New World Contracting, LLC - Sidewalk, Street & Alley Pavement Repairs-CN 2020-12-04City of Coppell Public Works Department
Routing Sheet for Approval of Contracts and Agreements
Vendor Name: New world Contracting LLC Date: 12/112020
Contracted Work/Project: Sidewalk Street& Alley Pavement Repairs
Explanation: New contract $96000000 for Sidewalk, Street& Alley Pavement Repaim
00 00
Council Approved: Yes / No If yes, Date: 1 1/1 012 0 20 Budget Approved: Yes / No
Ethics Certificate Required: Yes / No If Yes, Copy is Attached: Yes / No
® New Vendor ®Existing Vendor ®Renewing Contract
Routing Sequence: Initials Date
1. Employee initiating contract/agreement: Frank Garza FG 12/7
(Include W-9 & cotform ifvemm, is not in system.)
2. Supervisor Authorization: Jamie Motors in 1211
3. Purchasing Manager/Technician: -
(signature needed only if vendor is new to system or contract has been changed since last time used)
4. Director of Public Works Authorization: Kent Collins - `47
5. Deputy City Manager Authorization: Traci LeachNicki Chiavetta
Comments: _.....
& City Manager: Mike Land 44— —41"
Comments:
7. Originals back to Administrative Manager: Kyra Jansen
8. Copy of contract/agreement to Jennifer Miller: DYES / NO=
BID #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPA—
T H K- C I T Y- 0 F
COPPELL
1W,* Wr
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
BIDDING AND CONTRACT DOCUMENTS
Bid # Q-1021-03
OCTOBER 2020
BID #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
TABLE OF CONTENTS
Invitation to Bid. — .......................
Instructions to Bidders .................................................
Project Specifications—.- .............................................
Bid Summary and Conflict of Interest Questionnaire
Description of Pay Items ..............................................
Standard Fixed Price Agreement ................................
Corporate Acknowledgement .....................................
Performance Bond.. ............
Payment Bond..............................................................
Maintenance Bond ..................................... -................
For tills project, the Standard Specijtcations for Public BWrks Construction —North Central Texas Conacil of
Governments Fourth Edition, the City of Copped Standard Construction Details (Ord#2006-1129), and
Appendix `C' Design Criteria and Standards in the City of Coppell Snbdivishm Ordhou"e (Ord.#94-643) shall
govern all work to be done, together with may additional Supplementary Conditions, Specii lc Project
Requirements, General Notes, Description ofPay Items aadlor Technical Specifiedshms included herein.
CITY m,— ELLSmSWAL6, STaE¢T&ALLEY PAVEMENT—AmS P° 2
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
T H E. C I T Y - O P
CJPPELL
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E X A g 1 8 9 0
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
INVITATION TO BID
Bid # Q-1021-03
CITY OF COPPELL 3IOFWALK, STREET& ALLEY PAVEMENT. -I. .'® I
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
The City of Copped is accepting bids for the construction of Bid #Q-1021-03, SIDEWALK, STREET & ALLEY
PAVEMENT REPAIRS This proJerr is for an annual Contract commencing within thirty (30) days after the date of
the award and continuing for a 12 -month duration. The City of Coppell, City Council reserves the right to extend this
contract for three (3) additional one-year periods as it deems to be in the best interest of the city.
The enclosed Invitation To Bid and a ecmp crying Specifications with BlabStmet, are for year convenience in bidding
the enclosed referenced products and/or services for the City of Capped.
Digital copies of the bidding documents can be downloaded at www:BidSyno.com. To ensure proper notification of
Addendums, Bidders shall educe they are a registered plan holder on the plan holder's list.
Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Bid #Q-1021-03,
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS will be received at the City ofCoppeli, 265 E. Parkway
Boulevard, Copped], Texas, until 290 p.m. on Thursday, October 22, 2020, and then publicly opened and read aloud
mmotely via a Zoom meeting. Each Bidder shall submit two identical copies of this bid with the City of Connell Bid No.
#Q-1021-03 designated clearly on the exterior of the bid envelope.
A Non -Mandatory Pre -Bid Conference has been scheduled for this project at the Coppell City Haid (265 E. Parkway
Boulevard, Coppell TX 75019) at 2A0 p.m. on Thursday, October 15, 2020. Attendance at the Pre -Bid Conference is not
mandatory but strongly encouraged. The city is following social distancing protocols, and face masks are required inbe
orn in the building. Virtual attendance ofthe Pre -Bid Conference will be available via a Zoom meeting. Please confect
Charles Ellis, Procurement Services, at rellisQcoppellix.gov to receive a Zoom meeting invitation for the Pre -Bid
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. NO BID TRANSMITTED BY FAX WILL BE
ACCEPTED.
TWO CONTRACTS POTENTIALLY WILL BE AWARDED AS A PART OF ITHS INVITATION. The successful
qualified low bidder will be awarded 60% of the annual contract value and will service the area east of Denton Tap Road.
The successful qualified second low bidder will be awarded 400A of the annual connect value and will service the area
west of Denton Tap Road.
