directed to become knowledgeable with the standards as set forth by OSHA and to provide a viable trench safety system at all times during construction activities, and the Contractor is responsible for conforming to such regulations as prescribed by OSHA standards. This pay item includes all additional excavation, backfill, pavement reconstruction and repair made necessary by the protection system. No separate payment shall be made for excavation protection made necessary' due to the selection of an optional design or sequence of work that creates the need for the protection system. The trench safety plan shall be signed and sealed by a Texas Registered Professional Enginecr. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #22 Temporary Special Shoring This pay item shall consist of furnishing and constructing temporary shoring necessary to construct Phase I improvements while maintaining traffic on the existing roadway. The Contractor shall submit to the Owner, details and design calculations for the temporary special shoring bearing the seal of a Texas Registered Professional Engineer for review and approval. The engineer or designer of record shall provide an inspection of the shoring and a letter to the city stating that the shoring has been constructed in accordance with the construction documents and all applicable OSHA safety standards. In addition, the engineer or designer of record should monitor the shoring on an ongoing basis as construction proceeds in order to assure the city that the shoring is not deteriorating as construction is proceeding. The temporary shoring shall be constructed in the location and to the lines and grades shown in the approved design. Only a portion of the temporary shoring will be removed during construction of Phasc I1 improvements. Work shall be in compliance with TxDOT Specification Item 403. Thc quantity shown in the proposal and on lhe "Summary of Estimated Quantities" in the plans is based on the traffic control plan as shown on Sheet 5A Sheet 11 of the plans. If the Contractor selects to submit and use an alternate traffic control plan, there shall be no separate pa.anent made for any additional special shoring or the removal of said shoring or portions thereof. This is a "plans quantity" measurement Item and the quantity to be paid for will be that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans. Payment shall bc made on thc basis of price bid per square foot (SF) of surface area of a vertical plane between the top of the shoring and the minimum protection grade line as specified in the approved design. This price shall be full compensation for furnishing and placing all temporary shoring materials; for design of the shoring; for all necessary excavation; for the removal of the shoring or portions thereof; and for all labor, tools, equipment and incidentals necessary to complete the work. Pay Item #23 Modular Block Retaining Wall This pay item shall consist of the construction of a modular block retaining wails to the lines, limits and grades as shown in the plans. The Contractor shall be responsible for the design of the modular block retaining walls and shall submit to the Owner details and design calculations bearing the seal ora Texas Registered Professional Engineer for revicw and approval. The type, 5- 7 Description of Pay Items color, and/or special finish of the block shall be approved by the Owner prior to installation. The measured area shall be from one (1) foot below finished grade to top of wall, including any coping required. Measurement and Payment shall be made on the basis of price bid per square foot (SF) and shall be total compensation for furnishing ail materials, tools, equipment, labor, and any other incidentals necessary to construct a complete retaining wall. Retaining wall backfill areas, which are also in etnbankment areas, will be measured and paid for as specified in Pay Item #6 'Borrow & Embankment', of the compaction method specified. Such backfill material shall meet the requirements of thc retaining wall type used and as recommended by the concrete/modular block nl anu facturer. Pay Items #18 and 24 Riprap This pay item shall consist of the installation of concrete riprap in the location and to the grades as shown in the plans. Pay Item #18 refers to excavation required for shaping of the slopes of header banks which were built by prior contract and is subsidiary to Pay Item #24. Excavation of toe wall trenches, and excavation below natural ground or bottom of excavated channel are also subsidiary to this pay item. Concrete in the toe walls will be measured as riprap. Concrete shall have a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3000 psi at 28 days.. Concrete riprap shall be reinforced using bar reinforcement. The spacing of bar reinforcement shall not exceed 18 inches in each direction and the distance from the edge of concrete to the first parallel bar shall not exceed six (6) inches. Bar reinforcement shall be supported properly throughout the placement to maintain its position approximately equidistant from the top and bottom surface of thc slab. If the slopes and bottom of the trench for toc walls are dry and not consolidated properly, the Owner may require the entire area to be sprinkled, or sprinkled and consolidated before the concrete is placed. All surfaces shall bc moist when concrete is placed. After the concrete has been placed, compacted m~d shaped to conform to the dimensions shown on the plans, and after it has set sufficiently to avoid slumping, thc surface shall be finished with a wooden float to secure a reasonably smooth surlXace or broom finished as approved by the Owner. Measurement and Payment shall be made on thc basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete thc work. Embm~cment for shaping of slopes ,,,,'ill be measured and paid for as specified in Pay Item 6 Borrow & Embankment. Pay Items # 17, 20 and 25 Precast Concrete Box Culvert, 10' x 8' This pay item shall consist of the installation of a cast-in place four-barrel 10' x 8' concrete box culvert in accordance with TxDOT Standard MC-10-23, and in the location and to the grades as shown in the plans~ Refer to Items #17, 20, and 25 in the "Summary of Estimated Quantities" in the plans. Items #I 7 and 20 are subsidiary to the installation of the box culvert. All concrete for construct/on shall be Class 'A' concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. Thc cost for furnishing and placing reinforcement is subsidiary to the price bid per linear foot. No 5 8 Description of Pay Items direct payment shall be made for backfilling around the box culvert. Since there is no TxDOT precast box culvert standard for fill depths above 12 foot, the contractor shall have the option of submitting a precast alternate that is cerlified by the precast manufacturer in its design and application for this project. Work shall be in compliance with NCTCOG Item 4.7, 7.1 and 7.4, and all applicablc TxDOT Specifications and Drawings. Attention must be paid to the specifications and conditions of nationwide permit 14. Measurement and Pa~vmcnt shall be on the basis of price bid per linear foot (LF) along the centerline of the four-barrel 10' x 8' box culvert and shall be total compensation for Pay Items # 17, 20 and 25 and for furnishing, hauling and mixing ali concrete materials; for furnishing and placing the required reinforcement; for placing, finishing and curing all concrete; for all grouting and pointing; for furnishing and placing expansion-joint material required; for connections to existing structures, dewatering, and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. Pay Item # 26 PVC Storm Drain Pipe This pay item shall consist of thc installation and connection of 4" PVC pipe to the existing PVC pipe in the location as shown in the plans. Excavation, bedding and backfill are subsidiary to this pay item. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #19, 27, 28, 29, 30, 31, 32, 33, and 34 RCP Class III This pay item shall consist of the installation of Class III reinforced concrete pipe storm drain at the locations and to the grades shown on the plans (sizes 18", 21", 24", 27", 30", 33", 36", and 48"). Pay Item #19 is subsidiary to Pay Items #27-34. Omniflex joint material shall be used for ail joints. All fittings and bends shall be prefabricated. Work shall be in accordance with NCTCOG Items 2.1, 2.12 and 6.2. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for ftu-nisbing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. Pay Items #35, 36, and 37 Curb Inlet This pay item shall consist of the constrnction of recessed curb inlets at the locations and grades shown in the plans (sizes 6', 8' and 10'). All concrete for construction shall be Class "A" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall bc in compliance with Sheet 26A of the plans, the City of Coppell Standard Construction Details (SD10). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-9 Description of Pay hems Pay Item #38 2'x4' Grate Inlet This pay item shah consist of the construction of a grate inlet at the location and to the grade as shown in thc plans. All concrete for construction shall be Class "A" concrete having a minimum of 6 sacks of cement pcr cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. Work shall be in compliance with the City of Coppell Standard Construction Details (SD12). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary' to complete the work. Pay Item #39 'Y~ Inlet 4'x4' This pay item shall consist of the construction of a 'Y' inlet at the location and to the grades as shown in the plans. All concrete for construction shall be Class "A" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. Work shall be in compliance with the City of Coppell Standard Construction Details (SD14). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #40 and 41 Type 'A' Storm Sewer Manhole This pay item shall consist of the construction of Type "A" storm sewer manholes at the locations and to the ~n-ades shown in the plans (sizes 21"and 24"). All concrete for construction shall be Class "A" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. The cost for fm'nishing and placing reinforcement is subsidiary' to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Details (SD9). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipmcnt, labor, and any other incidentals necessary to complete the work. Pay Items #42 and 43 Type 'B' Storm Sewer Manhole This pay item shall consist of the construction of Type "B" storm sewer manholes at the locations and to the grades shown in the plans (sizes 48"and 36"). All concrete for construction shall be Class 'A' concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Details (SD9). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing ail materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-10 Description of Pay Items Pay Items #44, 45, 46, 47, 48, 49, and 50 Headwall Type 'C' This pa), item shall consist of the installation of Type C headwalls in the locations and grades as shown in the plans (sizes I8", 2l", 24", 30", 33", 36", 48"). All concrete for construction shall be Class 'A' concrete having a minimum of 5 sacks of ce~nent per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Details (SD14). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #51 Slotted Drain, Type 'A' (21") This pay item shall consist of the furnishing, l~abrication, and installation of 17 linear feet of 21"slotted drain and slotted drain outfalI in the location and to the lines and grades as shown on the plans. Work shall be in compliance with TxDOT Specifications Item 474 and applicable NCTCOG Specifications. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #52 Remove Existing Structures (Pipe <18") This pay item shall consist of the removal and disposal of existing storm drain pipe less than 18" in dimneter in the locations as shown in the plans. Work shall be in accordance with NCTCOG Item 3.1. The Contractor and the Owner's representative shall measure the exisling storm drain pipe prior to removal. The Contractor shall not stockpile removed material on the .job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #53 Remove Existing Structures (Pipe >18") This pay item shall consist of the removal and disposal of existing storm drain pipe 18" and above in diameter m the locations as shown in the plans. Work shall be in accordance with NCTCOG Item 3.1. The Contractor and the Owner's representativc shall measure the existing storm drain pipe prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5- l l Description of Pay Items Pay Item #54 and 55 Remove Old Drainage Structure 10'x 8' Box & '~Vingwalls This pay item shall consist of the removal and disposal of the existing 4-barrel 10' x 8' box culvert and wingwalls located at Station +42+70. Pay Item #55 is subsidiary to Pay Item #54. The removal of the box culvert will be in phases. Attention must be paid to the specifications and conditions of nationwide permit 14. The Contractor and the Owner's representative shall measure the existing box culvert prior to removal. The Contractor shall not stockpile removal material on the job site~ unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) along the centerline and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #56 Mailbox Assemblies This pay item shall consist of the permanent relocation of two (2) existing mailboxes in the locations as shown in the plans. This pay item shall include any temporary relocation of mailbox assemblies and providing portable mailbox stands as required. The Contractor shall videotape and/or photograph each mailbox prior to starting construction. Each mailbox relocated shall match the existing mailbox condition to the extent possible. The Contractor may need to demolish the existing mailboxes and replace them with new mailboxes as directed by the Owner's representative. Measurement and Pasqnent shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #57 Mobilization & Demobilization This pay item shall consist of mobilization and demobilization for the construction of the project. The project shall be constructed in phases as shown in the plans. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Mobilization shall be defined as all necessary equipment, supplies, materials and personnel on the job site rcady to begin construction. Note: The total amount bid for Mobilization & Demobilization shall not exceed five percent (5%) of the total contract amount, exclusive of this pay item (adjusted contract amount). Measurement and Payment shall be as Follows: Ten percent (10%) of the amount bid shall be paid with the first pay estimate. On all subsequent pay estimates, measurement and payment shall be prorated on the basis of the value of the adjusted contract amount completed, plus the initial 10%. Prorated payment shall be as follows: When 1% of the adjusted contract amount has been earned. 50% of lump sum bid for mobilization, less retainage, will be paid. When 5% of the adjusted contract amount has been earned, 75% of the lump sum bid for mobilization, less retainage, will be paid. When 10% of the adjusted contract amount has been earned, 90% of the lump sum bid for mobilization, less retainage, will be paid. Payment for the remaining 10% of lhe lump sum bid for mobilization, less retamage, wilI be paid on the next monthly estimate following the 90% payment. P%~nent shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the xvork. 5-12 Description of Pay Items Pay Item #58 Barricades, Signs, and Traffic Handling This pay item shall consist of the placement of the required traffic control devices in accordance with the approved traffic control plan and TMUTCD. The contractor shall also be required to maintain a changeable message board at each end of the construction area, in working order, for the duration of the project. The Contractor shall have the option of following the traffic control plan as shown on Sheets 5A 11 of the plans or submitting an alternate traffic control plan, signed and sealed by a Texas Professional Engineer, for the project as a whole and for the various phases. Two-way traffic shall be maintained on the roadway at all times. The Contractor shall not proceed with the implementation of the alternate plan until notified by the Owner that the alternate plan has been approved. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for placing barricades and signs and for furnishing all other materials, tools, street markings, changeable message boards, flagmen, cquipment, labor, and any other incidentals necessary to implement the traffic control plan and maintain two-way traffic during construction of the project. Payment for this item shall begin on the first payable monthly construction estimate after barricades, signs and traffic handling devices have been installed in accordance with the traffic control plan. Monthly payment based on the calendar days bid shall be made each succeeding month for this item provided the barricades, signs and traffic handling devices have been installed and maintained in accordance with the traffic control plan until the contract amount bas been paid. Failure to complete the scheduled work in the bid time will no~t increase this pay item. Pay Item #59 Construct Detours This pay item shall consist of the construction of temporary detour pavement necessary to maintain two-way traffic at all times. An alternate construction sequence shall not increase the quantity. Thc detours shall be constructed at the locations and to the lines, grades and Lvpica] sections as shown on the plans or as directed by the Owner. The temporary pavement shall vary m width from 0' to 18' and shall consist of 4" HMAC over 6" flexiblc base as shown on Sheet 6 of the plans. (The flexible base shall be Type "A", Grade 2 in accordance with TxDOT Specification Item 247.) The minimum width of temporary lanes shall be 10 feet each direction, exclusive of divider barricades. This pay item also includes the crushed stone compacted to 95% maximum density located at the new box culvert. The Contractor shall maintain the existing asphalt roadway and th'e temporary detour pavement in a safe driving condition at all times during construction. The removal of the temporary paving shall be subsidiary to this pay item. Removal will not bc paid under Pay Item #2. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials required, including base and surfacing; all excavation and hauling of excavated material; all sprinkling and compacting; furnishing, installing and removing pipe; maintenance of detour; removal of detour where required, and all work, labor, tools, equipment and incidentals necessary to complete the work. All construction exits are subsidiary to construction detours and will not be paid for separately. 5-13 Description of Pay ltemx Pay Item #60 Portable Conc. Barrier (Furn. & Inst.) (Type 2) This pay item shall consist of the furnishing and insta}lation of the precast concrete barriers, providing hardware assemblies and making all connections. The precast barriers shall be placed in the locations as shown on thc plans. Work shall be in compliancc with TxDOT Specifications Item 512 and Drawing PCTB (1 & 2) - 02. The general condition of both the barrier sections and their connectors shall be acceptable to the Owner. The quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans is based on the traffic control plan as shown on Sheets 5A 11 of the plans. If the Contractor selects to submit and use an alternate traffic control plan, there shall be no separate payment made for the furnishing and installation of any additional precast concrete barriers over the plan quantity. This is a "plans quantity" measurement item and the quantity to be paid for will be that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans. Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing ail materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #61 Portable Conc. Barrier (Move & Reset) (Type 2) This pay item shall consist of disconnecting the barrier sections, moving the barrier sections on the project, repairing the roadway, resetting the barrier sections at the new locations and connecting the barrier sections. On-site barriers shall be used to meet traffic control plan requirements prior to furnishing additional barriers. The quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans is based on thc traffic control plan as shown on Sheets 5A 11 of the plans. If the Contractor selects to submit and use an alternate traffic control plan, therc shall be no separate p%wnent madc for removing and resetting of any additional precast concrete barriers. This is a "plans quantil>," measurement Item and the quantity to be paid for will be that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans. Payment shall be made on the basis of price bid per linear foot (LF) and shall be totaI compensation for fitmishing ali materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #62 Portable Cone. Barrier (Remove) (Type 2) This pay item shall consist of removing the barrier sections, including the hardware assemblies, from the roadway or structure and for repairing the roadway. The quantity to be paid for will be that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans is based on the traffic control plan as shown on Sheets 5A Sheet 11 of the plans. If the Contractor selects to submit and use an alternate traffic control plan, there shall be no separate payment made for the removal of any additional precast concrete barriers. This is a "plans quantity" measurement Item and the quantity to be paid for will be that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans. Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-14 Description of Pay Items Pay Item #63 6" Concrete Driveways / Pavement This pay item shall consist of the construction of concrete driveways as shown on the plans. The replacement of the concrete medians at Riverchase and Riverview Drives is subsidiary to this pay item. All concrete for construction shall be Class "A" concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. The cost for fizmishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance xvith NCTCOG Item 5.8. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #64 Barrier Free Ramps This pay item shall consist of the installation of 17 curb ra~nps of various types at the locations as shown in the plans. This itenr refers to ramps at street intersections. The detectable warning ramps at the driveways are paid under Bid Item #I 13. All curb ramp construction shall be in compliance xvith the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. This includes the correct slope, correct width, correct texture, correct color differentiation (i.e. staining of the finished ramp). Each ramp shall be verified by the City Inspector prior to final acceptance. Any ramp found to be in non-compliance shall be removed and brought to compliance at the Contractor's expense. Work shall be in compliance with Sheet 26A of the plans and all applicable NCTCOG Specifications. Measurement and Pa>Jnent shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #65 Remove Metal Beam Guard Fence This pay item shall consist of the removal of the metal beam guard fence located on the north and south side of the existing 4-barrel 10' x 8' box culvert. The Contractor shall not stockpile rcmoved material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposaI site. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) of fence in its original position, measurement being made along the face of the rail, from center to center of end posts or from terminal anchor sections. Payment shall be full compensation for removal and disposal of all materials, for furnishing and backfilling postholes, and for furnishing ali materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #66 Replace Chain Link Fence This pay item shall consist of the replacement of chain link fences and gates of all heights as shown on the plans. Removal and disposal of fences with adjoining gates will not be measured separately for payment, but will be incfuded under Pay Item # 1 "Prepare Right-of-Way". The Contractor shall videotape and/or photograph each existing fence and gates prior to starting construction. Each new 5 15 Description of Pay Items fence and gate shall match the existing fence and gate condition to the maximum extent possible. Work shall be in compliance with NCTCOG Items 2.8, 8.13 and 8.14. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) of new fence in-place and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete thc work. Pay Items #67, 68 and 87 2", Y' & 4" PVC Conduit (SCH. 40) This pay item shall consist of the furnishing and installation of 2", Y', and 4" PVC conduit for irrigation, streetlights, and traffic signals in the locations and to the depth as shown in the plans. Measurement and Pa3anent shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete thc work. Pay Items #69 and 70 Ground Boxes, Type 'A' & Type 'B' This pay item consist of the furnishing and installation of ground boxes of the type and size specified on Sheets 51, 5lA and 5lB of the plans. Any required concrete aprons are subsidiary to this pay item. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #71 Alum Signs Type 'A' This pay item shall consist of the furnishing of sign blanks; the fabrication of the sign blanks; for any treatment of sign blanks that might be required prior to application of the background materials; for application of the background materials and messages to sign blanks; for screening messages as shown on the plans; for furnishing all bolts, rivets, screws, fasteners, clamps, brackets and sign support connections; for assembling and erecting the sign; and for washing and cleaning the signs. Measurement and Payment shall be made on the basis of price bid per square foot (SF) of sign face and shall be total compensation for furnishing all materials, tools, equipment, labor, and any othcr incidentals necessary to complete the work. Pay Items #72 and 73 Small RDSD SGN ASSM Type 'A' and 'TL D-I' This pay item shall consist of the furnishing, fabrication, galvanizing and erection of supports; for constructing concrete foundations; for furnishing complete signs including sign connections and all hardware; for attaching the signs to thc supports; and fbr washing and cleaning the signs. Measurement and Payment shall be made on the basis of price bid pcr each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5 16 Description of Pay Items Pay Items #74, 75 and 76 Work Zone Pavement Markings (Removable) This pay item shall consist of the installation of standard markings or short term markings, guidemarks, xvords, shapes or s.vmbols, flexible-reflective roadway marker tabs, or any other unit as shown in the plans. This is a "plans quantit3"' measurement Item and the quantity to be paid for will be that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans. Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing ali materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Removal of pavement markings shall be paid for under Pay Item # 82 "Eliminating Existing Pavement Markings and Markers". Pay Items #77 and 78 Reflectorized Pavement Markings Type 'I' and Type 'II' This pay item shall consist of the installation of various words, symbols or shapes, or any other unit m the color, width and thickness as shown on thc plans. Type I markings are thermoplastic type materials that require heating to elevated temperatures for application. Type II markings are paint-type materials that are applied at ambient or slightly elevated temperatures. New portland- cement-concrete surfaces shall be cleaned to remove curing membrane, dirt, grease, loose and/or flaking existing construction markings and other forms of contamination. Pavement to which material is to be applied shall be completely dry. New portland-cement- concrete surfaces shall be fi~rther prepared for Type 1 markings, after cleaning, by placing a Type II marking as a sealer. Work shall be in compliance with the TxDOT Specifications Item 666. ]'his is a "plans quanti~'" measurement Item and the quantity to be paid for will bc that quantity shown in the proposal and on the "Summary of Estimated Quantities" in the plans. Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #79 and 80 Raised Pavement Markers P-7 W & P-15 W This pay item shall consist of the installation of 4" round, white acrylic button markers (non- reflective and single-reflective) in the location as shown in the plans. Pavement surface preparation for the raised pavement markers shall be subsidiary to this pay item. Work shall be in compliance with the Standard Drawings 2020 and 2025 found in Section 6 of the Specifications Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidcntals necessary to complete the xvork. Pay Item #81 4" Round White Acrylic Buttons - Double-Reflective This pay item shall consist of the placement of 4" round white acrylic traffic buttons in the locations as shown on the plans and in accordance with the Standard Drawings 2020 and 2025 found in Section 6 of the Specifications. 5 /7 Description ofl~ay Items Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be lotal compensation for furuishing all materials, fools, equipment, labor, and any other incidentals necessary to complete thc work. Pay Item #82 Eliminate Existing Pavement Markings & Markers This pay item shall consist of the elimination of words, shapes, symbols or any other unit as shown in the plans. No payment shall be made for the elimination of pavement markers when pavement markers are to be removed in conjunction with the elimination of longitudinal markings or pavement. This is a "plans quantit3"' measurement Item and the quantity to be paid for will be that quantity shown in the proposal and on the "Sumtnary of Estimated Quantities" in the plans. Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #83, 84, 85, & 86 Storm Water Pollution Prevention Plan This pay item is subject to the Texas Commission on Environmental Quality (TCEQ) requirements for construction projects. Under the Texas Pollution Discharge Elimination System general construction pe~znit (TXR 150000) an operator of a construction site that will disturb one (1) or more acres is required to obtain a permit for the discharge of storm water runoff. The contractor shall be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SWP3) and submit a Notice of intent to the TCEQ as part of the permit. Any rock filter dams, as noted in Pay Items 83, 84 and 85, or other type of erosion control are subsidiary to pay ilem #86. The SWP3 must describe and insure the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and insure compliance wilh the terms and conditions of the permit. A Texas Registered Professional Engineer must sign and seal the erosion control plan submitted as part of the SWP3. The erosion control plan on Sheet 52 of thc plans should not be considered as a final SWP3. If used by the contractor, then it also must bc signed and sealed by a Texas Registered Profession Engineer representing the contractor. The SWP3 shall be subject to approval by the Owner and must be retained on site during the tcrm of the construction. The Contractor shall submit a Notice of Termination upon completion of the project. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of thc SWP3. This includes any necessary revisions to the erosion control plan throughout the term of construction and thc installation, sequencing, and maintenance of structural control measures throughout the term of construction. Pa)anent shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work and pa3znent shall be prorated throughout the term of construction based on the calendar days. Pay Item #88 Furnishing and Placing Stamped Concrete This pay item shall consist of the installation of stamped concrete in the median noses and crosswalks in the locations as shown in the plans. Color shall be Red Clay - Bomanite Integral 5~18 Description of Pay Items Color with Bomanite Natural Gray Release (or an approved equal). Any gray stamped concrete shall be Gumnetal Gray - Bomanitc Integral Color with Cobblestone Gray Release (or an approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered after revicxv of specifications and a test section that demonstrates the ability to match color and pattern. Measurement and Pa.vment shall be made on the basis of price bid per square yard (SY) of stamped concrete of the thickness specified and shall be total cornpensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. The preparation of any test sections are considered subsidiary to this pay item. Pay Items#89 and 109 Street Light Foundation This pay item shall consist of the installation of 25 street light foundations in the locations as shown in the plans. The foundations shall be constructed in accordance with the Oncor detail found on Sheet 26A in the plans. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the xvork. Pay Item//90 Type III Barricade This pay item shall consist of furnishing and the installation of Type III barricades in the locations as shown in the plans. Barricade shall be mounted on posts cemented in the gTound a minimum of two feet. Measurement and Pa.vment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #91 Pot Hole for Utility Location 'I'his item shall govern For work associated with the verification of the location of certain existing underground utilities. Prior to the beginning of construction, the contractor shall excavate, expose and document the horizontal and vertical locations of certain existing undergn-ound utilities at locations selected by the owner in order to minimize delays caused by conflicting locations. The contractor shall provide proper notice to the owner of each utility so exposed so that they may have a representative present prior to the beginning of excavation. After the excavation is complete and proper documentation is complete, the site shall be returned to its original condition. Measure and Payment shall be on the basis of price bid per each (EA) location excavated and shall include all ma/er/als, tools, equipment, labor, traffic control and any other incidentals necessary to complete thc work as describcd. Any excavation containing two or more utilities within the same cxcaxation shall be paid as one pothole. Pay Item #92 Concrete Encasement for Utility Protection This pay item shall consist of tile concrete protection of existing water or sewer lines in the locations as shown in the plans. In locations where the proposed storm drain pipe crosses over 5-19 Description of Pa j, Items an existing utility and there is less than 2-foot of clearance, the existing utility shall be protected. All concrete for construction shall be Class "A" having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. Measurement and Payment shall be made on the basis of price bid per cubic yard (CY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #98, 99 and 110 Fire Hydrants This pay item shall consist of the installation of fire hydrant assemblies, 6" valves, and 6" PVC pipe including connections and testing of the fire hydrants. l'he fire hydrants at Stations 35+13, 50+85, 56+43 and 64+66 shalI be connected to the new 8" PVC stubouts. The fire hydrants at Stations 37+44, 42+20, and 64+25 shall be connected to cxisting fire hydrant water lines. All bends and fittings necessary to connect the fire hydrant assemblies to the various water lines are included in the cost of the fire hydrant assembly. The removal of the existing fire hydrants, noted in Pay Item #100, at Stations 37+44, 42+20, and 64+25 is subsidiary to this pay item. Removal includes all blocking and piping back to the existing fire hydrant valve. Fire hydrants salvaged in good condition shall be delivered to Water Tower #2 at Wagon Wheel Park. Access to the Water Tower is immediately east of the intersection of Royal Lane and Northpoint Drive. Fire hydrants damaged during removal shall be disposed of at the Contractor's expense. Existing fire hydrants shall remain in service until the activation of the new fire hydrants at or near the location. Measurement and Payment shalI be made on the basis of price bid per each (EA) and shall be total compensation for fm-nishing all materials, tools, equipment, labor, and any other incidentals necessaD, to complete the work. Pay Items #96, 97, 100, 101 and 102 8" PVC Water Line Stnbouts This pay item shall consist of the installation of one (1) 8" PVC stubout on the existing 16" water line and three (3) 8" PVC stubouts on the existing 12" water line. The stubouts are located at Stations 35+13, 50+85, 56+43, und 64+66. This work will include at a minimum: three (3) 12" x 8" tapping sleeve and 8" valve, one (1) 16" x 8" tapping sleeve, three (3) 8" valves, four (4) 8" plugs, and 295 linear fcct of 8" PVC pipe. During the installation of the 8" PVC water line, four (4) 8" M.J. x 6" flange "T" shall be installed at each fire hydrant location as shown on the plans. This pay item shall include all fittings, blocking, pipe, bends, valves, etc., necessary to complete the work. Measure~nent and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for furuishing all materials, tools, cquipment, labor, and any other incidentals necessary to complete the work. Pay Items #93 and 103 Disconnect and Reconnect Existing 2" Meter at Station 65+28 This pay item shall consist of disconnecting the existing 2" meter from the existing 3" water line and connecting to the 8" stubout located at Station 64+66. This work shall include, but is not 5-20 Description of Pay Items limited to, a corporation stop and valve and 61 linear feet of 2" Type K copper water line. The meter box shall be adjusted to grade. This pay item shall also consist of abandoning the existing 3' water line located from approximate Station 49+30 to Station 65+00. After the existing 2-inch meter located at Station 65+28 is connected to the proposed 8" line located at Station 64+66, the 3" water line shall be abandoned. The Contractor shall locate and expose the corporation stop on the 3" water line, cut and plug the 3" line, then turn the valve off on the existing 3" water line. All work shall be in compliance with the City of Coppell Standard Construction Details (SD18). Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for fi~rnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Items #94 and 95 2" Service Tap This pay item shall consist of the installation of a 2" service tap in the locations as shown in the plans. This work shall include, but is not limited to, a corporation stop and valve, 2" Type K copper water line, ball valve, and meter can. Work shall be in compliance xvith the City of Coppell Standard Construction Details (SD18). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, Iabor, and any other incidentals neccssary to complete the work. Pay Item #104 Furnish and Install City Entrance Sign This pay item shall consist of the furnishing and installation of a City Entrance Sign on the east end of the projcct. The sign shall be constructed in accordance with the details found in Section 6 of the Specifications. Includes conduit for lighting. Measurement and Payment shall be made on the basis of price bid lump sum (LS) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item # 105 Sidewalk (Class A Concrete) This pay item shall consist of the construction of a 4" thick and 6' wide concrete sidewalk along the south side of Sandy Lake Road and along both sides of Riverchase Drive in the locations as shown in the plans. All concrete for construction shall be Class "A" having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. The COSt for furnishing and placing reinforcement is subsidiary to the price bid per each. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in non-compliance shall be removed and brought to compliance at the Contractor's cxpensc. Work shall be in compliance with the City of Coppell Standard Construction Details (SD7). Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-21 Description of Pay hems Pay Items #106, 107 and 109 10" Sanitary Sewer This pay item shall consist of thc installation of a 10" sanitary sewer stubout at Station 56+22.30. This work shall include, but is not limited to, the installation of the 10" sewer linc at all depths, concrete cncasement, 10" plug, and one (1) manhole. The concrete encasement shall be Class "A' having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for fi~rnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #111 Adjust Existing Sanitary Sewer Manholes to Grade This pay item shall consist of adjusting existing sanitary sewer manholes, which are to remain in service, to grade. Measurement and Payment shall be made on the basis of price bid per each (EA) manhole rim adjusted to grade and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. Pay Item #112 Adjust Existing Water and Meter Valve Boxes to Grade This pay item shall consist of adjusting existing water and meter valve boxes, which are to remain in service, to grade. Any adjustment to residential or commercial meter valve boxes shall also include adjusting the meter to within 8" of the top of the box per City of Coppell Standard Construction Details (SD18). Measurement and Payment shall be made on the basis of price bid per each (EA) water and meter valve adjusted to grade and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the xvork. Pay Item #114 Remove Existing Structure and Brick Wall ,, This pay item shall consist of the removal of the brick retaining wall located on the north side of the existing roadway, from approximate Station 25+00 to Station 30+00. The Contractor shall not stockpile removal material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. Measurement and Payment shall be made on the basis of price bid per linear foot (LF) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidcntals necessary to complete thc work. Pay Item #115 Project Signs This pay item shall consist of the furnishing and installation of a project sign on each end of the project. The sign shall be constructed in accordance with the details found in Section 6 of the Specifications. Thc City will fi~rnish the City logo for the sign. 5-22 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessao' to complete the work. Pay Item #116 Project Trailer This pay item shall consist of the furnishing of a field office for the duration of the project. The office shall be located at a site convenient to the Sandy Lake Road right-of-way. The contractor shall negotiate with the property owners for thc site location. The contractor shall maintain at the field office at all times a complete set of plans, specifications, approved shop drawings, SWP3, NOI, and all other details pertaining to the work. Office shall be large enough to accommodate both the Contractor and the Owner's representative. The office shall have telephone, electrical, water, sanitary facilities, heating, cooling and furnishings. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for furnishing a field office and property leasing. 5 23 Description ofl'ay Items SECTION 6 TECHNICAL SPECIFICATIONS T H £ C I T Y 0 F COPPELL CITY OF COPPELL PROJECT SIGN --CONTRACTOR'S LOGO5 SANDY LAKE ROAD ST 93-01 CONTRACTOR: XXX XXXX XXXXX (ooo) ooo-oooo COMPLETION DATE: XXX 2OO6 CITY OF COPPELL PROJECT SIGN I 1/2~ ('- eLU[ ,, ~BLUE BACKGROUND NOTES: 1) LETTERING SHOULD BE BOLD TYPE 2) SIGN PANEL WILL BE 5/4" EXTERIOR PLYWOOD PAINTED AS SHOWN ON DETAIL 5) FRAME WILL BE 2"X4" STOCK- REINFORCED BEHIND SIGN PANEL AT APPROX. 2' CENTERS 4) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROVIDED BY THE CITY 6) MOUNTING POSTS TO BE 4"x4" STOCK SECURELY MOUNTED HEPLY TO ATTENTION OF DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P O BOX 17300 FORT WORTH, TEXAS 76102-0300 December 29, 2003 Planning, Environmental, and Regulatory Division Regulatory Branch SUBJECT: Project Number 200100634 Ms. Suzan C. Taylor C.I.P. Coordinator City of Coppell 255 Parkway P.O. Box 478 Coppell, Texas 75019 Dear Ms. Taylor: Thank you for your letter of October 15, 2001, concerning a proposal by the city of Coppell to widen the existing portion of Sandy Lake Road from Kimbel Court to the East City Limits in Dallas County, Texas. This project has been assigned Project Number 200100634. }'lease include this number in all future correspondence concerning this project. Failure to reference the project number may result in a delay. We have reviewed this project in accordance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the U. S. Army Corps of Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands~ Our responsibility under Section I0 is to regulate any work m, or affecting, navigable waters of the United States. Based on your description of the proposed work, and other information available to us, we have determined that this project will not involve activities subject to the requirements of Section 10. However, this project will involve activities subject to the requirements of Section 404. Therefore, it will require Department of the Army authorization. It appears that this project is authorized by nationwide permit 14 for Linear Transportation Crossings. To use this permit, the person responsible for the project must ensure that the work is in compliance with the specifications and conditions listed on the enclosures. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation of the Clean Water Act. Om' verification for the construction of this activity under this nationwide permit is valid for two years from the date of this letter, unless prior to that date the nationwide permit is suspended, 2 revoked, or modified such that the activity would no longer comply with the terms and conditions of the nationwide permit on a regional or national basis. The USACE will issue a public notice announcing the changes when they occur. Furthem~ore, if you commence, or are under contract to commence, this activity before the date that this verification expires, or the date that this nationwide permit is suspended, modified, or revoked, whichever is earlier, you will have until March 18, 2008, to complete the activity under the present terms and conditions of the nationwide permit. Continued confirmation that an activity complies with the specifications and conditions, and any changes to the nationwide permit, is the responsibility of the permittee. Our review of this project also addressed its effects on endangered species. Based on the information provided, we have determined that this project will not affect any species listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area. However, please note that you are responsible for meeting the requirements of generaI condition 11 on endangered species. The permittee must sign and submit to us the enclosed certification that the work, including any required mitigation, was completed in compliance with the nationwide permit. You should submit your certification within 30 days of the completion of work. This permit should not be considered as an approval of the design features of any activity authorized or an implication that such construction is considered adequate for the purpose intended. It does not authorize any damage to private property, invasion of private fights, or any infringement of federal, state, or local laws or regulations. Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please contact Mr. Ken Laterza at the address above or telephone (817)886-1735. If you would like more information about our nationwide permit program, please contact us and we will furnish you with a copy of the nationwide permit regulations. Sincerely, ~ChieY~, RAe~uL~a~ory Branch Enclosures NATIONWIDE PERMIT 14 Linear Transportation Projects Effectiv~ Date: March 18, 2002 Activities required for the constructton, expansion, modification, or improvement of linear transportation crossings (e.g, highways, railways, trails, anport nmways, and tax/ways) in waters of the US, including wetlands, ffthe activ/ty meets the following criteria: a. This NWP is subject to the following acreage limits: (1) For linear transportation projects in non-tidal waters, provided the discharge does not cause the loss of greater than l/2,acre of waters of the US; or (2) For linear transportation projects in tidal waters, provided the discharge does not cause the loss of greater than 1/3-acre of waters of the US. b. The permittee must notify the District Engineer in accordance with General Condition 13 ffany of the following chteria are met: (1) The discharge causes the loss of greater than 1/10-acre of waters of the US; or (2) There is a discharge in a special aquatic site, including wetlands; - - c. The notification must include a compensatory mitigation proposal to offset permanent losses of waters of the U'S to ensure that those losses result only in minimal adverse effects to the aquatic environment and a statement describing how tempora~ losses will be minimized to the maximum extent practicable; d. For discharges in special aquatic sites, including wetlands, and stream riffle and pool complexes, the notification must include a delineation of the affected special aquatic sites; e. The width of the fill is limited to the mirdmum necessary for the crossing; £ This permit does not authorize stream channelization, and the authorized activities must not cause more than minimal changes to the hydraulic flow characteristics of the stream, increase flooding, or cause more than minimal degradation of water quality of any stream (see -General Conditions 9 and 21); g. This permit cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars; and h. The crossing is a single and complete project for crossing waters of the US. Where a road segment (i.e., the shortest segment of a road with independent utility that is part of a larger project) has mnltlple crossings of streams (several single and complete projects) the Corps will consider whether it should use its discretionary authority to require an Individual pernnt. (Sections 10 and 404) Note: Some discharges for the construction of farm roads, forest roads, or temporary roads for moving mining equipment may be eligible for an exemption from the need for a Section 404 permit (see 33 CFR 323.4). NATIONWIDE PERMIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 4. Aquatic Life Movements. No act/vity may substantially disrupt the necessary, life-cycle movements of those species of aquatic life indigenous to the waterbody, including those spccms that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintasn low flow conditions. 5 Equipment Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance 6 Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330 4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency detenmination. Note: Statewide Regional Conditions have been added for activities within Texas. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a study river" for possible inclusion in the system, whihi the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status, hfformation on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessaD, to conduct detailed studies to identify such measures or to require monitoring. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency conctLrrence must be obtained or waived (see 33 CFR 330.4(d)). 11 Endangered Species. (a) No activity is authorized under any NWl? which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designauon, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species~ Non-federal perrmttees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is itl the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may ~dTect Federally-listed endangered or threatened species or designated critical habitat, the notification must include the name(s) 0fthe endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by' the proposed work As a result of forraal or informal consultation with the FWS or NMFS the District Engineer may add species-specific regional endangered species conditions to the NWPs. Co) Authorization of an activity by a NWP does not authorize the "take" ora threatened or endangered species as defined under the ESA In the absence of separate authorization (e.g, an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc) from the USFWS or the NMFS, both lethal and nou-lethal "takes" of protected 2 species are in violation of the ESA Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://w~-,v.fws gov/r9endspp/endspphtml and http://www, nmfs.noaa.gov/prot_res/overview/es.html respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix C. The prospective pcrmittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permiilee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330,4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing; where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification 0aCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective perrmttee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) ff notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only ~n accordance with the procedure set forth in 33 CFR 330.5(d)(2). Co) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided wben necessary to show that the activity complies with the terms of the NV~ (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(0); (5) For NWP 7 (Ouffall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be mioimized to the maximmn extent practicable; (7) For NWP 21 (Surface Coal Mmmg Activities), the PCN must include an Office of Surface Mining (OSM) or state-approved mitigation plan, if applicable To be authorized by this NWP, the District Engineer must determine that the activity complies ~ith the terms and conditions of the NWl> and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this detemtinatlon in writing; 3 (8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single-Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Pel~nittee and/or the e ' p rm~ttee s spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A