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DR0401-CN050526 T H E C I T Y O F COPPELL CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Oakcrest Drainage Project # DR 04-01 _ Bid No. Q 03-05 01 FOR THE CITY OF COPPELL March 2005 TABLE OF CONTENTS Section 1 - Bidding Documents Notice to Bidders Instructions to Bidders Proposal/Bid Schedule Prevailing Wage Rates Page # 1-2 1-3 1-13 1-22 Section 2 - Section 3 - Section 4 - Section 5 - 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' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94-643) shall govern all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes 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 2-2 2-8 2-9 2-10 2-12 2-14 3-1 4-1 5-1 SECTION 1 BIDDING DOCUMENTS T H E C I T Y 0 F COPP-EI £ NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of the Oakcrest Drainage Project - No. DR 04-01. Plans and Specifications may be obtained for a non-refundable cost of $25.00 from the Purchasing Agent, 255 Parkway Blvd., Coppell, Texas, or telephone (972) 304-3698. Sealed bids addressed to the Pumhasing Agent, City of Coppell, Texas, for the construction of the Oakcrest Drainage Project - No. DR 04-01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., April 5, 2005, 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 03-05-01 designated clearly on the exterior of the bid envelope. Included with the bid there should be a completed Bid Affidavit and a Proposal Guaranty per Item 1.5 of the NCTCOG's Standard Specifications for Public Works Construction. A Pre-Bid Conference has been scheduled for this project at the Coppell Town Center, 255 Parkway Boulevard, at 10:00 a.m. on March 29, 2005. The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible persona! property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. 1-2 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas latest addition, as prepared by the NCTCOG and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "ENGINEER" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Scope of Work. This work shall consist of the excavation and re-grading of existing barrow ditches, removal of existing and laying of new culvert pipe, removal and replacement of all or a portion of the public portion of existing driveways, removal of an asphalt intersection and replacement of said intersection with reinforced concrete pavement, block sodding of all disturbed areas and any other incidentals necessary to complete the work as shown on the plans and included in the contract documents known as DR 04-01, "Oakcrest Drainage Project." All work shall be completed in accordance with said plans and contract documents, the City of Coppell Standard Construction Details, NCTCOG Third Edition Standard Specifications and all local, state and federal requirements. Construction shall begin at the downstream (south) end on each side of Oakcrest Lane and proceed uninterrupted to completion on the upstream (north) end. All initial sawing may be done at one time prior to the beginning of excavation. Concrete shall be removed immediately prior to pipe installation or new concrete installation. Where concrete is being removed to allow installation of the culvert pipe, a three-foot wide section shall be removed, the culvert 1-3 Bidding Documents 3.2 pipe shall be installed according to the detail on Sheet Four of the plans, and additional gravel or stabilized sand shall be added to bring the trench to the elevation of the existing driveway. Prior to the concrete replacement these driveways shall be cut a second time one foot outside either side of the first cut. This concrete shall be removed and properly disposed of. Each section shall be prepared and replaced according to the details on Sheet Four of the construction plans. The driveways at 500, 504, 508, 516 and 520 are to be removed and replaced in their entirety from the edge of the asphalt pavement to the property line. It is imperative that the Contractor work closely with those respective residents in order to provide access at all times. There is no on street parking on Oakcrest Lane. The Contractor shall coordinate with each property owner the excavation and replacement of the concrete driveways. The Contractor should be prepared to provide steel plating or alternative means for the maintenance of access when and where required. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Oakcrest Drainage Project # DR 04-01. Copies of Bidding Documents. Complete sets of the Bidding Documents may be obtained from the Purchasing Agent at the office of the City of Coppell, 255 Parkway Boulevard, Coppell, Texas for $25.00. The following general requirements pertain to the Bidding Documents: ^) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be fumished for $15.00 per set. c) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes rio responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 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 Iris financial responsibility, experience and possession of ]-4 Bidding Documents' such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five [5] days if requested). A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. Past Project Experience (required to be submitted with bid within five [5] days if requested). The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment (within five [5] days if requested). The Bidder shall provide a list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial (within five [5] days if requested). Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof 1-5 Bidding Documents 6.2 6.3 6.4 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. Examination of Contract Documents and Site. Access to the site shall be from Bethel School Road. It shall be the contractors responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder f~om 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 Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be 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, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 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 upon completion of such explorations. 1-6 Bidding Documents 6.5 6.6 7.2 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract documents. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Interpretations and addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. o 8.2 8.3.1 Contract Time. The time for completion in calendar days should be included on the Bid Form in the space provided. Completion time will be a strong factor in the award of this project. All work shall be complete within the calendar day count required by the Contractor's Proposal. The calendar day count shall commence ten (10) calendar days after the date of the Notice to Proceed. Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred forty dollars ($240.00) per day. 1-7 Bidding Documents 10. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successthl Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against who Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 1-8 Bidding Documents 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By 13. 14. 15. 16. 16.1 If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney~in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 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 the comparison of bids. Payments will be made to the Contractor only for the actual quantities of work performed or materials furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 p.m., April 5~ 2007 and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell BidNo. O 03-05-01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED Construction of: Oakcrest Drainage Project - No. DR 04-01 on the face of it and addressed to the Pumhasing Agent, City of Coppell, Texas. Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 1-9 Bidding Documents 16.2 17. 18. 19. 19.1 19.2 19.3 If, within twenty-four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid fi.om an individual, firm or parmership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. Award of Contract. The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non-responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, the owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, completion time, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 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 1-10 Bidding Documents 19.4 19.5 19.6 20. 21. proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. The Owner may conduct such investigations as the owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the date of the Bid opening. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. 23. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten (10) calendar days after the date of Notice to Proceed. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost 1-1! Bidding Documents 25. of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission fi.om it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two-year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 1-12 Bidding Documents BID FORM PROJECT DENTIFICATION: OAKCREST DRAINAGE PROJECT - No. DR 04-01 in Coppell, Texas (NAME OF FIRM) / THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkxvay Boulevard P.O. 9478 Coppell, Texas 75019 CITY 1 OF COPPELL BID NO: Q 03-05-01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNtiR in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the temps and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit file Agreement with other documents required by the Bidding Requirements within fifteen (15) days after tine date of OWNER's Notice of Award. In submitting this Bid, BDDER represents, as more fully set forth in the Agreement, that: BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date: Rec'd: 1-13 gtddlng Docz~ment.s Co) (c) (d) (e) (0 BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1-14 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. 0) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 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 the following price(s): 1-15 Bidding Documents OAKCREST DRAINAGE PROJECT - No. DR 04-01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit ] Total No. Price Price 1-1 1 LS Mobilization & Demobilization Complete in Place Dollars and Cents , ~.'~ per Lump Sum l-2 220 SY Relnove & Dispose of Concrete Flatwork Complete m Place Dollars and Cents ~"~o_L-|/~O 0-9"0 per Square Yard. 1-3 105 SY Remove & Dispose of Asphalt Pavement Complete in Place Dollars and Cents .-- t~c.- ,-....--- 90.~-- per Square Yard. I-4 9 EA Remove & Dispose of Existing Culvert Complete in Place Dollars and Cents per Each. I-5 1738 LF Excavate Ditch Line to Grade Complete in Place Dollars and Cents ~er Linear Foot. 13 ~sqq' i 6 I 1 EA Remove & Replace 3" Crape Myrtle Complete in Place Dollars _.. and ____ Cents per Each. /" ] ~ Bzdding Docurnentx OAKCREST DRAINAGE PROJECT - No. DR 04-01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I-7 3 EA Remove & Re-set Mailbox (Brick) Complete in Place Dollars and Cents ~.-.O O ?~_.. ~_._OO o.~..~._o per Each. I 8 3 EA Remove & Re-set Mailbox (Other Than Brick) Complete in Place Dollars and Cents ~er Each. ~' O0 i-9 1 EA Adjust Water Valve Box Complete in Place Dollars and Cents Der Each. I- 10 142 LF Furnish & Install 12" RCP Culvert Complete in Place Dollars and Cents per Linear Foot. I 11 [ 215 SY Construct 6" Concrete Driveway / Complete in Place _ Dollars and Cents o~0 , I pe~ Square Yard''~ '-~ ~/O Il- Construct 6" Concrete Valley 1 2 1 LS Gutter Complete in Place Dollars and Cents ' per Lump Sum. 1-17 BMdmg Document3 OAKCREST DRAINAGE PROJECT - No. DR 04-01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No Price Price I- 13 5 SY Construct 4" Concrete Sidewalk Complete in Place Dollars and__ Cents per Square Yard I 14 I500 L? Furnish & Install Block Sod Complete in Place Dollars and Cents per Linear Foot. I ~ ~ I q, '50O~-L-- i-15 1 LS Furnish, Install, Maintain & Remove Traffic Control Devices Complete in Place Dollars and Cents per Lump Sum. iflOOO.~.o liDO0 ~0._~ 1-16 I LS Furnish, Install, Maintain & Remove Erosion Control Devices [ Complete in Place Dollars and Cents i t)OO o..~o per Lump Sum. TOTAL BID ITEMS BASE BID I-1 thru 1-16 TANGIBLE PERSONAL PROPERTY COST $ 1-18 Btddttlg Document? BID SUMMARY TOTAL PRICE TOTAL BID ITEMS BASE BID I-1 thru 1-16 $ CALENDAR DAYS "'q t.t b3 r~ / BIDDER agrees that all Work awarded will be completed within t~ Calendar Days. Contract time ,,rill commence to run as provided in the Contract Documents. 7 Communications concermng this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included m the Contract Price (see Instructions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Constrt~ction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary. to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities ,,,,'itl be adjusted accordingly. SUBMITTED ON 1-]9 Btddlng Doc * ~mcntl' BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or ail commodities upon which prices are extended at the price offered, and upon the conditions contained m the Specifications of the Invitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days fi'om llre date of the bid opening. STATE OF T~')&ri % COUNTY OF ~ C ~ BEFO~ ME, thc undersigned authority, a Nota~ Public in and for the State of ~e~ , on this day personally appeared ~[t ~' g e ed~ who after being by me Name duly sworn, did depose and say: Name of Firm £oregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the Name of Firm I hereby certify that thc foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I ce~,lify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of se~x'tccs/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: ~k~b* ~ C (~O~+ r ~4"O~, ¢bqO Otcl NC ,'c Oaeo ; Texq,5 '~it~e: C es; Aew ~ Sigmature: SUBSCRIBED ANT) SWOI:CN to before me by ~e a~bove named on this the /.5'~' day of /J,l)r, ! 20 Notary Public in and for the State of 7""~51,5 __ / 20 BMdmg Doc'umcnB If BIDDER IS: Individual By _(Seal) doing business as (Individual's Name) Business addrcss A Parlnership By Phone No. (Seal) (Finn Name) (General Partner) Business address Phone No. A Corporation ....___ (Corporation Name) B v (State of incomoration) (Name of person authorized to sign) Ce ;ctew3- Business address Phone No. A Joint Venture 135, (Name) (Address) (Name) (Address) (Each joint ,,enture must sign. The manner of sigrUng fol each mdi,.idual, partnersMp and corporation that is a partner to the lomt venture should be m the mannm indicated above) 1-21 Bidding Docwnent3 PREVAILING WAGE RATES Air Tool Operator ................................ 9.00 Asphalt Raker .................................... 9.55 Asphalt Shoveler ................................. 8.80 Batching Plant Weigher ........................ 11.51 Carpenter ......................................... 10.30 Concrete Finisher-Paving ...................... I0.50 Concrete Finisher-Structures ................... 9.83 Concrete Rubber ................................. 8.84 Electrician ........................................15.37 Flagger ............................................. 7.55 Form Builder-Structures ........................ 9.82 Form Liner-Paving and Curb .................. 9.00 Form Setter-Paving and Curb .................. 9.24 Form Setter-Structures ......................... 9.09 Laborer-Cowanon ................................ 7.32 Laborer-Utility ................................... 8.94 Mechanic ......................................... 12.68 Oiler ..............................................10.17 Servicer ...........................................9.4i Painter-Structures ............................... 11.00 Pipe Layer ........................................ 8.98 Blaster ............................................11.50 Asphalt Distributor Operator .................. 10.29 Asphalt Paving Machine ..................... 10.30 Broom or Sweeper Operator .................... 8.72 Bulldozer ....................................... 10.74 Concrete Curing Machine ...................... 9.25 Concrete Finishing Machine .................. 11.13 Concrete Paving Joint Machine ............... 10.42 Concrete Paving Joint Sealer .................. 9.00 Tmck Driver Lowboy/Float ................... 10.44 Truck Driver-Transit Mix ...................... 9.47 Tmck Driver- Winch ............................ 9.00 Vibrator Operator-Hand Type .................. 7.32 Welder ........................................... 11.57 Concrete Paving Saw ................................ 10.39 Concrete Paving Spreader ........................... 10.50 Slipform Machine Operator .......................... 9.92 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel ........................... 11.04 Foundation Drill Operator Crawler Mounted ..... 10.00 Foundation Drill Operator Truck Mounted ....... 11.83 Front End Loader ..................................... 9.96 Milling Machine Operator ........................... 8.62 Mixer .................................................. 10.30 Motor Grader Operator Fine Grade ............... 11.97 Motor Grade Operator ............................... 10.96 Pavement Marking Machine ......................... 7.32 Roller, Steel Wheel Plant-Mix Pavements ......... 9.06 Roller, Steel Wheel Other Flatwheel or Tamping ......................................... 