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 most be used in preparing Bids; the City of Coppell assumes no responsibility for
dreads 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 f sales her on tangible personal property to be Incorporated into the
project. (Note: This proeeduremaynet be used,however, for materials which do notbecome a part efthe finishedproduct,
such as, equipment rental or purchase, form materials, etc.). In order to be exempt to= the sales tae on such tangible
personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project
fiom charges far labor. The City will provide the Contractor with an exemption certificate forthematerials. The contractor
is expected to issue a resale certificate in lieu of paying a sales asset the time of purchase. The bidder shall show the cast
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.
All questions about the meaning or intent of the Contract Documents an, 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 willbe posted e, BFISync. The deadline for submitting questions shall be Friday, October20, 2020 at 5:00pm.
CITY OF OOPPELL smew—, 1-1 a ALLEY 1-mo—Rers-s uss, 4
Bid #Q-1421-03 SIDEWALK, STREET .& ALLEY PAVEMENT REPAIRS
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.
CITY OF cOPPELL SHONALK, STREET@ALL v1—sa NTu—nal Pages
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
T H E- C I T Y• 0 F
COPPELL
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
INSTRUCTIONS TO BIDDERS
Bid # Q-1021-03
CITY 0—PPELL SIRE —, —.El @ A-1 PAVE— REP— P-6
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Capped acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990.
Thus, in order to assist individuals with disabilities who require special services (Le sign interpretative services,
alternative audio/visual devices, and amanuenses) for participation in oraccess to the City m Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make request For these services seventy-two
(72) hours ahead oftha scheduled program, service molhu meeting. To make arrangements, contact Kori Allan, ADA
Coordinator or other designated official at (972) 462-514&
CITY oFCOPPELL -SIDEWALK, STREET & ALLEY PAVEMENT REPAmS Page r
Bid NQ -1021-03 SIDE WALK, STREET & ALLEY PAVEMENT REPAIRS
FUNDING: Funds for payment have been provided through the City of Copped budget approved by the City Council
for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the
fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise
past the end of the current fiscal year shall be subject to budget approval.
LATE BIDS. Bids received in the City of Coppell purchasing Department after submission deadline will be
considered void and unacceptable. The City of Coppell is not responsible for lateness or non-delivery of mail, carrier,
etc., and the date/time stamp in the Purchasing Department shall be the official time of receipt.
ALTERING BIDS: Bids cannot be altered car emended after submission deadline. Any interlineation, alteration, or
erasure made before opening time ..at be initialed by the signer fthe bid, guaranteeing authenticity.
WITHDRAWAL OFBID: A bid may not be withdrawn or canceled by the Bidder without the permission of the City
for a period of ninety (90) days following the date designated for the receipt of bids, and Bidder so agrees upon
submittal of there bid.
SALES TAX: The City of Coppell is exempt by law from payment of Texas State Sales Tax and Federal Excise Tax.
Bidder shall include any sales taxes from concession sales o£taxable items on City property in the total price of the
sale and shall be responsible to report and pay such taxes in a timely manner.
BID AWARD: The City reserves the right to award any combination of the sections as is deemed in the best interest
of the City. The City also reserves the right to not award one or more of the sections. Two contracts potentially will
be awarded as a part of this invitation. The successful qualified low bidder will be awarded 60% of the annual contract
value and will service the area east of DentonTap Road The successful qualified second low bidder will be warded 40%
of the annual contract value and will service the area west of Denton Tap Road.
CONTRACT: This bid, when properly accepted by the Ciry of Coppell, shall constitute a Contract equally binding
between the successful Bidder And the City. No different or additional terms will became a part of this Contract with
the exception of Change Orders.
CHANGE ORDERS: No oral statement of any individual 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 City's Purchasing Agent.
IF DURING THE life of Ore Contract, the successful Bidder's net prices to other customers for items awarded herein
are reduced below the Contracted price, it is understood and agreed that the benefits of such reduction shall be extended
to the City of Coppell.
A PRICE redetermination may be considered by the City only at the anniversary date of the Contract and shall be
substantiated in writing (i.e., Manufacturer`s direct cost, postage rates, Railroad Commission rates, WagetLabor rates,
etc.). The Bidder's past history of honoring Contracts at the bid price will be an important consideration in the
evaluation of the lowest and best bid. The City reserves the right to accept or reject anytall the price redetermination
as it deems to be in the best interest of the City.
ELY or COPPELL& EWALx,STREET& ALLEY PAVEMENT REPAras Px8<9
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPS
DELIVERY.. all delivery and freight charges (F.O.B. City of Coppell) are to be included in the bid price
DELIVERYTIME. Bids shall Shaw number of days required to place goods ordered at the City's designated location.
Failure to state delivery time may cause bid to be ushered, Suoeessful Bidder shall notify Che Purchasing Department
immediately if delivery schedule cannot be not. If delay is foreseen, successful Bidder shall give written notice to
the Purchasing Agent. The City has the right to extend delivery time if reason appears valid. Successful Bidder must
keep the Purchasing Department advised at atl times of the states of the order.
