1-4 - 2017 COG Specification Revisions.pdf

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SPECIAL PROVISIONS

The Standard Specifications for this project are the "Public Works Construction Standards”, 2017 Edition, as published under the authority of the North Central Texas Council of Governments.

A. Special Provisions to the General Provisions of the Standard Specifications:

1. Technical specifications (Special Specifications), if included, in the Contract document package shall supersede the standard specifications.

2. Prospective bidders may make written request to the City Engineer for clarification and alterations in the plans, specifications, and form of contract. Such request must be received by the City Engineer no later than 2:00 p.m. on the Wednesday first preceding the Thursday on which the bids are to be opened. The City Engineer will be the sole judge as to the necessity to an addendum or letter of clarification. Oral statements shall in no way be considered as part of the contract and will not be considered as binding.

3. Three (3) sets of the contract documents, exclusive of the "Public Works Construction Standards" referenced above will be furnished without charge to the CONTRACTOR for construction purposes. Additional copies may be obtained from the City at actual reproduction cost.

4. Item 102.3 Examination of Plans, Specifications and Site of the Work: Add the following paragraph after Paragraph 2:

In preparation of Drawings and Specifications, The ENGINEER has established and relied upon the following report of explorations and tests of subsurface conditions at the site of the work: Geotechnical Exploration – Timber Creek Sanitary Sewer Line, Off Lakepointe Drive near Waters Ridge Drive, Lewisville, Texas dated September 2020 prepared by ALPHA Testing in Dallas, Texas. The technical data contained in such report is the log of borings shown for Borings B-1 through B-4 provided in the Appendix of the report and represents the conditions only at the point of the borings at the time the borings were made and are furnished for general information only. Copies of these reports are included in these documents. Variations from the conditions indicated by the borings shall not be used as a basis for a claim of changed conditions. The CONTRACTOR may take borings at the site to satisfy themselves as to subsurface conditions prior to bidding.

5. Item 102.4. Preparation of Proposal: Sentence 4 shall be changed to read: "In the cases of discrepancy between unit prices and amounts, the unit price shown in figures shall stand and the amount and total will be adjusted to correspond to the unit price shown".

6. Item 103.3.1.1. Performance Bonds: The last sentence of this paragraph is hereby deleted and replaced with: This Bond shall provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appears within a period of two years from the

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date of acceptance of the improvements project by the Lewisville City Council.

7. Item 103.3.3. Sureties: The following applies to Surety Bonds:

Texas Government Code Title 10, Chapter 2253

“(d) A bond required by this section must be executed by corporate surety in accordance with Chapter 3503, Texas Insurance Code.”

Texas Insurance Code Section 3503.005. Additional Requirements for Certain Bonds

“(a) A bond that is made, given, tendered, or filed under Chapter 53, Property Code, or Chapter 2253, Government Code, may be executed only by a surety company that is authorized to write surety bonds in this state. If the amount of the bond exceeds $100,000, the surety company must also:

(1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or

(2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that:

(A) is an authorized reinsurer in this state; and

(B) holds a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law.

“(b) To determine whether the surety on the bond or the reinsurer holds a certificate of authority from the United States secretary of the treasury, a party may conclusively rely on the list published in the Federal Register by the United States Department of the Treasury, covering the date on which the bond was executed, of the companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies. A purchaser, insurer of title, or lender acquiring or insuring an interest in or title to real property may also conclusively rely on, and is protected by, a statement on a recorded bond or a sworn, recorded statement by the surety that refers to the specific recorded bond and states that, at the time the bond was executed, the surety complied with Subsection (a)(1) or (2).”

8. Item 103.4.1 Contractor’s Insurance: Sentence 3 shall be changed to read: “Certificates of each policy be delivered to the OWNER before any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled, renewed or materially changed without 30 days advance written notice being given to the OWNER, except when the policy is being canceled for nonpayment of premium, in which case, 10 days advance written notice is required.”

9. Item 103.4.1.1 Worker’s Compensation: This paragraph is hereby deleted and replaced with:

Workers’ compensation as required by Texas law, with the policy endorsed to provide a waiver

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of subrogation as to the OWNER; employer’s liability insurance of not less than $500,000 for each accident, $500,000 disease, - each employee, $500,000 disease policy limit.