descriptmn of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring l/4-acre or less will not require a formal on-site delineation. However, the applicant shall provide an i ndicahon of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than l/4-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps (See paragraph 13(0); (iv) A written description of all land (inc uding, if available, legal descriptions) owned by the prospective permittee and/or the prospective permirtee's spouse, within a one mile radius of the parcel, in any form of ownership (includnig any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Erasting Flood Control Facilities), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activ/ty or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (1 I) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justLfication explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NNVP, deterrmne adverse environmental effects are minimal both individually and cumulatively, and waive the linfitation on stream impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear-feet of existing serviceable drainage ditches constructed in non-tidal streams un ess, for drainage ditches constructed in intermittent non-tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NNVP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cmnulatively; (15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, ff applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an interrmttent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the pennittee ma),' proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely,, affected by the project, a description of measures taken to nzinimize adverse effects to waters of the US, a description ~f measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non-tidal wetlands adjacent to head,.,,aters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN ~nust include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed u, ork; and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of 4 Historic Places, the PCN must state which ttistoric property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Notificationl The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearlv indicate that i is a PCN and must include all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in deternUning whether the net adverse enviromnental effects to the aquatic enviromnent of tile proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NkVP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will not/fy the perrmttee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective peranttee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment, lithe net adverse effects of the project on the aquatic envirorunent (after consideration of the compensatory mitigatmn proposal) are determined by the Disthct Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NSVP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer deterrnines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity ;vill be authorized within tile 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any counnents from Federal and state agencies concermng the proposed act v ty's compliance w~th the terms and conditions of the NP(Ps and the need for nutlgat~on to reduce the project's adverse environmental effects to a minimal level, For activities requiring notification to the District Engineer that result in the loss of greater than l/2-acre of waters of the US, the District Engineer will provide iInmediately (e.g, via facsimile transmission, overnight mail, or other expeditious inanner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SI-LPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fisher3 Conservation and Management Act, the District Engineer will provide a response to NNWS within 30 days of receipt of any Essential Fish Habitat conservation recommendations Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetland Delineations: Wetland delti~eations must be prepared ni accordance with the current method required by the Corps (For NWP 29 sec paragraph Co)(9)(tii) for parcels less than (l/4-acre in size) The permitlee may ask the 5 Corps to delineate the special aquatic site. Them may be some delay if the Corps does the delineation Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received NWP verification frmn the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including a~ny general or specific conditions; Co) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under ix/WP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3-acre). ~- 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake stmcmms or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structm'es and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic mounts (see section 307 of the CWA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable tmtigation necessary to offset adverse effects on the aquatm environment that are more than minimal. (a) The project must be designed aud constructed to avoid and minimize adverse effects to waters o£ the US to the ~naximum ex'tent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory ~nitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances (d) Compensatory mitigation (ie., replacement or substitution of aquanc resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4-acre of wetlands cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre loss associated with NWP 39 verification. However, l/2-acre of created wetlands can be used to reduce the impacts of a l/2-acre loss of wetlands to the minimum impact level in order to meet the minimal impact reqmrement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed 6 (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory xnitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) pemUnees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the parry responsible for accomplishing and/or complying with the mitigation plan. 20. Spawning Areas. Activities, including structttres and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum ex'tent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part ora larger ~ystem designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monltonng of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22 Adverse Effects From Impoundments If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Auy temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation 25 Designated Critical Resource Waters Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened 7 and endangered species, coral reefs, state natural heritage s~tes, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportnnity for public comment. ]'he District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US ma3' be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this General C~ndJtion, 100-year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplain, below headwaters (i.e. five cfs), resulting in permanent above-grade fills, are not authorized by NNVPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above-grade fills, are not authorized by NW?s 39, 40, 42, and 44. (c! The permittee must comply with any applicable FEMA-approved state or local floodplain management reqmrements. 27. Construct/on Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12-months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under cuntmct to commence within the verification period, the work tnust be completed by the date determined by the Corps For projects that have been verified by the Corps, an extension of a Corps approved completion date maybe requested. This request must be submitted at least one month before the previously approved completion date. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWl:'. 2. NWI:'s do not obviate the need to obtain other Federal, state, or local perrmts, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS .Best Management Practices (BMPs): BMPs are policies, practices, procedures~ or structures implemented to mmgate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. A BMP policy may affect the limits on a development. Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the restoration, creation, enhancetnent, or in exceptional circumstances, preservation of wetlands ancffor other aquatic resources for the purpose 8 of compensatnig for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and lnimnuzation has been achieved Creation; The establishment ora wetland or other aquatic resource where one did not formerly exist. Enhancement; Acti~.'ifies conducted in existing wetlands or other aquatic resources that increase one or more aquatic functions Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of a farm. Flood Fringe: That portian of the 100-year floodplain outside of the floodway (often referred to as "floodway fringe"). Floodway: The area regulated by Federal, state, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated amount (not to exceed one foot as set by the National Flood Insurance Program) within the 100-year floodplain. Independent Utility: A test to determine what conmtutes a single and complete project in the Corps regulatory program. A project is considered to have independent utility ff it would be constructed absent the construction of other projects in the project area, Portions of a multi-phase project that depend npon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility, Intermittent Stream: An intermittent stream has flowing water during cerlaln times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of Waters of the US: Waters of the US that include the filled area and other waters that are permanently adversely affected by flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade fills that change an aquatic area to dry land, increase the bottom elevation ora waterbody, or change the use ora waterbody. The acreage of loss of waters of the US is the threshold measurement of the impact to existing waters for determining whether a project may qualify for an NVdP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and values. The loss of stream bed includes the linear feet of stream bed that is filled or excavated, Impacts to ephemeral streams are not included in the linear foot measurement of loss of strean~ bed for the purpose of determining compliance with the linear foot limits of NWPs 39, 40, 42, and 43. Waters of the US temporarily filled, flooded, excavated, or drained, but restored to preconstruction contours and elevations after construction, are not included in the measurement of loss of waters of the US Non-tidal Wetland: A non-tidal wetland is a wetland (i.e., a water of the US) that is not subject to the ebb and flow of tidal waters. The definition ora wetland can be found at 33 CFR 328.3(13). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open Water: An area that, during a year with normal patterns of precipitation, has standing or flowing water for sufficient duration to establish an ordinary high water mark, Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. The term "open water" includes rivers, streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral waters Perennial Stream: A perennial stream has flowing water year-round during a D'pical year. The water table is located above the stream bed for most of the year. Groundwater is the prirnar5 source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Permanent Above-grade Fill; A discharge of dredged or fill material into waters of the US, including wet ands. that results in a substantial increase in ground elevation and per~nanently converts part or all of Ihe waterbody to dry land Structural fills authorized by NWPs 3, 25, 36, etc are not nicluded. Preservation: The protection of ecologically important wetlands or other aquatic resources in perpetuity through the implementation of appropriate legal and physical mechauisms. Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure protectmn and/or enhancement of the overall aquatic ecosystem. Restoration: Re-establishment of v, etland and/or other aqualic resource characteristics and function(s) at a site where they have ceased to ex~st, or exist in a substantially degraded state, Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(o)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Single and Complete Project: The term "single and complete project" is defined at 33 CFR 330.20) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers (see definition of independent utilit)). For linear projects, the "single and complete project" (i.e., a single and complete crossing) will apply to each crossing of a separate water of the US (i.e. a single waterbody) at that location~ An exception is for linear projects crossing a single waterbody several times at separate and distant locations: each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, otc, are not separate waterbodies. Stormwater Management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic env/romnent. Stormwater Management Facilities: Storrnwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and BMPs, which retain water for a period of time to control runoff' and/or improve the quality (i.e~ by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff` Stream Bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wet]ands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream Channelization: The manipulation of a stream channel to increase the rate of water flow through the stream channel Manipulation may include deepening, widening, straightening, armoring, or other activities that change the stream cross-section or other aspects of stream channel geometry to increase the rate of water flow through the stream channel. A channelized stream remains a water of the US, despite the moditications to increase the rate of water flow. Tidal Wetland: A tidal wetland is a wetland (i.e, water of the US) that is inundated by tidal waters. The definitions ora wetland and tidal waters can be found at 33 CFR 328.3(0) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhyttun or cycle due to the gravitational pulls of tho moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, w/nd, or other effects Tidal wetlands are located charmelward of the k/gh tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar month, during spring high tides Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other open waters which separates the open water from developed areas, including agricultural land. Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat for fish and other aquatic organisms, moderation of water temperature changes, and detritus for aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be established by maintaining an existing vegetated area or planting native trees, shrubs, and herbaceous plants on land next to open-waters. Mowed lawns are not considered vegetated buffers because they provide little or no aquatic habitat functions and values The establishment and maintenance of vegetated buffers is a method of compensatory mitigation that can be used in conjunction with the restoration, creation, enhancement, or preservation of aquatic habitats to ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic envirorm~ent (See General Condition 190 Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have tooled aquatic vegetation, such as seagrasses m marine and estaarine systems and a variety of vascular rooted plants in fresh'o/ater systems Waterbody: A waterbody is an), area that in a normal 3,ear has water flowing or standing above ground to the extent that evidence of an ordinary high water mark is established. Wetlands contiguous to the waterbody are considered part of the waterbody 10 ADDITIONAL INFORMATION Information about the U,S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed on our Internet page: http://~'awv.usace.armymil/inet/functions/cw/cecwo/reg This nationwide permit is effective March 18, 2002, and expires on March 19, 2007, unless sooner modified, suspended, or revoked. Summary Version: March 18, 2002 Texas Commission on Environmental Quality 401 Water Quality Certification Conditions for Nationwide Permits Attachment 1 Below are the 401 water quality certification conditions the Texas Commission on Environmental Quality (TCEQ) added to the January 15, 2002 issuance of Nationwide Permits (NWP), as described in the Federal Register (Part II, Vol. 67, No. 10, pages 2020-2095). These conditions were included as part of TCEQ's certification finalized on April 12, 2002 and September 5, 2003. Additional information regarding these conditions, including descriptions of the best management practices, can be obtained from the TCEQ by contacting the 401 Coordinator, MC- 150, P. O. Box 13087, Austin, Texas 78711-3087 or from the appropriate U.S. Army Corps of Engineers district office. I. Erosion Control Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands or water bodies dunng wet weather conditions (erosion). At least one of the following BMPs must be maintained and remain in place until the area has been stabilized forNWPs 3, 7, 12, 13, 14, 15, 17, 18, 19, 21,22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 4I, 42, 43, and 44. lfthe applicant does not choose one of the BM[Ps listed, an individual 401 certification is required. o Temporary Vegetation o Mulch o Interceptor Swale o Erosion Control Compost o Compost Filter Berms and Socks o Blankets/Matting o Sod o Diversion Dike o Mulch Filter Berms and Socks Il. Sedimentation Control Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by the use of BMPs to confine sediment. Dredged material shall be placed in such a manner that prevents sediment runoff into water in the state, including wetlands. Water bodies can be isolated by the use of one or more of the required BMPs identified for sedimentation control. These BMP's must be maintained and remain in place until the dredged material is stabilized. At least one of the following BMPs must be maintained and remain in place until the area has been stabilized for lxPvVPs 3, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. 401 Water Quality Certification Conditions for Nationwide Permits Page 2 o Sand Bag Berm o Silt Fence o Triangular Filter Dike o Stone Outlet Sediment Traps o Erosion Control Compost o Compost Filter Berms and Socks o Rock Berm o Hay Bale Dike o Brush Berms o Sediment Basins o Mulch Filter Berms and Socks 111. Post-Construction TSS Control After construction has been completed and the site is stabilized, total suspended solids (TSS) loadings shall be controlled by at least one of the following BMPs for NW'Ps 12, t4, 17, 18, 21, 29, 31, 36, 39, 40, 41, 42, and 44. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. Runoff from bridge decks has been exempted from the requirement for post construction TSS controls. o Retention/Irrigation o Extended Detention Basin o Vegetative Filter Strips o Grassy Swales o Erosion Control Compost o Compost Filter Berrns and Socks o Constructed Wetlands o Wet Basins o Vegetation lined drainage ditches o Sand Filter Systems o Mulch Filter Berms and Socks IV. Return Water from Upland Contained Disposal Areas Effluent from an upland contained disposal areas shall not exceed a TSS concentration of'300 mg/L unless an individual certification has been issued with site-specific TSS limits. 401 Water Quality Certification Conditions for Nationwide Permits Page 3 V. NWP 39~ 40~ and 42 The Coq~s ,.',,ill copy the TCEQ on all authorizations for impacts of greater than 300 feet of intermittent streams sent to applicants. Attachment 2 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description Erosion Control Sedimem Control Post Construction TSS I Aid to Navigation 2 Structures in Artificial Canals 3 Maintenance ( Repair, Replacement, X X ! rehabihtation of currently serwceable structure or/511) 4 Fish and Wildlife Harvesting, Enhancement and Atlractmn Devices and Activities (Duck Blinds and Crab Traps) 5 Scientific Measurement Devices 6 Survey Activities 7 Out£all Structures and Maintenance X X 8 Oil and Gas Structures , 9 Structures in Fleeting And Anchorage Areas 10 Mooring Buoys I I Tempora~ Recreatmn Structures 12 Utility Line Activities X X X 13 Bank Stabilization X X 14 Linear Transportation Projects X X X 15 U.S. Coast Guard Approved Bridges X X 16 Return Water From Upland Disposal Areas 17 Hydropower Projects X : X X 18 Minor Discharges (25yds) X X X 19 Minor Dredging X X 20 Oil Spill Cleanup 21 Surface Coal Mining Activities X X X 22 Removal of Vessels X X Attachment 2 Reference to Nationwide Permits Best Management Practices Requirements NWP Approved Categorical Exclusions Erosion Control Sediment Control Post Construction TS$ 23 Approved Categorical Exclusions 24 State Administered 404 Program 25 Structural Discharges X X 26 Reserved 27 Stream and Wetland Restoration X X 28 : Modifications of Existing Marinas 29 Single-Family Housing X X X 30 Moist Soil Management for Wildlife X X 31 Maintenance of Existing Flood X X X Conla-ol Facilities 32 Completed Enforcement Actions X X 33 Temporary Construction, Access and X X Dewatermg 34 Cranberry Production 35 Maintenance Dredging of Existing Basins 36 Boat Ramps X X X 37 Emergency Watershed Protection and X X Rehabilitation 38 Cleanup of Hazardous and Toxic X X Waste 39 Residential, Cornmercial, and X X X lnstilutional Developments 40 Agricultural Activities X X X 41 Reshaping Existing Drainage Ditches X X X 42 Recreational Facilities X X X 43 Stormwater Management Facilities X X 44 Mining Activities X X X Texas Commission on Environmental Quality 401 Water Quality Certification Conditions for Nationwide Permits Attachment 1 Below are the 401 water quality certification conditions the Texas Commission on Environmental Quality (TCEQ) added to the January 15, 2002 issuance of Nationwide Permits (NWP), as described in the Federal Register (Part 1], Vol. 67, No. t0, pages 2020-2095). These conditions were included as part of TCEQ's certification finalized on April 12, 2002 and September 5, 2003. Additional information regarding these conditions, including descriptions of the best management practices, can be obtained from the TCEQ by contacting the 401 Coordinator, MC- 150, P. O. Box 13087, Austin, Texas 78711-3087 or from the appropriate U.S. Army Corps of Engineers district office. I. Erosion Control Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands or water bodies during wet weather conditions (erosion). At least one of the following BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. o Temporary Vegetation o Mulch o Interceptor Swale o Erosion Control Compost o Compost Filter Berms and Socks o Blankets/Matting o Sod o Diversion Dike o Mulch Filter Berms and Socks II. Sedimentation Control Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by the use of BMPs to confine sediment. Dredged material shall be placed in such a manner that prevents sediment mnoffinto water in the state, including wetlands. Water bodies can be isolated by the use of one or more of the required BMPs identified for sedimentation control. These BMP's must be maintained and remain in place until the dredged mater/al is stabilized. At least one of the following BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. 401 V~':~ter Quality' Certification Conditions for Nationwide Permits Page 3 V. NWP 39,40~ and 42 The Corps will copy the TCEQ on all authorizations for impacts of greater than 300 feet of intermittent streams sent to applicants. Attachment 2 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description Erosion Control Sediment Control Post Construction TSS 1 Aid to Navigation 2 Structures in Artificial Canals 3 Maintenance ( Repair, Replacement, X X rehabilitation of currently serviceable structure or fill) 4 Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities (Duck Blinds and Crab Traps) 5 Scientific Measurement Devices 6 ' Survey Activities 7 Outfall Structures and Maintenance X X 8 Oil and Gas Structures 9 Structures in Fleeting And Anchorage Areas 10 Mooring Buoys 1 Temporary Recreation Structures 12 Utility Line Activities X X X 13 Bank Stabilization X X 14 .inear Transportation Projects X X X 15 U.S. Coast Guard Approved Bridges X X 16 Return Water From Upland Disposal Areas 17 Hydropower Projects X X X 18 Minor Discharges (25yds) X X X 19 Minor Dredging X X 20 Oil Spill Cleanup 21 Surface Coal Mining Activities X X X 22 Removal of Vessels X X TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Description of BMPs EROSION CONTROL BMPs Temporary Vegetation Description: Vegetation can be used as a temporary or permanent stabilization technique for areas disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, bern'ts, mild to medium slopes, and along roadways. Other techniques such as matting, mulches, and grading may be required to assist in the establishment of vegetation. Materials: · The type of temporary vegetation used on a site is a function of the season and the availability of water for irrigation. · Temporary vegetation should be selected appropriately for the area. · County agricultural extension agents are a good source for suggestions for temporary vegetation. · All seed should be high quality, U.S. Dept. of Agriculture certified seed. Installation: · Grading must be completed prior to seeding. · Slopes should be minimized. · Erosion control structures should be installed. · Seedbeds should be well pulverized, loose, and uniform. · Fertilizers should be applied at appropriate rates. · Seeding rates should be applied as recommended by the county agricultural extension agent. · The seed should be applied uniformly. · Steep slopes should covered with appropriate soil stabilization matting. May 1, 2003 -I- · Wood-fiber or paper-fiber mulch may be applied by hydroseeding. · Mulch nettings may be used. · Wood chips may be used where appropriate. Installation: Mulch anchoring should be accomplished immediately after mulch placement. This may be done by one of the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch binders. Sod Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or where sodding is preferred to other means of grass establishment. Locations particularly suited to stabilization with sod are waterways carrying intermittent flow, areas around drop inlets or in grassed swales, and residential or commercial lawns where quick use or aesthetics are factors. Sod is composed of living plants and those plants must receive adequate care in order to provide vegetative stabilization on a disturbed area. Materials: · Sod should be ~nachine cut at a uniform soil thickness. · Pieces of sod should be cut to the supplier's standard width and length. · Tom or uneven pads are not acceptable. · Sections of sod should be strong enough to support their own weight and retain their size and shape when suspended from a firm grasp. · Sod should be harvested, delivered, and installed within a period of 36 hours. Installation: · Areas to be sodded should be brought to final grade. · The surface should be cleared of al} trash and debris. · Fertilize according to soil tests. · Fertilizer