CONFLICT OF INTEREST: No public official shall have interest In this Contract, in accordance with Vemon's
Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter 171.
DISCLOSURE OF CERTAIN RELATIONSHIPS Effective January 1, 2006, Chapter 176 of the Texas Local
Government Code requires that any vendor or person considering doing business with a local government entity
disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a
conflict of Interest with a local government entity. By law, this questionnaire must be filed with the records
administrator of the City of Coppell not later than the 7"' business day after the data the person becomes aware of facts
that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if
the person violates Section 176.006, Local Government Code. An offense under this section is a Class C
misdemeanor.
ETHICS: The Bidder shall not offer or accept gifts of anything of value nor enter into any business arrangement
with any employee, official or agent of the City of Copped.
EXCEPTIONSISUBSTITUTIONS: All bids meeting the intent of this Invitation To Bid will be considered for
award. Bidders taking exception to the Specifications, or offering substitutions, shall state these exceptions in the
section provided or by attachment as part of the bid. In the absence of such, a list shall indicate that the Bidder has
not taken exceptions and shall hold the Bidder responsible to perform in strict accordance with the Specifications of
the Invitation. The City of Coppell reserves the right to secretary and mh or none, ofthe exeepfion(s)i substitutions)
deemed to be in the best interest of the City.
ADDENDA: Any interpretations, corrections, or changes to this Invitation To Bid and Specifications will be made
by addenda. Sole issuing authority of addenda shall be vested in the City of Coppell Purchasing Agent. Addenda will
be mailed to all who arc known to have received a copy of this Invitation To Bid. Bidders shall acknowledge receipt
.fall addenda.
DESCRIPTIONS. Any reference to model and/or makwinanufacturer used in bid Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City's purchasing Agent. Addenda will be mailed
to all who are known to have received a copy of this Invitation To Bid. Bidders shall aclmowledge receipt of all
addenda.
BID MUST COMPLY with all federal, state, county, and local laws concerning these types of serviee(s).
- c-PITLL smv-, STREET & ALLEY PAVEMENT REPAIRS Page I
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of manufacturing and Citymg
Practice.
All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition and of
current manufacturer.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective Bidder ..at
affnanative(y demonstrate Bidder's responsibility. A prospective Bidder must meetthe following requirements:
1. Have adequate financial resources, or the ability to obtain such resources as required;
2. Be able to comply with the required or proposed delivery schedule;
3. Have a satisfactory record of performance;
A. Have a satisfactory record of integrity and ethics;
5. Be otherwise qualified and eligible m receive an award.
The City may request representation and other information sufficient to determine Bidder's ability to meet these
minimum standards listed above.
REFERENCES: The City requests Bidder to supply, with this Invitation To Bid, a list of at least three (3) references
where like products and/or services have been supplied by their firm. Include name of firm, address, telephone number
and name of representative.
BIDDER SHALL PROVIDE with this bid response, all documentation required by this Invitation To Bid. Failure to
provide this information may result in. reaction of bid.
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Coppell and all its officers, agents
and employees from all suits, actions, or other claims of any character, name and description brought for or on account
of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act
or fault of the successful Bidder, or of any agent, employee, subcontractor or supplier in the execution of, a
an
performce under, any Contract which may result from bid award. Successful Bidder indemnifies and will indemnify
and save harmless the City from liability, claim or demand on their part, agents, servants, customers, and/or employees
whether such liability, claim or demand arise from event or casualty happening or within the occupied premises
themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to the facilities
within which the occupied premises are located. Successful Bidder shall pay any judgment with costs which may be
obtained against the City growing out of such injury or damages. In addition, Contractor shalt obtain and file with
Owner, City of Copped, a Standard Certificate of fur mnce and applicable policy endorsement evidencing the required
coverage and naming the Owner, City of Coppell, as an additional insured on the required coverage.
WAGES: Successful Bidder shall pay or cause to be paid, without cost or expanse to the City of Coppell, all Social
Security, Unemployment and Federal Income Withholding Taxes of all such employees and all such employees shall
be paid wages and benefits as required by Federal and/or State Law.
TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires, delivery and
acceptance of products and/or performance of services ordered m terminated by either party with a thirty (30) day
written notice prior to any cancellation. The successful Bidder must state therein the reasons for such cancellation.
mw of C n'PELL SIDEWALK, STREET & ALLEY —..Mr nmPAias Page 10
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
The City of Coppoll reserves the right to award canceled Contract to next lowest and best Bidder as it deems to be in
the best interest of the City of Coppell.
TERMINATIONFOR DEFAULT: The City of Coppoll reservea therightto enforce the performance of this Contract
in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of
this Contract. The City of Coppell reserves the right to terminate the Contract immediately In the event the successful
Bidder fails to:
1. Meet schedules;
2. Defaults in the payment of any fees; or
3. otherwise perform in accordance with these Specifications.
Breach of Contract or default authorized the City of Coppell to exercise any or at I of the following rights:
1. The City may take possession of the assigned premises and any fees accrued or becoming due to date;
2. The City may take possession of all goods, fixtures and materials of successfal Bidder therein and may
foreclose its lien against such personal property, applying the proceeds toward fees due or therembex
becoming due.