10. Table 103.4.2.1(a) General Liability Insurance Minimum Coverage: The amount of Personal and Advertising Injury and the amounts for Each Occurrence are hereby changed from $600,000 to $500,000.

11. 103.4.1.3 Automobiles: This paragraph is hereby deleted and replaced with: Automobile liability, covering owned, hired, and non-owned vehicles, with a combined single limit of no less than $500,000.

12. 103.4.2 OWNERS Protective Liability Insurance: Delete this section

13. 103.4.3 “Umbrella” Liability Insurance: add the following to the end of the paragraph: “Any combination of underlying and Umbrella or Excess limits can be used to provide total liability limits.”

14. 103.4.5 Policy Endorsements

103.4.5.1 Endorsements: replace entire text of item (3) with the following: “The term “OWNER” shall include all officers, officials, employees, Board and Commissions, and volunteers”

15. 103.4.5.2. Insurance Requirements: add the following:

A. MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage “occurrence” form CG 00 01 (10 01). Claims Made” for is unacceptable.

2. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance.

3. Automobile Liability – as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. Coverage not required for delivery services.

B. MINIMUM LIMITS OF INSURANCE

Contractor shall maintain throughout contract limits not less than:

1. Commercial General Liability: $500,000 per occurrence/$1,000,000 aggregate for bodily injury, personal injury and property damage. Policy will include coverage for:

a. Premises – Operations

b. Broad Form Contractual Liability

c. Products and Completed Operations

d. Use of Contractors and Subcontractors

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e. Personal Injury

f. Broad Form Property Damage

g. If applicable, Explosion Collapse and Underground (XCU) Coverage, Fire

Damage, and Medical Expenses.

NOTE: The aggregate loss limit applies to each project.

2. Workers’ Compensation and Employer’s Liability: Workers’ Compensation Statutory limits as required by the Labor Code of the State of Texas and Employer’s Liability minimum limits of $500,000 per injury, $500,000 per occurrence, and $500,000 per occupational disease.

3. Automobile Liability - $500,000 Combined Single Limit. Limits can only be reduced if approved by the HR Director or designee.

4. Builders’ Risk Insurance (as applicable) – Completed value form, insurance carried must equal the completed value of structure.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductible or self-insured retentions must be declared to and approved by the City.

D. OTHER INSURANCE PROVISIONS

The policies are to contain, or be endorsed to contain the following provisions:

1. General Liability and Automobile Liability Coverages

a. The City, its officers, officials, employees, Boards/Commissions and volunteers are to be added as “Additional Insured” as respects liability arising out of activities performed by or on behalf of the vendor, products and completed operations of the vendor, premises owned, occupied or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. It is understood that the business auto policy under “Who is an Insured” automatically provides liability coverage in favor of the City. The coverage shall include defense of claims against the City as additional insured.

b. The vendor’s insurance coverage shall be primary and non-contributory insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the contractor’s insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, Boards and Commissions or volunteers.

d. The vendor’s insurance shall apply separately to each insured against whose claim is made or suit is brought, except to the limits of the insured’s liability.

2. Waiver of Subrogation – All coverages

Each insurance policy required by this section shall waive all rights of subrogation

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against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the vendor for the City.

3. Notice of Cancellation - All Coverages

Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given the City, or ten (10) days prior written notice for non-payment of premium.

E. ACCEPTABILITY OF INSURERS

The City prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A-:VI, or, A or better by Standard and Poor’s.