8.59 Roller, Pneumatic, Self-Propelled .................. 8.48 Scraper .................................................. 9.63 Tractor-Crawler Type ............................... 10.58 Tractor-Pneumatic .................................... 9.15 Traveling Mixer ....................................... 8.83 Wagon-Drill, Boring Machine ..................... 12.00 Reinforcing Steel Set, er Paving .................... 13.21 Reinforcing Steel Setter St'mcmres ................ I3.31 Steel Worker- Structural ............................ 14.80 Spreader Box Operator .............................. 10.00 Work Zone Barricade ................................. 7.32 Truck Driver-Single Axle Light ..................... 8.965 Truck Driver-Single Axle Heavy .................... 9.02 Truck Driver -Tandem Axle Semi Trailer ......... 8.77 1-22 Bidding Documents SECTION 2 CONTRACT DOCUMENTS T H E C I T Y 0 F COPPELL STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the C~ ,c; day of lv'~ in the year 2005 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and WHITEWATER CONSTRUCTION, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the excavation and re-grading of existing barrow ditches, removal of existing and laying of new culvert pipe, removal and replacement of all or a portion of the public portion of existing driveways, removal of an asphalt intersection and replacement of said intersection with reinforced concrete pavement, block sodding of all disturbed areas and any other incidentals necessary to complete the work as shown on the plans and included in the contract documents known as DR 04-01, "Oakcrest Drainage Project" All work shall be completed in accordance with said plans and contract documents, the City of Coppell Standard Construction Details, NCTCOG Third Edition Standard Specifications and all local, state and federal requirements. Construction shall begin at the downstream (south) end on each side of Oakcrest Lane and proceed uninterrupted to completion on the upstream (north) end. All initial sawing may be done at one time prior to the beginning of excavation. Concrete shall be removed immediately prior to pipe installation or new concrete installation. Where concrete is being removed to allow installation of the culvert pipe, a three-foot wide section shall be removed, the culvert pipe shall be installed according to the detail on Sheet Four of the plans, and additional gravel or stabilized sand shall be added to bring the trench to the elevation of the existing driveway. Prior to the concrete replacement these driveways shall be cut a second time one foot outside either side of the first cut. This concrete shall be removed and properly disposed of. Each section shall be prepared and replaced according to the details on Sheet Four of the construction plans. The driveways at 500, 504, 508, 516 and 520 are to be removed and replaced in their entirety from the edge of the asphalt pavement to the property line. It is imperative that the Contractor work closely with those respective residents in order to provide access at all times. 2-2 Contract Documents' There is no on street parking on Oakcrest Lane. The Contractor shall coordinate with each property owner the excavation and replacement of the concrete driveways. The Contractor should be prepared to provide steel plating or alternative means for the maintenance of access when and where required. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for Oakcrest Drainage Project # DR 04-01. 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 Oakcrest Drainage Project - No. DR 04-01 Bid No. Q 03-05-01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENG1NEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 40 Calendar Davs from the date when the Contract time commences to run as provided in Item 1.13 of the General Provisions, and completed and ready for final payment in accordance with Item 1.51 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ 84~407.00. The total tangible personal property cost included in the contract sum is $ 42,000. 2-3 Contract Documents Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 1.51 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 1.52 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 1.51.4. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts the determination set forth in Item SC-1.20 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and 2-4 Contract Documents conditions of the Contract Documents, including specifically the provisions of Item 1.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 1.3, 1.20 and 1.21 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 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 CONTRACTOR concerning the Work consist of the following: 8.3. 8.4. 8.5. 8.6. 8.7. OWNER and This Agreement (pages 2-2 thru 2-7, inclusive). Exhibits to this agreement (immediately following this Agreement, inclusive). Certificate of Insurance. Notice of Award. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, latest edition. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-2 thru 3-10). Specifications bearing the title: "Construction Specifications and Contract Documents for "Oakcrest Drainage Project - No. DR 04-01 for the City of Coppell". 2-5 Contract Documents 8.8. Drawings entitled: "Oakcrest Drainage Project - No. DR 04-01 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 am attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 1.37 and 1.38 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any fights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENG1NEER on their behalf. This Agreement will be effective on ,2005. OWNER: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 CONTRACTOR: Whitewater Construction, Inc. 6640 Old Mexia Road Waco, TX 76705 BY: ~ TITLE: ~ ATT~ Address for givin~ices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works BY: TITLE: ATTEST: /~ 16c..--. - Address for giving notices: ?_o o.. ,.o. ~ WA~, ~ 7~ ~ (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2-7 Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner with Certificate of Insurance, which wilt be executed and bound here with final documents. 2-8 Contract Documents ACORD. CERTIFICATE OF LIABILITY INSURANCE cs. = OATE MM,B ~ITE-6 05/16/0S PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Jackson & Harmon Tns. Agency HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR 510 N. Valley Mills Dr., #701 ALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW. Waco TX 76710 Phone: 254-772-6074 Fax: 254-772-6864 INSURERS AFFORDING COVERAGE NAIC# INSURED iNSURER A: Bit~tinous Casualt~ INSURER B: Texas Mutual Insurance Com~; n~ Whitewater Construction, Inc. INSURERC~ Great American Insurance Co. 6640 Old Mexia Road INSURERD: Waco TX 76705 INSURER E: 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 LTR INBR~ TYPE OF INSURANCE POLICY NUMBER DATE (MWDD,*YY) DATE IMM~D/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I, 000,000 A X X COMMERCIALGENERALLIABILITY CLP3195845 09/01/04 09/01/05 PREMISESU~= lu;~c,,=U(EaoCcurence) $ 100 , 000 I CLAIMSMADE [~ OCCUR MEDEXP(Anyeneperson) $ 5000 PERSONAL & ADV INJURY $ 1 / 000 / 000 -- GENERAL AGGREGATE $ 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 2,000,000 PRO- 'POL'CY~JECT ~LOC Emp Ben. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ I i 000 i 000 A X ~Y^UTO CAP3195843 09/01/04 09/01/05 (Eaa~ident) -- (Per person) HIRED AUTOS BODILY INJURY (Per accident) -- (Per a~ident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $  ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ i, 000,000 A ~ OCCUR [] CLAIMSMADE CUP2573955 09/01/04 09/01/05 AGGREGATE $ $ X~ DEDUCTIBLE $ RETENTION $10 ~ 000 S WO.RB.B MP..GAT'O" ANO I TORY L,M,TS I XinU' EMPLOYERS'UABILITY TSF0001109515 10/01/04 10/01/05 EL EACHACCIDENT $ 1000000 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? EL. DISEASE-EAEMPLOYEI $ 1000000 SI~EC~L PROVISIONS below EL DISEASE - POLICY LIMIT $ 1000000 OTHER C Install/Builders R IMP6696849 09/01/04 09/01/05 $1,000DED $2,000,000. C ~-T~.~w,~-t Floater IMP6696849 09/01/04 09/01/05 $1~000DED Per Schedul DEBCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDSD BY ENDORSEMSNT I SPECIAL PROVISIONS Re: Oakcrest Drainage Project #DR04-01. Certificate holder is named as additional insured on auto and general liability policies. Waiver of Subrogation in favor of certificate holder on workers compensation policy. CERTIFICATE HOLDER CANCELLATION City of Coppell ATTN: Ken Griffin P.O. Box 9478 255 Parkway Blvd. Coppell TX 75019 ACORD 2{; (2001/08) CITCO-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W/LL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE 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/ BenABTHO=B REPREBENTA 7 -- 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 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 (2001/08) 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 individual 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 and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. 