In the event the successful Bidder shall fail to perform, keep or observe any of the terms and conditions to be
performed, kept or observed, the City shall give the successful Bidder written notice of men default; and in the event
said default is not remedied to the satisfaction and approval ofthe City within two (2) working days of receipt of such
notice by the successful Bidder, default will be declared and all the successful Bidder's rights shall terminate.
Bidder, in submitting this bid, agrees that the City of Coppoll shall not be liable to prosecution for damages in the
event that the City declares the Bidder in default.
NOTICE: Any notice provided by this bid (or required by taw) to be given to the successful Bidder by the City of
Capped shall conclusively demount have been given and received on the next day after such writtennotice has been
deposited in the mail in the City of Coppell, Texas by Registered or Certified Mail with sufficient postage affixed
thereto, addressed to the successful Bidder at the address so provided; provided this shall not prevent the giving of
actual notice in any other manner.
PATENTS/COPYRIGHTS: The successful Bidder agrees to protect the City of Coppell from claims involving
infringement of patents and/or copyrights.
CONTRACT ADMINISTRATOR: Under this Contract, the City ofCoppoll may appoint a Contract Administrator
with designated responsibility to ensure compliance with Como d requhements, such as but not limited to, acceptance,
inspection and delivery. The Contract Administrator will serve as liaison between the City of Capped purchasing
Department (which has the overall Contract Administration responsibilities) and the successful Bidder.
CITY OF-PPELL SIDEWALK, STREET ffi ALLEY PAVEMENT REPAIRS PASA II
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
PURCHASE ORDER: A Pumhase Order(s) shall be generated by the City of Coppell to the successful Bidder. The
Purchase Older immbar must appear on all itemized invoices and packing slips. The City cf Coppell will not be held
responsible for any orders placed/delivered without a valid torrent Purchase Order number.
PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and shall show:
(a) name and address of suooessfl Bidder, (b) name and address of receiving department and/or delivery location, (c)
Purchase Order number, and (d) descriptive information as to the item(s) delivered, including product code, item
number, quantity, number of containers, etc.
INVOICES shall show all information as stated above, shall be issued for each Purchase Order, and shall be mailed
directly to the City of Coppell Finance/Accounts Payable Department, 255 Parkway Blvd, Coppell, Texas 75019.
PAYMENT will be made upon receipt and acceptance by the City of Capped for any item(s) ordered and receipt of a
valid invoice, in accordance with the State of Texas Pmmpt Payment Act, Article 60lf V.T.C.S. Successfl Bidder(s)
are required to pay subcontractors within ten (10) days.
ITEMS supplied under this Contract shall be subject to the City's approval. Items found defective or not meeting
Specifications shall be picked up and replaced by the sueeessfal Bidder at the next service date at no expense to the
City of Coppell. If Item is not picked up within one (1) week meter notification, the item will become a donation to
the City for disposition.
SAMPLES: When requested, samples shall be famished free of expense to the City of Coppell.
WARRANTY. Successful Bidder shall warrant that all items/services shall conform to the proposed Specifications
and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship
and title. A copy of the warranty for each item being bid must be enclosed. Failure to comply with the above
requirements for literature and warranty information could cause bid to be rejected=
REMEDIES: The suer—fol Bidder and the City of Coppell agree that both parties have all rights, duties and
remedies available se stated in the Uniform Commercial Code.
VENUE: This Agonmentwill be governed and construed aceon ingto the laws of the State of Taxes. This Agreement
is performable in the City of Coppell, Texas.
ASSIGNMENT: The suecessfl Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part
without prior written consent office City of Coppell.
SPECIFICATIONS and model numbers are for description only. Bidder may bid on description only. Bidder may
bid on alternate model but most clearly indicate alternate model being bid. Bidder must enclose full descriptive
literature on alternate hem(s).
&HENCE OF SPECIFICATION. The apparent silence of these Specifications as to any detail or to the apparent
omission 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.
CITY OF Me—smnw-., surer & ALLEY—.aM' REPAIRS Page 12
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Each insurance policy to be furnished by successful Bidder shall include, by endorsement to the policy, a statement
that a notice shall be given to the City of Coppell by Certified Mail thirty (30) days prim to cancellation or upon any
material change in caverage.
ANY QUESTIONS concerning this Invitation To Bid and Speoificatmrs should be directed to the Purchasing
Department at 972-304-3643.
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT R
EPAIRS H E• C I T Y • 0 F
COPPELL
IF
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
PROJECT SPECIFICATIONS
Bid 0 Q-1021-03
CITY OF —VELL S-1- —FT& —.1 PAVEMENT REP— ..e W
Bid MQ -1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
PROJECT SPECIFICATIONS
FOR
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Work included in this contract may include, but is not limited to, the removal and/or replacement of concrete
streets, sidewalla, drive approaches, medians, alleys, rambling walls, and barrier -free sidewalk ramps.