F. VERIFICATION OF COVERAGE

Contractor shall furnish the City with certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be provided on forms approved by the Texas Department of Insurance. City will not accept Memorandums of Insurance or Binders as proof of insurance. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

G. HOLD HARMLESS AND INDEMNIFICATION

THE CONSULTANT/CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND

HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS

AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGEMENTS, COSTS AND

EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY

DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS

SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE

OUT OF OR BE OCCASIONED BY CONSULTANT’S/CONTRACTOR’S

BREACH OF ANY OF THESE TERMS AND CONDITIONS OR BY ANY

NEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION OR INTENTIONAL

TORT OF CONSULTANT/CONTRACTOR, ITS OFFICERS, AGENTS,

EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS

AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THE

PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM

THE SOLE NEGLIGENCE OR FAULT OF THE CITY, IT’S OFFICERS, AGENTS,

EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT

AND CONCURRING NEGLIGENCE OR FAULT OF THE

CONSULTANT/CONTRACTOR AND THE CITY, RESPONSIBILITY AND

INDEMNIFY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH

THE LAW OF THE STATE OF TEXAS, WITHOUT WAIVING ANY

GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS

LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER

TEXAS LAW AND THE CITY’S REASONABLE ATTORNEY’S FEESSHALL BE

REIMBURSED IN PROPORTION TO THE CONSULTANT’S LIABILITY. THE

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PROVISIONS OF THIS PARAGRAPH ARE SOLEY FOR THE BENEFIT OF THE

PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY

RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR

ENTITY.

H. PROOF OF INSURANCE

Contractor is required to submit proof of insurance on a form acceptable to the City of Lewisville. Certificates of Insurance similar to the ACCORD form are acceptable. City will not accept Memorandums of Insurance or Binders as proof of insurance. City, at its own discretion, may require a copy of any policy presented to the City.

I. STATE REQUIREMENTS FOR WORKERS COMPENSATION INSURANCE

As required by: 28 Tex.Admin.code §110.110(c)(7):

A. Definitions:

Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

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D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

(2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) obtain from each other person with whom it contracts, and provide to the

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contractor:

(a) a certificate of coverage, prior to the other person beginning work on the project;

and

(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

16. Item 105.1.1. Priority of Contract Documents is revised as follows: Insert the words "addenda (last over first)" between "Proposal" and "Special Provision".

17. Item 105.1.3. Contract Drawings and Specifications: Obtaining copies of NCTCOG Public Works Construction Standards is the responsibility of the CONTRACTOR.

18. Item 105.2.2. Special Warranty: The first sentence of this paragraph is hereby deleted and replaced with:

"If within two years after the final acceptance of the work by the OWNER, as evidenced by the final certificate of acceptance or within a longer or shorter period of time as may be

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prescribed by law or by the terms of any other special warranty on designated equipment, any of the work is found to be defective or not in accordance with the contract documents, the CONTRACTOR shall correct it promptly after receipt of a written notice from the OWNER to do so".

19. Special Provision to Item 105.3. Shop Drawings, Product Data and Samples: add the following:

"Review of Shop Drawings by the CITY and/or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformance with the plans and specifications and shall not relieve the CONTRACTOR of his duty as an independent contractor. It being understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules or any means or methods reflected thereby in relation to the safety of either person or property during the contractor’s performance hereunder."

20. Item 105.4: “Construction Stakes” is amended to the extent that the ENGINEER will provide initial horizontal and vertical control and construction staking for the project. The ENGINEER will provide the following construction staking:

a. Verify and re-establish the design baseline and monuments set for horizontal and vertical control.

b. Stake construction limits for clearing.

c. Stake rough cut/fill stakes for grading.

d. Stake rough cut/fill stakes for paving.

e. Stake final cut/fill stakes for paving.

f. Set line and grade stakes for storm drain lines.

g. Stakes will be set at a minimum of 50-foot intervals at all PCs, PTs, PIs, grade changes, inlets, and other appurtenances. The CONTRACTOR will determine the offset distance

h. Staking will be performed one time only. ENGINEER will make one additional trip back to the site to replace lost or destroyed stakes. Additional lost or destroyed stakes will be replaced at the CONTRACTOR’S expense.

i. A minimum of five (5) working days’ notice will be given by the CONTRACTOR.

Staking requests should be addressed to the ENGINEER.

j. The CONTRACTOR will set all blue tops and be responsible for all staking not specifically provided above.

k. The CONTRACTOR shall provide any additional stakes and other materials and incidentals necessary for the correct construction of all facilities at no additional

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charge. It is the CONTRACTOR’S sole responsibility to ensure the correctness of any additional stakes and that the work is constructed to the lines and grades shown on the plans.