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 fom~ attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. 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 0~f!8/03 "i'~ 12:26 F~ 9728693130 ****% ** OLD REPLBLIC Old Republic Insurance Company (O1¢ ReDubIlcl as scent for: Old Republic Surer), Company. Bituminous Casua,y Corporation, and International Business & Mercantile REassurance Co. TO B E A'~'AC_H, Ep,'TQ.AND FO~M PAP~ OF C_.~..NTRACT~.BO, ND NUMB~ER; ~ ! 0RII I R- OLICYHOLDER DISCLOSURE BiTUMINOUS CASUAL,-Y CORPORATION 222 W LAS COLINAS S.'TE "TT&.q, IRVING, TX 75916-,'T955 830-5~3-9591 NOTICE OF TERRORISM INSURANCE COVERAGE Rldar has b=en provld=d to PHncipal and Obllgee, Cov~ral;~e for a~ of t~odsm Is In~ ud~ ~n ~ ~pfioned' bonB. You should ~ ~a~ e~e Novem~ 26, 2~2, un~r ~ bon~, any I~ ~US~ by ~ ~ of ~dsm would be papally mimbu~ Unfed ~ ~nder a ~ule ~llsh~ by fede~ i~, Und~ ~is fo~ule, the Un~ S~tes pays 90% of ~ve~ te~o~sm Ios~s ~ng ~e ~nly ~blished dedu~ble paid by Oid RepubN=. annu~ dedu~ble is ~ual ~ 7% of ~e p~or ~a~ dt~ ~med p~ium w~en by Old Republic for losses incu~ in 2003, 10% f~ losses Jncu~ in 20~, and'15% ~r ]os~ In~ in 2005. Pa~t for a Io~ ~]1 not ~ ~e time of ~lf~ under th~ bond. ~is b~d ~11 not pay ~ any potion of ~d ~dsm I~s ~yond ~y ~plJ~ble annual liabil~ ~p set fo~ in ~e A~ ~e te~s of~ls d~r d~ not p~]de ~ge ~ ~y ices. · at Would o~Jse be ex~ud~ by ~e ~s of ~b bon~. ~ defined ~ S~on 102(1 ) of ~s Te~o~sm ~sk Insu~n~ ~ of 2002, a ~ "a~ of ter~dsm" ~ns any a~ ~t Js ~ed by ~e Se~e~ of ~e Tr~su~, ]n ~n~n~ ~ ~a Se~e~ of S~ ~d the A~omey Genii of ~e 'Unl~d S~tes, m ~ ~ a~ of te~Hsm. To be ceASe, ~e act ~ m~fism mu~ be: 1 ) a violent a~ oran a~ ~at la dangerous ~ human lee, pmpe~, or intercom; 2) have resul~ in da~ge within Un~ S~t~, or ~ide ~e UnE~ S~t~ In ~e ~e of an ~r ~' ~r v~seJ, or ~e pmmis~ of a UnJ~ St~es minion; and 3) have been ~mm~ by ~ J~MduaJ ~ individuals a~ng on behaE of ~y ~gn ~ ~ign I~e~s~ as pa~ ~ an ~o~ ~ coer~ ~e ~alan popuia0on of ~e United ~t~ ~ [o [~uen~ the pdi~ or ~ ~e conduct ~ ~e UnEed S~t~ Government by You h~e a right to purch~e Jnsu~n~ ~verage f~r lessee arising from temori~, or y~ may ~oose the ~ase. ~e ~um you have been ~arged ~r ~is brand in~ud~ ~ofism ~verag., ~r e premium ~fc~ you mum pay ~lh[n 30 days ~ ~Js o~r. THE PREMIUM C~RGED FOR .THIS COVE~GE DOES NOT . INCLUDE ANY CH~GES FOR ~E POR~oN OF LOS~ COVERED BY THE ~DE~L GOVERNMENT UNDER THE ACT. No~: ~ y~u ~e~ the oove~pe, you ~ust c~e~k ~e box befow, sion th;s ~, and retu~ pddr~ shown abgve. The Premium wlU be c~dftad. ~ I her~ ele~ ~ have ~e ~usl~ of :effodsm ~&'age apply to ~ bSnd, I undem~nd ~ ~ve~ge for losses arising from acts of teffodsm. Bond Ob!igae'S Sfgnatura Pr[pt Name. Date James E. Les /- Vice President - Old Republic Insurance Company President - Old Republic Su~eby Company Vi''~ President - Bituminous C. asuatty Corpo,-atlcp Vice President - Infamational Bus]ness & Mercantile REassurance Ca. ORSC 22~3~ ('I/20~3) Attach to all corl~act bonds as a cover page. Scan822, May 16, 2005.max PERFORMANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } whose address is ~b~O ~~grt~, ~f£~9, /~. %~;~ , hereinafter called Phncipal,~d ~d ~~j ~ ~~ , a co~oration org~ized ~d existing undertthe laws of the State of ff~ff~d fully licensed to trisect business in the State of Texas as Surety, ~e held ~d f~ly bound ~to the CITY OF COPPELL, a municipal co~oration org~ized ~d existin~ ~der ~e laws of~e State of T~a?, he.after ~alle~ "~e~efici~", in the genal s~ of ~ ~~~ ($ ~ ~ 0q, ~ ) in law~l money of the United States, to be paid in Dallas Co~ty, Texa~ for the pa~ent of which sm well ~d truly to be made, we bind o~selves, our heirs, executors, administrators ~d successors jointly ~d severally, fimly by these presents. This Bond shall automatically be incre~ed by the mount of ~y Change Order or Supplemental A~eement which increases the Contract price, but in no event shall a Ch~ge Order or Supplemental A~eement which reduces the Contract price decre~e the penal sm of~is 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 ~ [v'~ of ~ , A.D. 20 0~'- , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of Oakcrest Drainage Project - No. DR 04-01 Bid No. Q 03-05-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 2-10 Contract Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 one of which shall be deemed an original, this the oQ~?-'¢~ day of ~tg,.~tot copies, each ,2006'. PRINCIPAL Title: ATTEST: SURETY Resident Agent of the Surety in Dallas or Denton County, Texas, for deliver[f of notice and service of the process is: NAME: ADDRIESS: Jackson & Harmon Insurance 510 Vall y Dr., Waco, Texas 76710 NOTE' Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2-11 Contract Documents PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS } whose address is{t~tDd?d 772g rt)l(a'/ld..71/d, ao , hereinaaer called Pfinci3al, ~d ~d '~ ~~~ , a co~oration org~ized and existing under ~e laws of th~ State of~~ hlly licensed to tr~sact business in the State of Texas as Surety, ~e helda ~a c~h. h~,~ ,,~d f~l" bo~d unto the CITY OF COPPELL, a municipal co~oration org~ized ~d existing under the laws af the State oL T~as, herinafter falle~ "~qnefici~",,in the/penal sm of ~_~~ ~ ~~ ~~/[~ -~ ~OLL~S ~q~ ~g ~ ) in law~l money of the United States, to be paid in Dall~ County, Texag, for the pa~ent of which sm well ~d truly to be made, we bind ourselves, our heirs, executors, adminis~ators ~d successors jointly ~d severally, fi~ly by these presents. This Bond shall automatically be increased by the mo~t of ~y Ch~ge Order or Supplemental A~eement which increases the Contract price, but in no event shall a Ch~ge Order or Supplemental A~eement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the .O. Iv*t~'--of 3q,,.o..7 , A.D. 20 t~' , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of Oakcrest Drainage Project - No. DR 04-01 Bid No. Q 03-05-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying 2-12 Contract Documents the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in ~ copies, each one of which shall be deemed an original, this the a,q ~""~ day of ~ ,20 O~ · PRINCIPAL SURETY By: Title: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: Jackson & Harmon Insurance NAME: 510 N. Valley Mills Dr., Ste. 701 Waco, Texas 76710 ATT T: / ADDRESS: NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2-]3 Contract Documents MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } /~.,.KN.~W AL~__ ,MEN BYe.x THESE PRESENTS: THAT ~~ L- ~/&0t4./'~A./lU/~t '~-.7~7/L~, as Principal, and /~6~ '~e~ObL~d~ ,. _~..4,O,t, i4Z?u?~-(~.._,er/4d52/.4~, a corporation organized under the laws of 0 F~4f~,/a~~I.9 -' ~/J / ,as sureties, do her.~byA express~ a~know,le.dg~/themselv~s to be held and bound to pay unto the [~f~i~ ~ ~1 ..___P~2.t~ _, a Mu.niqipal Corpg,ratig~, Texas,__.the sum of ~ ~ ,{~-~'~t 'k~ --,~d,b~t7 ~'t,~'L~ tit~ ~4/LP_..e.~ Dollars and [ _.~O//O-t~-~ents.($ ~.. ~]'~.. ~,'~, ~O ), for the payment of which sum will and~tmly b~ made unto said ~ ~,':~ tOJ l0_ ~0,D~ , and its successors, said principal and sureties do hereby bind themselveS, [h-elr a~igns ~ successors jointly and severally. T~j~/,...~li.gatio~n~. is //conditi.~ed; _~ho~vever, ~a~t whereas, the said has this d'a~, entered into a written contm~t With the said ! t/~7~t t~f t''~t ~ to build and construct Oakcrest Drainage Project - No. DIg 0~-01, wh~h ~n~act/,/~cl the plans and specifications therein mentioned, adopted by the /~,~.,,tg~ ~ are hereby expressly made a part thereof as through the same were written{and d~6odied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to ~o maintain ~nd repair said work, then these presents shall have full force and effect, and said ///t~r'! ~/ ~ shall have and receive from the said Contractor and its' principal ~n"~"/'ure~s darn~g~ in th-e premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, 2-14 Contract Documents and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said a caused these ~_mscnts_.~o be .ex. ecuteckby and the said ~t~ 7~)g4JA~_/ ~]0.//4gt/t/~ h~,,c~used ~hes~o be executed by its Attorney in fact and the said Attor~, in ~'act t , has hereunto set his hand, the ~] ~O'~-~ day of ~Ct~ ' ,20tO~' . PRINCIPAL SURETY / WITNESS: NOTE: Date of Maintenance Bond must not be prior to date of Contract. 