This contract is intended to be used to make repairs as needed throughout the City of Copped.
1. Before work begins, a pm-ounstruotion meeting will be arranged wherein the eomractor and representative(,) of the
City will discuss procedures for the work to be completed.
2. The contractor will provide for City approval the names of material vendors, material submittals, a copy of mix
designs for concrete, and a list of subcontractors.
3. The contractor is responsible for supplying a0 cam ipment, Jabot, material, supervision, and traffic control esrcphxi
in successfully completingrepaks.
4. The contractor shall designate a full-time superintendent who shall ba on di job site at all times during construction.
The City's representative will communicate only with the superintendent, or foreman. The contractor may Laplace
the designated superintendent after written notification to the City.
5. The contractor hereby agrees to commence work within ten (10) working days of notice being given and complete
the work on each group of repairs within a reasonable time after receipt of this notice, subject to such extensions of
time as are provided by general and special conditions.
b. The Contractor will be responsible for notification to the public of the agreed upon stmt date and scope of work at
least seventy-two (72) hours prior to start of work. Including, but not limited m, the City's sidewalk replacement
signage.
7. Thecontraetor will provide a list ofnames and twenty-four(24) hour emergency phone numbers for all key personnel
related to the project.
8. The City may request replacement of designated superintendent after written notification to contractor.
9. Monday.Friday, work hours shall be limited to the period between 7:00 A.M. and 7:00 P.M. No work will be
allowed on Saturdays without a written request to, and approval from, the City at least £arty -eight (48) hours in
advance. Saturday work hours shall be limited to the period between 9:00 A.M. and 5:00 P.M. No work will be
allowed on Sundays or holidays (lismd below).
New Year's Day
Memorial Day
July Fourth
Labor Day
Thanksgiving
Christmas Eve and Day
10, The City afCoppell Standard Details speoifientions, in combination with Federal and State ADA Specifications, and
North Central Texas Council afGove ,.ta Standard Specifications for Public Works Construction (most current
revision and amendments), shall govern all work performed in the City of Cappeli, If a conflict arises, the inspector
CITY0u Cw1va.LSmEwaLK,—r-&ALLEYPAYc-1 ams P° r,
Bid #lQ-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
in charge of the project shall determine which specifications will be used. The commetor's field supervisor shall be
required to obtain a copy atrium, at the contractor's expense.
11. The City shall pay contractor for completion of the work on a unit price work basis, in accordance with the contract
documents based on acmal measured quantifies and the unit prices stated in proposal. A measurement of completed
quantities will be conducted prior to the submittal of each pay request. A measurement of completed quantities will
be completed at least one time per month. Completed quantities include sealing. The contractor's field supervisor
and the City's representative shall conduct this measurement
12. City may terminate contract If contractor persistently fails to perform the work in accordance with the contract
documents including, but not limited to, failure to supply sufficient skilled wocions, suitable materials, equipment,
or otherwise violates in any substantial way any provisions of the contract documents. City may, after giving
contractor seven days written notice and to the extent permitted by law and regulations, terminate the services of
contractor from the site and take possession of the work.
13. All repairs are to be saw out full depth at locations determined in the field by the City of Capped and are to be
square or rectangular in shape.
14. Complete removal of all aid awalk/pavemant sections within the repair area Is to be aecomplished leaving clean
vertical sides. Damaged vertical sides will be re -sawed, removed and replaced at the contractor's expense. Limit
of pay will only be to the original saw line. Spoils from this activity and subgrade removal will be disposed of
off-site at the contractor's expanse.
*Note: When sidewalk repair includes curb and gutter repair, the curb and gutter will be paid under the bid it..
for curb and gutter. Measurement will be per City Standard Details, curb and gutter. The remainder of the
sidewalk repair outside the limits of the curb and gutter repair will be measured and paid under the price per
square yard for sidewalk repair. Thickness of concrete for curb and gutter repairs will be the same as the
thickness of the adjacent street
*Nate: When paving repair includes curb and gutter repair, the curb and gutter will be paid under the bid item
for paving. Measurement will be based on the measurement of flatwork plus the curb height. For example: a
3'x 3' section that includes curb will be paid at 3'x 3'6" or 1,17 square yards. The quantity of curb included in
the bid is for those areas where only the cub needs to be replaced and will be constructed per City Standard
Details. Payment will than be based on the price bid per Imear foot of curb and gutter.
15. Removal ofbriek pavers shall beineidemal to concrete removal and shall include complete removal of all pavers
and underlying concrete support below pavers within the replacement area. The thickness of concrete removal
below the pavers is generally between 6 and 8 inches in thickness. This is to be accomplished leaving clean
vertical sides. Damaged vertical sides will be re -sawed, removed and replaced at the contractor's expense. Limit
of pay will only be to the original saw line. Pavers, concrete, and spoils fiom this activity shall be disposed of
off-site at the contractor's expense.