21. Item 105.6 Supervision by Contractor: The CONTRACTOR shall designate a full-time superintendent, with at least 5 years of roadway and drainage experience and who also shall be on the job site at all times during construction including times when work is being performed by subcontractors. The OWNER'S Representative will communicate only with the superintendent.

The CONTRACTOR may replace the designated superintendent by written notification to the

OWNER.

22. Special Provision to Item 105.7.1. Authority of the Engineer: add the following:

“The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith.

Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR’S or sub-contractor’s agents, or employees or any other person, firm or corporation performing or attempting to perform any of the work.”

23. Item 106.5: Samples and Tests of Materials: Delete the first and last paragraphs on Item 106.5 and replace with the following:

“The CONTRACTOR shall engage the services of an acceptable testing laboratory company to perform all required testing services. The CONTRACTOR (not the OWNER) shall pay all costs for these services, including any retesting after failure to pass tests. The CONTRACTOR shall obtain OWNER’S acceptance of the testing laboratory before having the services performed.”

Written reports of tests and engineering data furnished by CONTRACTOR for OWNER’S review shall be submitted as specified in Item 105.3, “Shop Drawings, Product Data and Samples” and as modified by the Special Specifications.

24. Special Provisions to Item 107.3. Indemnification: delete Item 107.2. in its entirety and substitute the following:

"The CONTRACTOR and his sureties shall indemnify, defend and save harmless the OWNER and all of their officers, agents and employees, Engineer and all of its officers and employees from all suits, actions or claims of any character, name and description brought

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for or on account of any injuries, including death or damages received or sustained by any person, persons or property on account of the operations of the CONTRACTOR, his agents, employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR, his agents, employees or subcontractors in the execution of said contract;

or on account of the failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost, which may be obtained against the OWNER or Engineer growing out of such injury, including death or damage."

25. Item 107.12. Supervision and Construction Procedures: The CONTRACTOR'S attention is drawn to paragraphs 1 and 4 of this item and paragraphs 1 and 3 of Item 105.6.

26. Item 107.25. Project Clean-Up: All objectionable surplus and waste material due to construction shall be removed from the site at the CONTRACTOR'S expense.

27. Item 108.1. Progress Schedule: add the following paragraph:

“The CONTRACTOR shall submit to the OWNER a construction schedule setting out items of construction, road closings, detours, utility interruptions, limits, times and actual dates. If the schedule is acceptable to the OWNER, the OWNER will approve it; if the schedule is unacceptable, it will be returned to the CONTRACTOR for revision and resubmittal. If the CONTRACTOR wants to deviate from the approved schedule, he must submit a revised schedule to the OWNER for consideration. The entire work shall be prosecuted in a continuous manner in accordance with the approved schedule. Proposed stockpile locations must be approved by the OWNER prior to depositing material. The CONTRACTOR shall update this schedule on a monthly basis.”

28. Item 108.5. Subcontracts: add the following paragraph:

"The CONTRACTOR shall perform with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than 50 percent of the value of all work embraced in the contract exclusive of items not commonly found in contract for similar work and exclusive of items that require highly specialized knowledge, craftsman and/or equipment not ordinarily available in the organization of CONTRACTORS performing work of the character embraced in the contract". For the purpose of evaluating the percentage of work performed by subcontractors, the cost of all equipment, supplies, and materials used or installed on the project by subcontractors shall be considered as part of the work of subcontractors. This will apply even if the contractor supplies and pays for some or all equipment, supplies, or materials used by subcontractors.

29. Item 108.8. Delays; Extension of Time; Liquidated Damages: Delete the first paragraph of Section 108.8. and replace with the following:

“The CONTRACTOR hereby agrees that no work will be performed on CITY holidays or on Sundays. In addition, he agrees that work will be performed between 7:00 a.m. and sunset on weekdays and between 8:00 a.m. and 6:00 p.m. on Saturdays. The only exception to the preceding will be the performance of work in response to emergency situations and/or when directed to work by the OWNER. Construction Work at the intersection of Surf Street and

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Main Street shall be performed between 11:00 p.m. and 5:00 a.m. after coordinating with the OWNER. Also, the CONTRACTOR hereby concurs that the preceding has been taken into account in setting the contract time.” The CONTRACTOR will be responsible for reimbursing the City of Lewisville for overtime charges for construction inspection services on Saturdays, Sundays and all City holidays. The overtime charges will be based on the top of range overtime rate for an Engineering Construction Inspector plus eighteen percent (18%) per hour and a minimum of four (4) hours will be charged for each occurrence of such service.