2-15 Contract Documents' POWER OF ATTORNEY KNOW ALL MEN BY THE~E PRESENTS: That OLD REPUBL C NSURANCE COMPANY '~ PennsYlvania stock insurance corporation, does make, constitute and appoint: GEOR~ M. ~ON, III;; RHONDA REBBER, ANDREw R. ~SR~, [ROW~ ~ACKSON, GAYLA CLARK~ 0F wACo~ TX -- affix the ee~l of the company thereto (if a seal is required), bOnds, undertakingS; recognizances or other wri~h ~bli~tiohs in the natute thereof, (othe~ than serf- nsurance workers COmportsat on bond~ guarantee ng payment of benefits asbestos abatement contract ;bonds _ waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EX~W,~ AN AGGREGATE OF TWO MILLION ~LLARS($2,000,000) ............ .~£~,' ~- .... FOR ANY SINGLE OBLIG~TTON, REGARDLESS OF THE NUMBER OF INsTRUMENTs ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC INSURANCE COMPANY thereby; and all ~f the aote of said Attorn,eys-ln-Fact, pursuant to these preSents, are ;ratified and ~enf rmedl This dOCument s not valid unleas pnnted on colored background and ~ mQIti-colored, ~is appointment is made u~det and by authority of the b0ard of dirsc~ors at a special meeting held on May 29, 1986. Th~ pbwe? of Attorney is signed and sealed ~by lacs m e under and by the author ty of the fo ow ng reso ut onS adopted by the board of direCto~ of ~he OLD REPUBLIC INSURANCE --:cOMPANY on May 29 1986. RESOLVED FURTHER that the chairman; president or any vice-president of the Company's surety di~!~i0n,:~h conjunction with the secretary or any assistant secretary of the Company, be and hereby are authorized and directed to ex~e and deliver, to such persons as such officers of the Company may deem appropr ate, Powers of Attorney in the form presented to and attached to the minutes of this meeting, authorizing such persons tO execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds guarantees of installment paper and note guaranty bonds The said officers may revoke any Power of Attorney prewousiy granted to any such person The authority of any Power of Attorney granted by any such officer of the Company as aforesaid shall not exceed five million dollars ($5 000,000100}, except (a) bonds requ red to be filed as open penalty bOnds and(b)' bonds filed with any court or governmental authority requiring an unlimited penalty in bonds filed in that court. RESOLVED FURTHER, that any b~nd; undertaking, recognizance, or suretyship obli.g, etion shall be Valid and binding upon the Company (i) ;when Signed bY the chairman, Pres dent or any v ce pres dent of the Company S surety d v s on and attested and sealed (if a seal be r~utred) by ahy SeCretary or aSSistant secretary; or (ii) when signed by a duly authorized attorney-in.fact and sealed with the seal of the Company (if a sea! be required):: RESOLVED FURTHER, that the signatOte°f any offcer dss gnated above and the Seal of the Company may b~ affix~ by; facsimile t.o a. ny Power of Attorney or certification thereof authorizing the execUt on and delivery of any bond, unoertaking recognizarme~ or other suretyship obligations of the Company, and such signature; and seal when so used shall have the same force and effect as though manualty affixed. IN WiTNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has caUSed these presents to be signed by its proper officer, and its -- corporate Seal to be affixed this ~ day of STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS jAMES E. LEE On this 2ATT3 day of MARC~ , ~nnA , personally came before me, and GERALDINE J. STELTER to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation. and that said corporate seal ancl thei[ signatures as such officers were duly affixed and subscribed t0~ said instrument by the authority of the board of directors of said organization. No a~J u CERTIFICATE a~ commission expires: I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporationi cERTIFY t~t the foregoing and attached power of attorney remains in full force and has not been revoked; and furthermore, that the Res01ut cns ~ th~ board of d rectors set !0rth in the Power of Attorney, are now in io~Ce. -- 9 3 - 817~7 ,,,,~',~:';~% ~-.~,~'" "~'% Signed and sealed at the City of Brookfle'd' ~.. JACKSON & ~,~NsU~CE ORSC 11006-R (9/96) IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call Old Republic Surety Company, Old. Republic Insurance Company Bituminous Casualty Corporation, and/or International Business & Mercantile REassurance Company's toll-free telephone number for information or to make a complaint at: 800-217-~792 or 262~797-2640 You may also write to Old Republic Surety Company, Old Republic Insurance Company, Bituminous Casualty Corporation, and/or International Business & Mercantile REassurance Company at: Attn: Claims Department P.O. Box 1635 Milwaukee, WI 53201 - or street address - Attn: Claims Department 445 S. Moorland Road, Suite 301 Brooldield, WI 53005 You may contact the Texas Department of Insurance to obtain information on companies. . coverages, rights or complaints at: 800-252-3439 You may wHtethe Texas Department oflnsurance at: p.O. Box149104 Ausfin, TX78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to compIy with Section 2253.048, Government Code, and Section 53.202, property Code, effective September 1, 2001. ©RSC 22823 Scan823, May 16, 2005,max SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E C I T Y 0 F COPPELL 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 1N FULL FORCE AND EFFECT AS AMENDED. PART I: GENERAL PROVISIONS - DIVISION 1 PROPOSAL REQUIREMENTS ITEM 1.0 - DEFINITIONS SC-I.O 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. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 1.15 - SURETY BONDS SC-1.15 Add following sentence to Item 1.15 (A): "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements fora2 year ' " period. 3-2 Standard Specifications Supplementary Conditions ITEM 1.16 - NOTICE TO PROCEED SC-1.16 Add following sentence to end of Item 1.16. Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 1.22.5, 1.28 and 1.51.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ITEM 1.19 - PRIORITY OF CONTRACT DOCUMENTS SC-1.19 Add the following language at the end of the Item 1.19: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." ITEM 1.20 - CORRELATION AND INTENT OF DOCUMENTS SC-1.20.1 Amend the first sentence of Item 1.20.1 by changing "such copies" to be "five copies". Add the following to the end of Item 1.20.1: "In the preparation of Drawings and Specifications, ENGINEER has established and relied upon the following reports of explorations and tests of subsurface conditions at the site of the work: No geoteclmical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to subsurface conditions." SC-1.20.5 Add the following new Item 1.20.5 immediately after Item 1.20.4: 1.20.5 Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR 3-3 Standard Specifications Supplementary Conditions shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract. ITEM 1.22 - CONTRACTORS RESPONSIBILITIES SC-1.22.5 Amend the first sentence of Item 1.22.5 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor". ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC-1.24.2.1 Add the following new Item 1.24.2.1 immediately after Item 1.24.2: 1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless fi'om and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such dan~age or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive 3-4 Standard Specifications Supplementary Conditions remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor. ITEM 1.26 - INSURANCE SC-1.26.6 Add the following new item: 1.26.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-1.26.7 Add the following new item: 1.26.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no 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 the words "one year" to "two years". ITEM 1.32 - WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; FINAl, CLEANUP SC-1.32.1 Delete Item 1.32.1 in its entirety and insert the following in lieu thereofi "Construction stakes/surveying shall be provided by the CONTRACTOR. Vertical control has been established as shown on the construction plans. Horizontal control can be established from existing inlets, street intersections or other utilities indicated on the construction plans. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the 3-5 Standard Specifications Supplementary Conditions requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein." ITEM 1.33 - OTHER CONTRACTORS~ OBLIGATION TO COOPERATE SC-1.33 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 1.33: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 1.36." ITEM 1.36 - DELAYS~ EXTENSION OF TIME~ LIQUIDATED DAMAGES SC-1.36 Add the following at the end of the last paragraph in Item 1.36: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." ITEM 1.37 - CHANGE OR MODIFICATION OF CONTRACT SC-1.37 1.37.1 Amend the last sentence in Paragraph two of Item 1.37.