16. Seagoville shall be removedto a depth below bottom of the existing sidewaik/pavement and compacted to 95%
standard proctor density. For sidewalk, fine, washed sand, free from organic materials or clay shall be placed.
in Iran of and, Grade I flexible base may be used. If unstable material is encountered that has to be removed,
then Grade I flexible base shall be placed and compacted to 95% standard proctor density to bring subgrade up
to the bottom of the existing sidewalk, For pavement, cement treated base (CTB) is to be placed and compacted
(to 95% standard proctor density) in place of the removed subgrade. If the removal leaves avoid deeper than
the 6" requirement, or if unstable material is encountered that has to be removed, than flexbase shall be placed
and compacted (to 95% standard proctor density) to bring subgrade up to 6" below bottom of the existing
Pavement.
-O6 COPPELL SIDEWALK, STREET & ALLEY PAVKNIENTREPAIRS P,,, 16
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
17. Where brick pavers and underlying concrete are removed, the existing subgrade shall be compacted to 95%
standard proctor density. CTB will then be placed and compacted (m 95% standard proctor density) to the
bottom oftbe proposed stamped concrete.
18. Verflcal sides of repair for sidewalk, area are to be doweled with #3 bars, epoxy embedded 6' into the sides at
12" centers. Vertical sides of repair for pavement, area are to be doweled with #4 bars, epoxy embedded 6" into
the sides at 12" centers. A 24" #6 smooth dowel with dowel sleeve will be used at any transverse expansion joint
that may be disturbed. See City of Coppell Standard Details,
19. Reinforcement steel for sidewalk, shall be minimum #3 bar on 24" centers ganactawly and #3 bar on 18" centers
longitudinally and shall be supported by bar chairs spaced adequately to support the weight of the concrete
during placement. For pavement, it shalt be minimum #4 but on 18" centers with 30 diameters bar laps. (#4 -
12" lap) and shall be supported by bar chairs spaced adequately to support the weight of the concrete during
placement.
20. Concrete for sidewalk, shall be Type I cement Class 'A' concrete at a rate of 5 sacks per CY and a compressive
strength of 3000 PSI at 28 days. Testing to be provided by owner, at the sole expense of the owner.
21. Concrete for pavement, shall consist of Type IIIA Cement Class'C' Concrete ata rate of 6 sacks per CY and a
compressive strength of 3600 PSI at 28 days unless otherwise noted. After placement of ceramic, the entire
new concrete section shall receive a coat of approved curing compound applied by use of a sprayer capable of
producing an even and thorough coverage. Six cylinders shalt be obtained for testing on the 7", 14'", and 28ih
day. Testing to be Provided by owner at the sole expense of the owLier, one density taken Per repair
location, concrete cylinders per day of Poi or 100 cubic Funds or as required by the owner. Pavement
may be placed in service if a strength of 3000 PSI is obtained on the 7 or 14 day breaks. If a strength of 3600
PSI is reached on the 7 or 14 day breaks, then no additional test will be required. If the 28 -day break does not
obtain 3600 PSI, the pavement shall be removed and replaced at the contrachn's expense.
22. Stamped concrete shall consist ofine installation of integrally colored stamped concrete in the locations as shown
in the plans. Color shall be Red Clay — Scansion, Integral Color with Brocade Natural Gray Release (or an
approved equal). All patterns shall be Running Bond Used Brick. Approved equal shall only be considered
after review of specifications and a test section that demonstrates the ability to match color and pattern. All
concrete for construction shall be Class'A' concrete having a minimum of 6 sacks of cement per cubic yard and
a minimum compressive strength of 3,600 psi at 28 days. In areas where the new concrete abuts existing concrete,
the vertical sides are to be doweled with #4 bars epoxy embedded 6" into the sides at 12" canters. Reinforcement
steel shall be a minimum #4 bar, on 18" comers with 12" bar laps and shall be supported by bar chairs adequately
spaced to support the weight of mounds, dun ng placement.
23. During repair ofsidewalks an alternate pedestrian access route shall be provided according to Federal and State
ADA requirements. All sidewalk reports will have ADA compliant barricades with"Sidewalk Closed- Use Other
Side" signs at the beginning and and of each excavation site. No signs will be allowed on the sidewalk outside
ofthe closed area.
24. Construction, longitudinal, contraction, transverse, expansion and all other joints shall be par the City of Coppelt
Standard Details, with silicone sealant and backer rod which shall be approved as part of the submittal process.
25. A. Each worksite where either or both vehicular and pedestrian traffic will be impeded, a work cone will
be set up in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices
(TXMUTCD). Most work sites will require at mhrimum the intermediate work zona applieafions. Traffic
cones are not good intermediate traffic control devices. For specifics refer to the on-line version of the
TMUTCD available on the Texas Department of Transportation's website located at
(bttn tlwww t dot eo /e emmant/enforceme tJs"enaee/tmutcd htmq.
CITY 4F munnuL SIDEWALK,STREET&aulel Iii—Hoof Foram' Ng. tt
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
B. A specific traffic control plan that is consistent with the TMUTCD is to be submitted for review to the
Project City/Construction Inspector for anyjob sites that may require an encroachment into the roadway
overnight Daily daytime work zones that are withdrawn out of the roadway overnight do not require a
plan to be submitted but will need to be consistent with the TXMUTCD. Vertical panels used for
barricading in the gutter line, where a curb has been removed, do not constitute encroachment by
definition as it applies to this conb act. hnplaradautem of the traffic control plan and all traffic control
devices necessary for a safe work environment shall be provided at the sole expense of the contractor.