The overtime charges will be billed on a monthly basis. Failure to pay for these services will result in delaying the final acceptance and payment.

“The CONTRACTOR shall be entitled to an extension of working time under this contract only when claim for such extension is submitted to the OWNER in writing by the CONTRACTOR within seven days from and after the time when any alleged cause of delay shall occur; and then only when such time is approved by the OWNER. In adjusting the working time for the completion of the project, the OWNER will consider delays due to acts of God, or the public enemy, acts of the OWNER, fires, floods, epidemics and quarantine restrictions. The OWNER may, but is not obligated to, take into account any unforeseeable causes of delay which the OWNER considers beyond the control and without the fault or negligence of the CONTRACTOR. It is anticipated that during the course of the contract, inclement weather (rain or freezing temperatures) will hinder or prevent work. The contract time has been established assuming that up to 20% of the contract days will be inclement weather days, during which no work can be performed. No extension of time will be granted for such inclement weather days. The OWNER may grant an extension of time for inclement weather days beyond 20% of the contract time but is under no obligation to do so.”

30. Item 109.3. Payment for Extra Work: Replace the first sentence of 109.3.1. General; with the following:

“No work shall be undertaken which requires extra payment without having executed a change order or field change approved by the CONTRACTOR and the OWNER, except when specifically ordered to do so in writing.”

31. Item 109.5. Monthly Estimate, Partial Payments, Retainage, Final Inspection, Acceptance and Final Payment

Delete from the first paragraph of 109.5.1: "The monthly estimate may include acceptable non-perishable materials as referenced in 109.2."

Add in its place, the following:

The OWNER will pay for materials on hand only under the following conditions:

a. The CONTRACTOR shall provide proof of payment for the materials.

b. The materials shall be secured in a manner acceptable to the OWNER.

c. Payment will not be made for small items, and other items not easily measured.

d. No payment will be made for small quantities of material on hand (less than 0.5 percent of the contract amount).

e. No payment for materials on hand will be made for items such as paint, mastics, cement, and other similar materials.

32. Delays associated with delivery of materials of appurtenances by the manufactures will not

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be considered for any extension of contract time. It shall be the sole responsibility of the CONTRACTOR to ensure that the materials are manufactured and delivered on time.

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B. Special Provisions to the Materials and Construction Methods of the Standard Specifications:

Only items in the Proposal are Pay Items. Other specification items will be complied with;

however, their measurement and payment provisions are hereby deleted.

The price bid shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the work, shall be included in the unit and lump sum prices bid. All work not specifically set forth as a pay item in the Proposal shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the prices bid.

Work that is subsidiary to pay items includes, but is not limited to the following:

Additional surveying and construction staking, coordination with franchise utilities, confirming location of franchise utilities, temporary fencing, maintaining water and wastewater service to adjacent properties; sodding, topsoil and establishment of a growth of grass outside of pay limits; placement of sod in all remaining disturbed areas after contract time has expired, temporary irrigation, removal of waste material from the site; tree protection;

replacement of property markers or monuments disturbed; removal of pipe (not covered in pay items), pipe fittings, bends, concrete thrust blocks, valve stack risers, concrete valve boxes, testing, replacement of landscape irrigation systems, surface drains and subdrains damaged during construction; protection against flooding; dewatering of trenches or subgrade; concrete and/or asphalt pavement replacement (in areas outside of the pay limits that was damaged by the contractor); additional traffic control not in the plans; clean up; and all other work required to complete the project and restore the areas of construction to their preconstruction condition.

Special provisions to the materials and construction methods of the Standard Specifications as applicable to the Proposal Pay Items are as follows:

1. Payment for “Mobilization” is based on a price bid per lump sum (LS). The amount bid for these items shall not exceed five (5) percent of the Total Amount Bid. If the bid for these items exceeds 5% of the total amount bid, the amount more than 5% will be paid on the project progress estimates throughout the duration of the project, with the amount determined by the percent complete on all other bid items for the project.