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 1.37.1. "The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 3-6 Standard Specifications Supplementary Conditions ITEM 1.49 - OWNER'S~ EMPLOYEES OR AGENTS SC-1.49-2 Replace Item 1.49.2 with the following new paragraph: 1.49.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ITEM 1.58 - STATE AND LOCAL SALES AND USE TAXES SC-1.58 Delete Item 1.58 and substitute the following in lieu thereof: 1.58 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the 3-7 Standard Specifications Supplementary Conditions tax exemption. Upon execution of the construction contract, the contractor shall fumish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. PART II: MATERIALS - DIVISION 2 MATERIALS ITEM 2.1.5 - TRENCH BACKFILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.6 - RIPRAP OR STONE MASONRY: (b) Materials and Dimensions (4) Mortar Riprap. Add the sentence: Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387-83. ITEM 2.1.7 - PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe manufacturer, and shall be approved by the Engineer". (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." ITEM 2.2.2 - CHEMICAL ADMIXTURES: (d) Mineral Admixtures. Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. 3~8 Standard Specifications Supplementary Conditions PART III CONSTRUCTION METHODS DIVISION 3 - SITE PREPARATION ITEM 3.1.2 - CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3 - DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART 11I DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4 - CONSTRUCTION METHODS: (b) Compaction Amend the last sentence of the first paragraph, by striking the words: "90 percent of the maximum dry density of such material." and replace with the words "95 percent of the maximum dry density of such material, or as directed by Engineer. PART III DIVISION 5 - PAVEMENT/SURFACE COURSES ITEM 5.8.2 - CONSTRUCTION METHODS: (e) Joints (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. (C) Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer". 3-9 Standard Specifications Supplementary Conditions (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2) Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART III ITEM 6.2.9 - DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material" and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." 3-10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H F. 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 Subdivision Ordinance (Ord. #94-643) shall apply. In addition, reference to the following shall be considered as refeiring 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. N.E.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 Electrical Manufacturers Association Water Pollution Control Federation Texas Department of Transportation Standard Specifications for Public Works Construction North Central Texas Texas Commission on Environmental Quality Texas Manual on Uniform Traffic Control Devices Occupational Safety and Health Administration Texas Accessibility Standards Americans with Disabilities Act 4-2 Specific Project Requirements 1.1 OWNER: The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 9478, Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER only. 1.5 PROJECT DESCRIPTION: This work shall consist of the excavation and re-grading of existing barrow ditches, removal of existing and laying of new culvert pipe, removal and replacement of all or a portion of the public portion of existing driveways, removal of an asphalt intersection and replacement of said intersection with reinforced concrete pavement, block sodding of all disturbed areas and any other incidentals necessary to complete the work as shown on the plans and included in the contract documents known as DR 04-01, "Oakcrest Lane Drainage Improvements." All work shall be completed in accordance with said plans and contract docmnents, the City of Coppell Standard Construction Details, NCTCOG Third Edition Standard Specifications and all local, state and federal requirements. Construction shall begin at the downstream (south) end on each side of Oakcrest Lane and proceed uninterrupted to completion on the upstream (north) end. All initial sawing may be done at one time prior to the beginning of excavation. Concrete shall be removed immediately prior to pipe installation or new concrete installation. Where concrete is being removed to allow installation of the culvert pipe, a three-foot wide section shall be removed, the culvert pipe shall be installed according to the detail on Sheet Four of the plans, and additional gravel or stabilized sand shall be added to bring the trench to the elevation of the existing driveway. Prior to the concrete replacement these driveways shall be cut a second time one foot outside either side of the first cut. This concrete shall he removed and properly disposed 05 Each section shall be prepared and replaced according to the details on Sheet Four of the construction plans. The driveways at 500, 504, 508, 516 and 520 are to be removed and replaced in their entirety from the edge of the asphalt pavement to the property line. It is imperative that the Contractor work closely with those respective residents in order to provide access at all times. 4-3 Specific Project Requirements 1.6 1.7 1.8 1.9 1.10 There is no on street parking on Oakcrest Lane. The Contractor shall coordinate with each property owner the excavation and replacement of the concrete driveways. The Contractor should be prepared to provide steel plating or alternative means for the maintenance of access when and where required. Work shall include all components necessary for the "tum key" construction of the project as shown in the plans for the Oakcrest Drainage Project # DR 04-01. CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. SOIL INVESTIGATION: A geotechnical 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 he responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross- sections, and dimensions shown on the Drawings. Any deviation fi-om the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 4-4 Specific Project Requirements 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractors' responsibility for his own quality assurance/quality control testing. Contractor shall replace any deficient construction items at his own expense. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outlined in this project. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under the pay item entitled "Furnish, Install and Maintain Traffic Control Devices". The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. 4-5 Specific Project Requirements 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, ban'icades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to famish the necessary flagmen, waming devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of waming devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental to the pay item entitled "Furnish, Install and Maintain Traffic Control Devices". 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 stmctures. 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 all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. 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 4-6 Specific Project Requirements 1.17 1.18 1.19 1.20 1.21 1.22 1.23 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. DRAINAGE: The Contractor shall maintain adequate drainage at all times. PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. CLEANUP: During Construction. The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. 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 shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4- 7 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 1.2 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 DRAWINGS: 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 information 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. 1.3 PRODUCT DATA: 1.4 1.5 Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. Manufacturers standard schematic drawing sand diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 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. 4. Conformance with specifications. 4-8 Specific Project Requirements C. 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. 