No portion of a street will be allowed for complete closure without a review by the City of Coppell.
Traffic control devices shall be maintained at all times during construction.
C. Spoils will not be permitted to be left in the roadway or work area overnight or unattended during the
work process. Spoils such as removed concrete panels pose a significant hazard to pedestrians and
motorists and therefore must be barricaded with diligence. All spoils should be hauled offby the and of
the workday.
26. All barrier free ramps with detectable warnings consist of curb cuts, ramps, return embs, landings, flares, and
saw cuts. Detectable warnings will be cast in place (wet set), shall be twenty-four (24) inches in depth in the
direction ofpedeshian travel, and full width ofthe ramp. All detectable warnings shall be approved by submittal.
The color shall be brick red. The pay item will be by each unit, to include alt items considered part of the ramp,
as defined in the above statement. Sidewalk transition will be paid as sidewalk repair. The City of Coppell shall
decide the layout of the ramp components for each tamp location. The contractor will be responsible for ensuring
ramps are built to meet all state and federal requirements. Ifthe layout causes a conflict with ADA requirements,
contractor shall inform the inspector of the conflict. Any changes to the layout must still ensure full
compliance to federal and state ADA requirements
27. The Bid Form includes Bid Items for ADA accessible ramps, lead steps, adjustment upward meters and valve
boxes and adjustment of manholes and clean -outs. The quantity established for those items Is by estimation
only. The actual quantity, if any, will be established in the field and mutually agreed upon between the
Contractor and the City Inspector assigned to the project. No payment will be made under these items ..lass
the Inspector has approved the work in advance. All wank under the items wilt be in accordance with the City of
Coppell Standard Details.
28. Stairs will consist of alis, up to 8" and a tread depth of. more than 18", with each step of equal rise and depth.
Stairs will be paid by square feet and will be measured by depth and width oftread.
29. Any buttons, striping or other traffic control device removed during construction shall be replaced to match pre-
existing conditions.
30. Where deemed necessary by the City, the contractor shall use high -early strength concrete. The mix shall be
capable of reaching 3,000 psi strength within 12 hours of placement.
31. There are no construction plans for this project. The contractor shall be responsible for proper drainage of each
Project.
32. A 24 -month maintenance bond at 50% of total value, on a form provided by the City, will be. provided by the
successful bidder.
Reference the City o£Coppell Standard Construction Details and Subdivision Ordinance for further clarification:
up://www.cop Jim.peeo tea mmen /depaartmentsten ingt ee_e/engin r'na-development
htws lIl'brary mr 'ode mmttx/coonell/ odeslcod of ord' ances
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
32. It is the contractor's responsibility to identify, locate, test and protect areas with existing irrigation systems. All
irrigation systems damaged will be repaired to as good or better condition, and to the satisfaction ofthe property
owner at the connector's sole expense within 72 hours of notification of damage.
33. It is the contractor's responsibility to obtain utility locates. Any damage to existing milities wilt be the sole
financial responsibility of the coal ..to,..
34. The contractor is responsible for compliance with all laws and regulations regarding the prevention of
underground utility damage. The contractor is also responsible for reporting to the appropriate operator any
damage to underground utilities during the course of work.
35. All equipment left on the jobsite overnight shall be located within the lane closure and safely barricaded. If the
lane closure is not large enough to safely accommodate the equipment, it will not be allowed to be left in the
street.
38. Contractor will be responsible for backfilling with suitable material behind the sidewalk and sodding the
disturbed area with like turf and soil.
39. Positive drainage shall be established during the initial phase of grading and maintained throughout construction.
The commuter will determine grade by use of an instrument or water se requested by the City. Any areas identified
by the contractor that impede the positive drainage and are not scheduled for repair shall he brought to the attention
of the project inspector. Inspector shall work with contractor to determine any additional areas that need repaired.
Any completed repairs within the project that do not have positive drainage will be removed and corrected at the
contractor's expense.
40. It will be the responsibility of the contractor to provide written notification to affected residents in the vicinity
of the repair area prior to beginning the work. Information to be included will be the beginning and end dates of
project, mad closure information (if applicable) and contact number(s). A draft copy of the notice will be
submitted, reviewed and approved by the Project City and City Inspector prior to its distribution to residents.
41. Once work in an area has commenced, it shall be completed and restored within 10 days.
42. Verbal response to citizen complaints must be made within 24 hours; issues most be rectified within 48-72 hours
If the complaint is found to be valid.
43. All items necessary to complete the work are subsidiary to the price bid, including but not limited to: testing,
pavement markings, traffic control plan, repair ofirrigation systems, sodding, resetting existing signs, etc.