should be worked into the soil. · Sod should not be cut or laid in excessively wet or dry weather. · Sod should not be laid on soil surfaces that are frozen. · During periods of high temperature, the soil should be lightly irrigated. May 1, 2003 -3- · Swales should have a maximum depth of 1.5 feet with side slopes of 3:l or flatter. Swales should have positive drainage for the entire length to an outlet. · When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required. Stabilization should be crushed stone placed in a layer of at least 3 inches thick or may be high velocity erosion control matting. Check dams are also recommended to reduce velocities in the swales possibly reducing the amount of stabilization necessary. · Minimum compaction for the swale should be 90% standard proctor density. Diversion Dikes A temporary diversion dike is a barrier created by the placement of an earthen embankment to reroute the flow of runoff to an erosion control device or away from an open, easily erodible area. A diversion dike intercepts runoff from small upland areas and diverts it away from exposed slopes to a stabilized outlet, such as a rock berm, sandbag berm, or stone outlet structure. These controls can be used on the perimeter of the sxte to prevent runoff from entering the construction area. Dikes are generally used for the duration of construction to intercept and reroute runoff from disturbed areas to prevent excessive erosion until permanent drainage features are installed and/or slopes are stabilized. Materials: · Stone stabilization (required for velocities in excess of 6 fps) should consist of riprap placed in a layer at least 3 inches thick and should extend a minimum height of 3 inches above the design water surface up the existing slope and the upstream face of the dike. Geotextile fabric should be a non-woven polypropylene fabric designed specifically for use as a soil filtration media with an approximate weight of 6 oz./yd~, a Mullen burst rating of 140 psi, and having an equivalent opening size (EOS) greater than a #50 sieve. Installation: · Diversion dikes should be installed prior to and maintained for the duration of construction and should intercept no more than 10 acres of runoff. · Dikes should have a minimum top width of 2 feet and a minimum height of compacted fill of 18 inches measured form the top of the existing ground at the upslope toe to top of the dike and have side slopes of 3:1 or flatter. · The soil for the dike should be placed in lifts of 8 inches or less and be compacted to 95 % standard proctor density. · The channel, which is formed by the dike, must have positive drainage for its entire length t? an outlet. · When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required. In situations where velocities do not exceed 6 feet per second, vegetation may be used to control erosion. May 1, 2003 -5- When rolling is specified, use a light corrugated drum roller. Mulch Filter Berrns and Socks Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoffto pond which allows heavier solids to settle. Mulch filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must be taken. Mulch filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch filter berms and socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains infom~ation on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections {}332.71 Sampling and Analysis Requirements for Final Products and {}332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at May i, 2003 -7- outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections {}332.71 Sampling and Analysis Requirements for Final Products and {}332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost matenals or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for compost filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: Install in accordance with TxDOT Special Specification 1059. · Compost filter berms shall be constructed at i-1/2 feet high and 3 foot wide at locations shown on plans. · Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as directed. · Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock matenals shall be designed allowing for proper percolation through. May 1, 2003 -9- · A bypass pump-around system, or similar alternative, should be used on conjunction with the berm for effective dewatering of the work area. Silt Fence Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil and sediment loss from a site. When properly used, silt fences can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. If not properly installed, silt fences are not likely tobe effective. The purpose of a silt fence is to intercept and detain water- borne sediment from unprotected areas of a limited extent. Silt fence is used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. This fence should remain in place until the disturbed area is permanently stabilized. Silt fence should not be used where there is a concentration of water in a channel or drainage way. If concentrated flow occurs after installation, corrective action must be taken such as placing a rock berm in the areas of concentrated flow. Silt fencing within the site may be temporarily moved during the day to allow construction activity provided it is replaced and properly anchored to the ground at the end of the day. Silt fences on the perimeter of the site or around drainage ways should not be moved at any time. Materials: · Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding 190 lb/in 2 , ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30. · Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar cross section, surface painted or galvanized, minimum nominal weight 1.25 lb/ft 2, and Brindell hardness exceeding 140. · Woven wire backing to support the fabric should be galvanized 2" x 4" welded wire, 12 gauge minimum. Installation: · Steel posts, which support the silt fence, should be installed on a slight angle toward the anticipated runoff source. Post must be embedded a minimum of 1 foot deep and spaced not more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet. · Lay out fencing down-slope of disturbed area, following the contour as closely as possible. The fence should be sited so that the maximum drainage area is 74 acre/100 feet offence. · The toe of the silt fence should be trenched in with a spade or mechanical trencher, so that the down- slope face of the trench is fiat and perpendicular to the line of flow. Where fence cannot be trenched in (e.g., pavement or rock outcrop), weight fabric flap with 3 inches of pea gravel on uphill side to prevent flow from seeping under fence. · The trench must be a minimum of 6 inches deep and 6 inches wide to allow for the silt fence fabric to be laid in the ground and backfilled with compacted material. · Silt fence should be securely fastened to each steel support post or to woven wire, which is in turn attached to the steel fence post. There should be a 3-foot overlap, securely fastened where ends of fabric meet. May 1, 2003 - 1 I- silt fences, particularly for fine particles, but are able to withstand higher flows than a silt fence. As such, rock berms are often used in areas of channel flows (ditches, gullies, etc.). Rock berms are most effective at reducing bed load in channels and should not be substituted for other erosion and sediment control measures further up the watershed. Materials: · The berm structure should be secured with a woven wire sheathing having maximum opening of i inch and a minimum wire diameter of 20 gauge galvanized and should be secured with shoat rings. · Clean, open graded 3- to 5-inch diameter rock should be used, except in areas where high velocities or large volumes of flow are expected, where 5- to 8-inch diameter rocks may be used. Installation: · Lay out the woven wire sheathing perpendicular to the flow line. The sheathing should be 20 gauge woven wire mesh with 1 inch openings. · Berm should have a top width of 2 feet minimum with side slopes being 2:1 (H:V) or flatter. · Place the rock along the sheathing to a height not less than 18". · Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the sheathing overlap at least 2 inches, and the berm retains tts shape when walked upon. · Berm should be built along the contour at zero percent grade or as near as possible. · The ends of the berm should be tied into existing upslope grade and the berm should be buried in a trench approximately 3 to 4 inches deep to prevent failure of the control. Hay Bale Dike Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment- laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to install other, more effective measures or when the construction phase is expected to last less than 3 months. Straw bales should not be used on areas where rock or other hard surfaces prevent the full and uniform anchoring of the barrier. Materials: Straw: The best quality straw mulch comes from wheat, oats or barley and should be free of weed and grass seed which may not be desired vegetation for the area to be protected, Straw mulch is light and therefore must be properly anchored to the ground. Hay: This is very similar to straw with the exception that it is made of grasses and weeds and not grain stems. This form of mulch is very inexpensive and is widely available but does introduce weed and grass seed to the area. Like straw, hay is light and must be anchored. May 1, 2003 -13- · The brush berm should be constructed in lifts with each layer extending the entire length of the berm before the next layer is started. A trench should be excavated 6-inches wide and 4-inches deep along the length of the barrier and immediately uphill from the barrier. · The filter fabric should be cut into lengths sufficient to lay across the barrier from its up-slope base to just beyond its peak. The lengths of filter fabric should be draped across the width of the barrier with the uphill edge placed in the trench and the edges of adjacent pieces overlapping each other. Where joints are necessary, the fabric should be spliced together with a minimum 6-inch overlap and securely sealed. · The trench should be backfilled and the soil compacted over the filter fabric. · Set stakes into the ground along the downhill edge of the brush barrier, and anchor the fabric by tying rope from the fabric to the stakes. Drive the rope anchors into the ground at approximately a 45-degree angle to the ground on 6-foot centers. · Fasten the rope to the anchors and tighten berm securely to the ground with a minimum tension of 50 pounds. · The height of the brush berm should be a minimum of 24 inches after the securing ropes have been tightened. Stone Outlet Sediment Trap A stone outlet sediment trap is an impoundment created by the placement of an earthen and stone embankment to prevent soil and sediment loss from a site. The purpose of a sediment trap is to intercept sediment-laden runoff and trap the sediment in order to protect drainage ways, properties and rights of way below the sediment trap from sedimentation. A sediment trap is usually installed at points of discharge from disturbed areas. The drainage area for a sediment trap is recommended to be less than 5 acres. Larger areas should be treated using a sediment basin. A sediment trap differs from a sediment basin mainly in the type of discharge structure. The trap should be located to obtain the maximum storage benefit from the terrain, for ease of clean out and disposal of the trapped sediment and to minimize interference with construction activities. The volume of the trap should be at least 3600 cubic feet per acre of drainage area. Materials: · All aggregate should be at lest 3 inches in diameter and should not exceed a volume of 0.5 cubic foot. · The geotextile fabric specification should be woven polypropylene, polyethylene or polyamide geotextile, minimum unit weight of 4.5 oz/yd 2, mullen burst strength at least 250 lb/in 2, ultraviolet stability exceeding 70%, and equivalent opening size exceeding 40. Installation: Earth Embankment: Place fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the May 1, 2003 - 15- watering hole. · Place fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the material. Compact each layer to 95 percent standard proctor density. Do not place material on surfaces that are muddy or frozen. Side slopes for the embankment should be 3:1 (H:V). · An emergency spillway should be installed adjacent to the embankment on undisturbed soil and should be sized to carry the full amount of flow generated by a 10-year, 3-hour storm with 1 foot of freeboard less the amount which can be carried by the principal outlet control device. · The emergency spillway should be lined with riprap as should the swale leading from the spillway to the normal watercourse at the base of the embankment. · The principal outlet control device should consist ora rigid vertically oriented pipe or box of corrugated metal or reinforced concrete. Attached to this structure should be a horizontal pipe, which should extend through the embankment to the toe of fill to provide a de.watering outlet for the basin. · An anti-vortex device should be attached to the inlet portion of the principal outlet control device to serve as a rubbish screen. · A concrete biise should be used to anchor the principal outlet control device and should be sized to provide a safety factor of 1.5 (downward forces = 1.5 buoyant forces). · The basin should include a permanent stake to indicate the sediment level in the pool and marked to indicate when the sediment occupies 50% of the basin volume (not the top of the stake). · The top of the riser pipe should remain open and be guarded with a trash rack and anti-vortex device. The top of the riser should be 12 inches below the elevation of the emergency spillway. The riser should be sized to convey the runoff from the 2-year, 3-hour storm when the water surface is at the emergency spillway elevation. For basins with no spillway the riser must be sized to convey the runoff from the 10-yr, 3-hour StoiTn, · Anti-seep collars should be included when soil conditions or length of service make piping through the backfill a possibility. · The 48-hour drawdown time will be achieved by using a riser pipe perforated at the point measured from the bottom of the riser pipe equal to Vz the volume of the basin. This is the maximum sediment storage elevation. The size of the perforation may be calculated as follows: Asx Ao= Cd x 980,000 Where: Ao = Area of the de-watering hole, ft 2 As = Surface area of the basin, ft 2 May 1, 2003 -17- Installation: · Install in accordance with current TxDOT specification. Use on slopes 3:1 or flatter. Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed. When rolling is specified, use a light corrugated drum roller. Mulch Filter Berms and Socks Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoffto pond which allows heavier solids to settle. Mulch filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Mulch filter bem~s should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must be taken. Mulch filter socks may be installed in construction areas and temporarily moved during the day to allow construcuon activity provided it is replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch filter berms and socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Mulch filter berms and socks used within any TxDOT construction or maintenance acuvities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restncts the use of certain compost products. Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and {3332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination May 1, 2003 -19- Compost filter ben'ns and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as compost filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections {}332.71 Sampling and Analysis Requirements for Final Products and .{,332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for compost filter ben-ns and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certificanon. STA program information can be found at http://tmecc.org/sta/$TA_program_descnption.html. Installation: · Install in accordance with TxDOT Special Specification 1059. · Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. · Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of the beret. Disperse filter berm or leave in place as directed. · Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed allowing for proper percolation through. May I, 2003 -21- overland sheet flow. They may appear in any vegetated form from grassland to forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as sheet flow. The dense vegetative cover facilitates conventional pollutant removal through detention, filtration by vegetation, and infiltration. Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively reduce peak discharges to predevelopment levels for design storms. This lack of quantity control favors use in rural or low-density development; however, they can provide water quality benefits even where the ~mpervious cover is as high as 50%. The primary highway application for vegetative filter strips is along rural roadways where runoff that would otherwise discharge directly to a receiving water, passes through the filter smp before entering a conveyance system. Properly designed roadway medians and shoulders make effective buffer strips. These devices also can be used on other types of development where land is available and hydraulic conditions are appropriate. Flat slopes and low to fair permeability of natural subsoil are required for effective performance of filter stnps. Although an inexpensive control measure, they are most useful in contributing watershed areas where peak runoffvelocities are low, as they are unable to treat the high flow velocities typically associated with high impervious cover. The most important criteria for selection and use of this BMP are soils, space, and slope. Design Considerations: Vegetative filter strips can remove approximately 85% of the total suspended solids contained within the volume of runoffcaptured. Design elements of vegetative filter strips include uniform, shallow overland flow across the entire filter stnp area, hydraulic loading rate, inlet structures, slope, and vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter strips are appropriate for small drainage areas with moderate slopes. Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment removal, and grass reseeding and mulching. Constructed Wetlands Description: Constructed wetlands provide physical, chemical, and biological water quality treatment of stormwater runoff. Physical treatment occurs as a result of decreasing flow velocities in the wetland, and is present in the form of evaporation, sedimentation, adsorption, and/or filtration. Chemical processes include chelation, precipitation, and chemical adsorption. Biological processes include decomposition, plant uptake and removal ofnutnents, plus biological transformation and degradation. Hydrology is one of the most influential factors in pollutant removal due to its effects on sedimentation, aeration, biological transformation, and adsorption onto bottom sediments. The wetland should be designed such that a minimum amount of maintenance is required. The natural surroundings, including such things as the potential energs' of a stream or flooding river, should be utilized as much as possible. The wetland should approximate a natural situation and unnatural attributes, such as rectangular shape or rigid channel, should be avoided. Site considerations should include the water table depth, soil/substrate, and space requirements. Because the wetland must have a source of flow, it is desirable that the water table is at or near the surface. If runoff is the only source of inflow for the wetland, the water level often fluctuates and establishment of vegetation may be difficult. The soil or substrate of an artificial wetland should be loose loam to clay. A perennial baseflow must be present to sustam the artificial wetland. The presence of organic matenal is often helpful in increasing pollutant removal and retention. A greater amount of space is required for a wet]and system than is required for a detention facility treating the same amount of area. May 1, 2003 -23- Grassy swales are primarily stormwater conveyance systems. They can provide sufficient control under light to moderate runoff conditions, but their ability to control large storms is limited. Therefore, they are most applicable in low to moderate sloped areas or along highway medians as an alternative to ditches and curb and gutter drainage. Their perfomaance diminishes sharply in highly urbanized settings, and they are generally not effective enough to receive construction stage runoffwhere high sediment loads can overwhelm the system. Grassy swales can be used as a pretreatment measure for other downstream BMPs, such as extended detention basins. Enhanced grassy swales utilize check dams and wide depressions to increase runoff storage and promote greater settling of pollutants. Grassy swales can be more aesthetically pleasing than concrete or rock-lined drainage systems and are generally less expensive to construct and maintain. Swales can slightly reduce impervious area and reduce the pollutant accumulation and delivery associated with curbs and gutters. The disadvantages of this technique include the possibility of erosion and channelization over time, and the need for more right-of-way as compared to a storm drain system. When properly constructed, inspected, and maintained, the life expectancy of a swale is estimated to be 20 years. Design Considerations: · Comparable performance to wet basins · Limited to treating a few acres · Availability of water during dry periods to maintain vegetation · Sufficient available land area The suitability of a swale at a site will depend on land use, size of the area serviced, soil type, slope, imperviousness of the contnbuting watershed, and dimensions and slope of the swale system. In general, swales can be used to serve areas of less than 10 acres, with slopes no greater than 5 %. The seasonal high water table should be at least 4 feet below the surface. Use of natural topographic lows is encouraged, and natural drainage courses should be regarded as significant local resources to be kept in use. Maintenance Requirements: Research in the Austin area indicates that vegetated controls are effective at removing pollutants even when dormant. Therefore, irrigation is not required to maintain growth during dr3' periods, but may be necessary only to prevent the vegetation from dying. Vegetative Filter Strips Filter strips, also known as vegetated buffer strips, are vegetated sections of land similar to grassy swales except they are essentially fiat with low slopes, and are designed only to accept runoffas overland sheet flow. A schematic of a vegetated buffer strip is shown in Figure 3.3. They may appear in any vegetated form from grassland to forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as sheet flow. The dense vegetative cover facilitates conventional pollutant removal through detention, filtration by vegetation, and infiltration. Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively reduce peak discharges to predevelopment levels for design storms. This lack of quantity control favors use May 1, 2003 -25- requirements. Major types include the Austin Sand Filter, the District of Columbia Underground Sand Filter, the Alexandria Dry Vault Sand Filter, the Delaware Sand Filter, and peat-sand filters which are adapted to provide a sorption layer and vegetative cover to various sand filter designs. Design Considerations: · Appropriate for space-limited areas · Applicable in arid climates where wet basins and constructed wetlands are not appropriate · High TSS removal efficiency Cost Considerations: Filtration Systems may require less land than some other BMPs, reducing the land acquisition cost; howevr the structure itself is one of the more expensive BMPs. In addition, maintenance cost can be substantial. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: New types of erosion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's constructton or maintenance activities. Material used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protecnon Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections {}332.71 Sampling and Analysis Requirements for Final Products and {}332.72 Final Product Grades. Compost specification data approved by TxDOT are appropnate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing May l, 2003 -27- used for mulch filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)Heatth and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections {}332.71 Sampling and Analysis Requirements for Final Products and {}332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or rest methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program containi information regarding compost STA certification. STA program information can be found at http://tmecc.org/sta/STA_program_descnption.html. Installation: · Install in accordance with current TxDOT specification. · Mulch filter berms should be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. · Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of the berm. Disperse filter bem~ or leave in place as directed. Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be designed to allow for proper percolation through. Compost Filter Berms and Socks Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost filter berms and socks are used during the penod of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Compost filter berms should nor be used when there is a concentration of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must be taken. Compost filter socks may be installed in construction areas and temporality moved during the day to allow construction activity provided it is replaced and properly May 1, 2003 -29- of the height of the berm. Disperse filter berm or leave in place as directed. · Compost filter socks shall be in 8 inch, I2 inch or 18 inch or as directed. Sock rnaterials shall be designed allowing for proper percolation through. Ma); I, 2003 -31 - PERMIT COMPLIANCE CERTIFICATION Permit Number: Name of Permittee: Date of Issuance: Upon completion of the activity author/zed by this permit and any mitigation required by the permit, sign this certification and return it to the following address~ - Regulatory Branch CESWF-PER-R U.S. Army Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date _, _ NJ. aIM N¥1CI3R - J - 'Nll~l d L~O °1 © 0 0 © © 0 0 © Zc4 0 nz 0 O O 0 0 O © 0 0 O O 0 0 © o '1 ,0£ + HI(Ill40VO~ II II 'OGO~ -IIV.I. 3(]NOIJ. OrI~U. SNOO O~J¥ONV.LS 33S .LNIOP NOISNVdX3 0 ,Z. 9'O L ©1O o o o o 'O*d © 0 0 Q 0 (S31~IVA) HJ. OI/~ OVO~ .I ]"lgVOIldd¥ ,_-I1 ) Z UZ sexe. L 'lleddo::) lo ,(113 $~g(3/'1-13dd03 N~)IS At:IJ.N::i TF::lddO:) 1111 '1 I I I I I I I I I I I I I I I I I I I  sexa. L 'lladdoo jo .... SVX3.I. "l-13ddOO t °'° ....... auI 's,l~oss¥ pu~ SUqlO~[