2. Payment for “Prepare Right-of-Way” is based on a price paid per lump sum (LS). It will include the area within the right-of-way and easement limits shown on the plans. Work includes, but is not limited to: all obstructions above or below ground such as trees, shrubs, stumps, brush, roots, vegetation, logs, trash concrete, concrete driveways, culverts, curb and gutter, asphalt pavement, fences, structures, foundations, lumber, scrap metal, abandoned appliances, sprinkler systems, abandoned utility pipes or conduits, and any other items not included as pay items elsewhere in the contract documents but

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necessary for the preparation of the easement and/or permanent or temporary easements for construction.

The maintenance or relocation of street signs is considered part of this item. This item also includes the protection of any trees, shrubs, fences, structures, signs, or other items that are to be preserved or relocated as shown on the plans. This pay item also includes removal of improvements or obstructions not specifically provided for in other pay items of the bid proposal. This pay item includes the temporary relocation and reinstallation of mailboxes. All materials removed will be properly disposed of offsite in a timely manner.

Disposal of materials in City of Lewisville City limits must be taken to Waste Management.

3. Payment for “Trench Safety System Development, Design, And Implementation” is based on price bid per linear foot (LF) for the actual implementation of the trench safety excavation and support system required for construction activities and is total compensation for furnishing the design and all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. This pay item consists of the design and implementation of a trench safety excavation and support system required for construction activities.

The Contractor must furnish a site-specific trench safety plan prior to construction. The system must meet the requirements of the Occupational Safety and Health Administration (OSHA). The Contractor is directed to become knowledgeable with the standards as set forth by OSHA and to provide a viable trench safety system at all times during construction activities. The Contractor is responsible for conforming to all trench safety regulations as prescribed by OSHA standards. This pay item includes all additional excavation, backfill, pavement reconstruction and repair made necessary by the protection system. There is no separate payment for excavation protection made necessary due to the selection of an optional design or sequence of work that creates the need for the protection system. The trench safety plan must be signed and sealed by a Texas Licensed Professional Engineer.

4. Payment for the “Remove Existing Manhole”, is based on the price bid per each (EA) and is total compensation for removal, disposal and furnishing all labor, materials, equipment, backfill, and any other incidentals necessary to complete the work. All work to be in accordance with City of Lewisville and NCTCOG.

5. Payment for the “Removal and Replacement of Existing Block Retaining Wall”, is based on the bid per lump sum (LS) and includes full compensation for removal, disposal, and furnishing all labor, materials, equipment, backfill, and any incidentals necessary to complete the work. Remove and replace retaining wall as shown on the plans. All material to be equal or better-quality materials. CONTRACTOR will notify the property owner a minimum of 72 hours in advance of retaining wall removal. All work to be in accordance with the City of Lewisville.

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6. Payment for “Removal and Replacement of Existing Chain Link Fence ” is based on bid price per linear foot (LF) and is total compensation for removal, disposal, and furnishing all labor, materials, equipment, backfill, and any incidentals necessary to complete the work. Remove and replace fencing to the right of way line or as shown on the plans. All fencing material to be equal or better-quality materials. CONTRACTOR will notify the property owner a minimum of 72 hours in advance of fence removal. All work to be in accordance with the City of Lewisville.

7. Payment for “Furnish and Install 7-foot Dia Manhole ” is based on bid price per each (EA) basis and is total compensation for furnishing all labor, materials, excavation, form work, concrete, reinforcing steel, backfill, equipment and any other incidentals necessary to complete the work. This item includes connecting to the sanitary sewer conduits.

Construct sanitary sewer manhole in accordance with the plan details and City of Lewisville.

8. Payment for “Furnish and Install 7-foot Dia Manhole w/ Added Depth Greater Than 6-foot” is based on the bid per vertical foot (VF) and includes full compensation for labor, materials, and incidentals for constructing a complete manhole to the elevations shown on the plans. All work to be in accordance with the City of Lewisville.