1.6 SUBMISSION REQUIREMENTS: Make submittals promptly and in such sequence as to cause no delay in the work or in the 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 title. 3. The names of: a. Contractor b. Supplier c. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on resubmittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a\coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a register engineer on all structural submittals. D. REVIEW: Shop drawing and product data information review will be general. Such review will not relive the contractor of any responsibility and work required by the Contract. 4-9 Specific Project Requirements 1.7 1.8 Satisfactory shop drawings will be so designated and all sets, except four (4), retumed to the Contractor. Rejected shop drawings will be so designated and all sets except two (2) will be retumed 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 the 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. 4-10 Specific Project Requirements SECTION 5 DESCRIPTION OF PA Y ITEMS T H E C I T Y 0 F COPPELL o SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the contractor can fully understand the scope of work involved in the Pay Items. 2,2. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, (b) removal of spoils, (c) water for construction, (d) surveying to establish grade, (e) patching of asphalt, (f) all saw cutting and (g) 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 of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction", latest addition, unless modified by these special provisions. Mobilization & Demobilization: This pay item shall consist of the initial mobilization for the construction of the project. This pay item shall be inclusive of any and all mobilizations and demobilizations associated with the project. Measurement and Payment shall be as follows: one-half the mobilization and demobilization shall be paid with the first pay estimate. On all subsequent pay estimates, measurement and payment shall be prorated on the basis of the percentage of project completion plus the initial 50% payment. (i.e., after one-half of the project has been completed, then the contractor will be paid for 75% of the mobilization pay item, etc.) Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Remove & Dispose of Concrete Flatwork: This pay item shall consist of the removal and disposing of existing concrete paving, including driveways and sidewalks, in the limits of this project as shown on the construction plans. Saw cutting shall be full depth and shall be subsidiary to this Pay Item. Removal of the pavement within the repair areas shall be accomplished leaving a clean vertical side. Damaged vertical sides will be resawed, removed and replaced at the contractor's expense. The limit of pay will only be to the original saw line. All spoils shall be removed from the job site at the c ' ontractor s expense. 5-2 Description of Pay Items 2.3. 2.4. 2.5. 2.6. 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 labor, materials, tools, and equipment necessary to complete the work. Remove & Dispose of Asphalt Paving: This pay item shall consist of the removal of the asphalt paving at the intersection of Sandy Oak Lane to the limits shown on the plans for the construction of the concrete valley gutter. Saw cutting shall be full depth and shall be subsidiary to this Pay Item. Removal of the pavement within the repair areas shall be accomplished leaving a clean vertical side. Damaged vertical sides will be resawed, removed and replaced at the contractor's expense. The limit of pay will only be to the original saw line. All spoils shall be removed from the job site at the contractor's expense. Removal shall be to the depth required for construction of the valley gutter including the 6" CTB and 6" concrete paving to the grades shown in the plans. Any concrete curb and gutter that falls within the limits of this removal shall also be removed, and is considered subsidiary to the pavement removal. 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 labor, materials, tools, and equipment necessary to complete the work. Remove & Dispose of Existing Culvert: This pay item shall include the removal and disposal of existing driveway culverts. Existing culverts are to be removed in the locations shown on the plans for installation of new culverts. Existing culverts vary in size and material, however they will all be removed and properly disposed of under this pay item. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Excavate Ditch Line to Grade: This pay item shall consist of the grading of the ditches in the areas, and to the grades as shown on the plans. The contractor shall ensure that the excavation is deep enough so the installation of the block sod under item 2.15 brings the ditch line to the final grade. All spoils shall be removed from the job site at the contractor's expense. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Remove & Replace 3" Crape Myrtle: This pay item shall include the removal of one 3" crape myrtle as shown in the construction documents. The removal shall include stump and shall be in accordance with the City of Coppell and North Central Texas Council of Government standards. The replacement shall 5-3 Description of Pay Items be of the same type and size crape myrtle, and shall be planted after completion of the grading work. The tree shall be planted in the location as directed by the city inspector. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.7. Remove & Re-set Mailbox (Brick): This pay Item shall consist of the removal and replacement of existing brick mailboxes within the limits of the project that are in the way of the grading operation. The quantity shown in the bid schedule is for establishing a unit price, and may not reflect the actual number affected by the project. The contractor shall meet with the city inspector after staking the alignment to determine which, if any, mailboxes will need to be relocated. At that time, the quantity will be established. Any additional mailboxes damaged by the contractor shall be repaired or replaced at the contractor's expense. Any properties that have mailboxes to be removed and re-set shall be supplied with a temporary mailbox for the duration of the project. The contractor shall ensure that the delivery of mail is not interrupted during this work. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.8. Remove & Re-set Mailbox (Other Than Brick): This pay Item shall consist of the removal and replacement of existing mailboxes constructed of material other than brick within the limits of the project that are in the way of the grading operation. The quantity shown in the bid schedule is for establishing a unit price, and may not reflect the actual number affected by the project. The contractor shall meet with the city inspector after staking the alignment to determine which, if any, mailboxes will need to be relocated. At that time, the quantity will be established. Any additional mailboxes damaged by the contractor shall be repaired or replaced at the contractor's expense. Any properties that have mailboxes to be removed and re-set shall be supplied with a temporary mailbox for the duration of the project. The contractor shall ensure that the delivery of mail is not interrupted during this work. Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.9. Adjust Water Valve Box: This pay item shall consist of the protection and adjustment of a water valve box located in the driveway at 520 Oakcrest Lane. The contractor shall protect the existing box for adjustment during the concrete removal. The box shotild then be adjusted to the proposed grade of the driveway. 5-4 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.10. Furnish & Install 12" RCP Culvert: This pay item shall consist of the installation of approximately 142 linear feet of 12" Class RCP. This RCP will constructed in various length sections as indicated in the plans to replace the existing culverts removed under pay item 2.4. All joint material shall be omni flex joint gaskets. The backfill shall be stabilized sand from the bottom of the trench to the bottom of the proposed driveway. Measurement and Payment shall be made on the basis of the price bid per linear feet (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work including the RCP, joint material, embedment material and backfill. 