9. Payment for “Furnish and Install 7-foot Dia Manhole w/ Interior Drop” is based on the bid per each (EA) and includes full compensation for furnishing all labor, materials, equipment, delivery, excavation, embedment, backfill, manhole frame and cover, steps, connections, drop connections, foundations, and any other incidentals necessary to complete the work. This pay item will consist of the installation of concrete sanitary sewer manholes with interior drop connections of the specified diameter and ductile iron bolt down lid in the locations and to the depths shown on the plans. The manhole will include all appurtenances necessary for a complete manhole installation.

10. Payment for “Furnish and Install 8-foot Dia Doghouse Manhole” is based on bid price per each (EA) basis and is total compensation for furnishing all labor, materials, excavation, form work, concrete, reinforcing steel, backfill, equipment and any other incidentals necessary to complete the work. This item includes connecting to the sanitary sewer conduits. Construct sanitary sewer manhole in accordance with the plan details and City of Lewisville.

11. Payment for “Furnish and Install 8-foot Dia Doghouse Manhole w/ Added Depth Greater Than 6-foot” is based on the bid per vertical foot (VF) and includes full compensation for labor, materials, and incidentals for constructing a complete manhole to the elevations shown on the plans. All work to be in accordance with the City of Lewisville.

12. Payment for “Furnish and Install Temporary Bypass Pumping” is based on the bid per lump sum (LS) and includes full compensation for labor, materials, and incidentals for bypass pumping to avoid disrupting sewer flow during construction of the new sewer main.

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The CONTRACTOR must have pumps on the job site capable of handling the peak wet weather flow at the location shown in the plans. The CONTRACTOR must have staff available 24/7 to monitor pumps when pumps are running. The location of each service line be determined prior to construction. The unit price includes all measures required to maintain sanitary sewer service at each residence during construction of the new main.

13. Payment for “Remove and Dispose of Concrete Flatwork (Driveways, Sidewalk)” is based on the price bid per square foot (SF) and includes the cost of saw cutting, removing, and disposing off-site the existing pavements, curb and gutter, driveways, alleys, sidewalks, flumes, concrete-lined channel and riprap. Neatly sawcut flatwork along straight lines as shown on the plans and to the nearest joint.

14. Payment for “Unclassified Excavation” is based on the bid per cubic yards (CY) and is compensation for furnishing all labor, materials, equipment, and any other incidentals necessary to complete the work. All excavation, grading, embankment, and wasting of surplus and unsuitable material are included in this bid item. This item includes over-excavation of deleterious materials and replacement with competent soils or material as required.

15. Payment for “Replace 5-inch Concrete Sidewalk” is based on the price bid per square foot (SF) and is total compensation for furnishing all labor, materials, equipment and any other incidentals necessary to complete the work. Construct concrete sidewalks in accordance with the City of Lewisville Standard Details and plan details. Connection to existing concrete sidewalks is subsidiary to this item.

16. Payment for “Replace Concrete Driveway” is based on the bid per square yard (SY) and includes full compensation for labor, materials, and incidentals to include the cost of saw cutting, removing, and disposing off-site the existing pavement, curb and gutter, driveways, alleys, sidewalks, flumes, concrete lined channel, and rip rap. Neatly sawcut all flatwork along straight lines and to the nearest joint in location shown in plans.

Connection to existing concrete driveway is subsidiary to this item. All work will be in accordance with City of Lewisville and NCTCOG.

17. Payment for “Replace 6-inch Curb and Gutter” is based on the bid per linear foot (LF) and will include full compensation for labor, materials, and incidentals to include the cost of saw cutting, removing, and disposing off-site the existing pavement, curb and gutter, driveways, alleys, sidewalks, flumes, concrete lined channel, and rip rap. Neatly sawcut all flatwork along straight lines and to the nearest joint in location shown in plans.

Construct concrete curb and gutter in accordance with the City of Lewisville Standard Details and plan details. Connection to existing concrete curb and gutter is subsidiary to this item. All work will be in accordance with City of Lewisville and NCTCOG.