2.11. Construct 6" Concrete Driveway: This pay item shall consist of the construction 6" concrete driveways in the areas shown on the plans for driveway replacement as well as the areas where replacement is necessary from the installation of new culverts. All concrete shall be Class 'A' concrete with a minimum cement content of 5 sacks/per CY and a minimum compression strength of 3000 psi/28 days. No fly ash will be permitted. All concrete shall be placed, distributed and densified to the required lines and grades. In all areas where new concrete abuts existing concrete, the vertical sides are to be doweled with #3-bars epoxy embedded 6" into the sides at 12" O.C. Reinforcement steel shall be a minimum #3 bar, on 24" centers with 30 diameters bar laps and shall be supported by bar chairs spaced adequately to support the weight of the concrete during placement. This pay item shall be inclusive of all necessary doweling, joint sealing, placement of expansion joint material, patching of asphalt, all saw cutting, etc. to complete the work. 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 labor, materials, tools, and equipment necessary to complete the work. 2.12. Construct 6" Concrete Valley Gutter: This pay item shall consist of the construction 6" concrete valley gutter at the intersection of Sandy Oak Lane. All concrete shall be Class 'C' concrete with a minimum cement content of 6 sacks/per CY and a minimum compression strength of 3600 psi/28 days. No fly ash will be permitted. A monolithic curb is included at the connection to the existing curb and gutter section then it tapers down to no curb as shown in the details. This curb is subsidiary to the paving, and no additional payment will be made for the curb. The concrete is to be placed on a 6" thick layer of compacted CTB as shown in the plans and details. The CTB should extend a minimum of 12" beyond the limit of the paving. This CTB is considered subsidiary to the construction of the valley gutter, and no additional payment will be made for the CTB. Description of Pay Items All concrete shall be placed, distributed and densified to the required lines and grades. In the area where new concrete abuts the existing concrete curb and gutter, the vertical sides are to be doweled with three #3-bars epoxy embedded 6" into the existing curb and gutter section. Reinforcement steel shall be a minimum #3 bars, on 18" centers with 30 diameters bar laps and shall be supported by bar chairs spaced adequately to support the weight of the concrete during placement. After placement of the concrete, the entire new concrete section shall receive a coat of approved white pigmented curing compound applied by use of a sprayer capable of producing an even and thorough coverage. Six cylinders shall be obtained for testing on the 7th, 14th and 28th days. Pavement may be placed in service when a strength of 3600 psi is reached on the 7th or 14th day breaks. If the 28-day break does not obtain 3600 psi, then the pavement shall be removed and replaced at the contractor's expense. Construction joints shall be per the City of Coppell Standard Specifications with silicone sealer at all joints This pay item shall be inclusive of all necessary doweling, joint sealing, patching of asphalt, saw cutting, etc. to complete the work. For informational purposes, this item consists of approximately 105 square yards of paving, however; Measurement and Payment shall be made on the basis of the price bid per Lump Sum (LS) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.13. Construct 4" Concrete Sidewalk: This pay item shall consist of the construction of 4" concrete sidewalk in the areas shown on the plans for installation of RCP culvert under existing sidewalk. Replacement should be in accordance with the City of Coppell standard details for sidewalk construction. All concrete shall be Class 'A' concrete with a minimum cement content of 5 sacks/per CY and a minimum compression strength of 3000 psi/28 days. No fly ash will be permitted. All concrete shall be placed, distributed and densified to the required lines and grades. In all areas where new concrete abuts existing concrete, the vertical sides are to be doweled with #3-bars epoxy embedded 6" into the sides at 18" O.C. Reinforcement steel shall be a minimum #3 bar, on 24" transverse and 18" longitudinal spacing with 30 diameters bar taps and shall be supported by bar chairs spaced adequately to support the weight of the concrete during placement. This pay item shall be inclusive of all necessary doweling, joint sealing, placement of expansion joint material, saw cutting, etc. to complete the work. 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 labor, materials, tools, and equipment necessary to complete the work. 2.14. Furnish & Install Block Sod: The entire width of the disturbed area shall be sodded with like turf material. The type of grass may vary from lot to lot, and the contractor shall provide sod matching the existing turf on a lot by lot basis. All sod provided shall be live, healthy vigorous, free of insects, disease, 5-6 Description of Pay Items stones, and undesirable foreign materials or grasses. Sod shall be of the machine cut variety with a thickness of one-inch (1") plus or minus ¼ inch. The soil should be prepared by tilling, removing any debris, and fine grading prior to laying of sod. When laid, the sod should bring the ditch to the final grade as shown in the plans. The sod should be fertilized with a minimum of one pound per one thousand square feet of sod, or as specified by fertilizer manufacturer. The contractor shall be responsible for watering the sod for a minimum of 30 days from the initial installation. The contractor is responsible for providing the water, and watering frequently enough for the establishment of the sod. No use of private water from the adjacent homes will be allowed. At that time the engineer shall inspect sod for uniform growth and establishment. If the sod is established and growing vigorously the city will release the contractor from maintenance responsibility, however if the sod is not established, the contractor will be responsible for remedying the situation up to and including replacement of sod with new material. Any irrigation systems damaged during the project will be repaired to as good or better condition and to the satisfaction of the properly owner. It is the contractor's responsibility to obtain utility locations. Any damage to existing utilities will be the sole responsibility of the contractor. Measurement and Payment shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Seventy-five percent of the payment will be made when sod is installed. Final payment will not be made until the thirty-day inspection is complete. 2.15. Furnish, Install & Maintain Traffic Control Devices: This pay item shall consist of the placement of the required traffic control devices in accordance with the TMUTCD, City of Coppell and NCTCOG Standards and Specifications. Inclusive with this pay item will be the requirement for the submittal ora Traffic Control Plan for the project as a whole. The traffic control plan should include a schedule for the closure of the intersection of Sandy Oak Lane. The duration of this closure should be kept to a minimum. Access to the adjacent homes shall be maintained throughout the duration of the project. Methods of accomplishing this should be detailed in the traffic control plan. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.16. Furnish, Install, Maintain & Remove Erosion Control Devices with SWP3 Plan: This pay item shall be subject to the Texas Commission on Environmental Quality's (TCEQ) requirements for construction. Under the Texas Pollution Discharges Elimination System (TPDES) construction general permit (TXR 150000) and operator of a construction site that 5- 7 Description of Pay Items will disturb one(l) or more acres is required to obtain a permit for the discharge of storm water runoff. The contractor will be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SWP3) and then depending on the size of the activity, either submit an NOI to the TCEQ or post a notice on site. The SWP3 must describe and insure the implementation of practices that will be used to reduce the pollutants and storm water discharges associated with construction activity and insure compliance with the conditions and terms of the permit. The SWP3 shall be subject to approval by the City and the SWP3 must be retained on site or notice must be posted SWP3 is retained offsite. Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SWP3 including any necessary revisions throughout the duration of the construction contract and for providing the fiscally erosion control measures throughout the duration of the construction contract as delineated in the approved in the SWP3 and shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. For payment purposes this will be prorated throughout the course of the project based on the percentage of the project complete. 5-8 Description of Pay Items