18. Payment for “Sawcut, Remove, and Replace Concrete Pavement 6-inch Thick” is based on the bid per square yard (SY) and includes full compensation for labor, materials, and incidentals to include the cost of saw cutting, removing, and disposing off-site the existing pavement, curb and gutter, driveways, alleys, sidewalks, flumes, concrete lined channel and rip rap. Neatly sawcut all flatwork along straight lines and to

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the nearest joint in location shown in plans. All work will be in accordance with City of Lewisville Standard Details in the locations shown in the plans and NCTCOG.

19. Payment for “Seeding and Site Restoration, Including All Related Items” is based on the price bid per square yard (SY) and is total compensation for furnishing all materials, equipment, and labor including fine grading, placing the topsoil and hydromulch seeding or solid sod, rolling and tamping, fertilizing, water, disposal of waste materials, and any other incidentals necessary to complete the work. Payment is based on plan quantities given in the bid schedule for this item.

Install soil retention blanket on all side slopes where specified immediately after seeding.

Use American Excelsior Company Curlex I Soil retention blanket or approved equal.

Install soil retention blanket by rolling mat parallel to the direction of water flow and in accordance with manufacturer’s recommendations. No more than 50% of this item will be paid until 100% grass coverage has been established to the satisfaction of the Owner.

This pay item consists of all work, materials and incidentals necessary to restore grass in all disturbed areas to an equal or better condition than prior to construction. Disturbed areas along the length of the project will be fine graded and cut to receive grass as determined by the Owner. Place topsoil in low areas to bring them to grade. Topsoil will consist of a friable, dark clayey loam material that is free of lumps, stones, and other extraneous material obtained from borrow sources. Unless otherwise directed by the Owner, grass matching the species that existed prior to construction or the species adjacent to the disturbed areas will be placed in all disturbed areas where improved lawn or established turf existed prior to construction.

Contractor is required to water, establish growth, and protect and repair any damaged areas until completion and final acceptance of the project by the Owner. It is the intent of the Owner that all disturbed areas along the project be restored. If there are areas outside of the project limits that are disturbed by the Contractor during the performance of this work, those additional areas will be restored in accordance with the requirements provided herein at the Contractor’s sole expense. Work will be in accordance with City of Lewisville and NCTCOG Item 202.5.

20. Payment for “Point Repairs (10 LF Each)” is based on the price bid per each (EA) and is total compensation for furnishing all labor, materials, equipment and any other incidentals necessary to complete the work. Excavate and perform point repairs accordance with the City of Lewisville Standards Details and plan set and NCTCOG.

21. Payment for “Erosion Control/Bank Stabilization” is based on the price bid per lump sum (LS). The amount bid for this item is paid over the duration of the project with the amount paid on each monthly progress estimate determined by the percent complete on all other bid items.

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This item includes installation and maintenance of silt fence, construction entrances, inlet protection, rock check dams, other erosion control features, and all costs for preparing, implementing and maintaining a Storm Water Pollution Prevention Plan (SWPPP), from the beginning of construction through final acceptance and establishment of grass coverage, including all fees and costs associated with submitting an NOI and not for both the CONTRACTOR and the City.

It is the CONTRACTOR’s responsibility to develop a SWPPP. the CONTRACTOR must submit 2 copies of the plan to the Owner for general conformance review. Once the SWPPP is deemed acceptable, the CONTRACTOR must obtain a National Pollutant Discharge Elimination System (NPDES) permit. The SWPPP is to be kept on the construction site and implemented throughout the construction duration. Once construction is complete, the system will be dismantled and removed from the site.

22. Payment for “Removal of Existing Trees” is paid for on an each (EA) basis and is total compensation for removal, disposal and furnishing all labor, materials, equipment, backfill, and any other incidentals necessary to complete the work. This item includes the costs of removal and disposal of trees 6 inches in diameter (measured at a height of 4.5 feet above the ground) or greater as determined by the Engineer or City inspector. Costs include the complete removal and disposal of tree, stumps, roots, and debris. Remove all organic material. Furnishing and compacting the replacement soil for tree removal area is subsidiary to this bid item. Costs to remove and dispose of trees less than 6 inches in diameter and identified by City inspector to be removed will be included in Bid item 2, “Prepare Right-of-way”.

Only remove trees, landscaping, and plantings located within the right-of-way.