44. All the work contained in this contract lies within the city limits of the City of Coppell, Texas and shall be
constructedaccording to the City of Copped approved construction standard details and specifications and any
amendments as adopted by the North Central Texas Council of Governments.
45, LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
The City of Coppell is the contracting agency for this constitution project. The following statute requires any
contracting agency to specify the generally prevailing rate of wages in contracts that are bid.
Vernon's Texas Civil Statutes -Article 5159w
"Construction of Public Works in State
and Municipal or Political Subdivisions;
Prevailing Wage Rate to be maintained."
CITY OF COPPELL EmEWALK, s -F & ALLEY PAVEMENT REPAms ." 19
Bid kQ-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Pursuant to tate requirements of this statute, the City of CoppelL has ascertained the following rates of wages are
paid to various classifications of workers in the locality of this project.
Not less than the following hourly rates shall be paid for the various classifications of work required by this
project. Workers in classifications where rams are not identified shall be paid not less than the general prevailing
rate of"laborer" for the various classifications of work therein listed.
The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1& 1/2) times the
base hourly rate.
The rates specified are journeyman rates. Apprentices may be used on the project and may be compensated at a
rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker
but at at rate less than 60%of thejouredymer's wage as shown. Arm time shall ajourneyman supervise more
than one (1) apprentice. All apprentices shall be under the direct supervision Oka journeyman working as a crew.
Pursuant to the requuomem of this statute, the City of Cupped, has ascertained the following rates of wages are
paid to various classifications of workers in the locality of this project:
CONCRETE FINISHER(Paving and Structures $ 14.12
—, ---1-1, 11 $ 19.80
FORM BUILDERIFORM SETTER
Paving & Card— -- .......... ............. ...
........ .. . . . .... 13.16
Sbuctures-....................... ..--........... ,.................. ......................... ..... .....................................
$ 13.84
LABORER
$ 12.69
AsphaltBaker .................. ..................._............... .......,..................................
... ........ ............ ...
$ 10.06
Flagger....................................................................................................................................
$ 10.72
Laborer, Common....................................................................................................................
$ 12.32
Laborer, Utility ............._........................................................................,................................
$ 13.24
Pipelayer..................................................................................................................................
$ 11.68
Work Zone Barricade Servicer.................................................................................................
POWER EQUIPMENT OPERATOR
AsphaltDistributor..................................................................................................................
$ 15.32
AsphaltPaving Machine..........................................................................................................
$ 13.99
Broomor Sweeper...................................................................................................................
$ 11.74
Concrete Pavement Finishing Machine....._.............................................................................
$ 16.05
Concrete Saw.. ... .......
$ 14.48
Crane Operator, Lattice Boom 80 Tons or Less........................................................................
$ 17.27
Crane Operator, Lattice Boom over 80 Tons............................................................................
$ 20.52
Crane, Hydraulic 80 Tons or Less........-..................................................................................
$ 18.12
CrawlerTractor .............. ................ ......... ...................._...............................
.... ....... ........... ..... $ 14.07
Excavator, 50,000 pounds or less ....-.......................................................................................
$ 17.19
Excavator, over 50,000 pounds ................ ........... .............................................................._.....
$ 16.99
$ 21.07
Foundation Drill, Truck Mounted...,.....--..............................................................................
Mounted
$ 17.99
Foundation Drill, Crawler .........................................................................................
$ 13.69
FrontEnd Loader 3 CY or Leas- .............................................................................................
FrontEnd Loader, aver 3 CY................................:..................................................................
. _�__,,,-_�.�_.._._______.......................................
$ 14.72
$ 15.18
- OF COPPELL SIDEWALK, MEET & ALLEY PAYEmufF REPAIRS Page le
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT --
Milling Machine.
Motor Grader, Fine Grade ...................................
Motor Grader, Rougb...........................................
Pavement Marking Machine ...............................
Reclaimer/Pulverizer..........................................
Roller, Asphalt....-
Roller,
sphalt......Roller, Other— ............ ...
Scraper...............................................................
Small Slipform Machine .....................................
Spreader Box..... , - .. , — ...... .. .. ..
Servicer.............................................................
Steel Worker (Reinf, acing) ................................
TRUCK DRIVER
$ 16.24
Lowboy-Float..........................................................................................................................
$ 12.25
OffRoad Naulet.............. .......... ..... .............................. ............ ..........
SingleAxle ................... ............ ..... ....... ............. ..................................._.
.......... ..... .................... -
......... ..........,............ $ 12.31
Single or Tandem Axle Dump Track.......................................................................................
$ 12.62
Tandern Axis Troo. with Scmi Trailer...................................................................................
$ 12.86
Transit-Mix.............................................................................................................................
$ 14.14
WELDER.......................................................................................................................................
$ 14.84
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental
Not less than the following hourly rates shall be paid for the various classifications of work required by this
project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing
rate of "laborer" for the various classifications of work therein listed. The hourly rate for legal holiday and
overtime work shall be not less than one and one-half (1 & 112) tires the base hourly rate.
The rates specified are journeyman rates. Apprentices may be used on the project and may be compensated at a
rate determined mutually by the worker and employer, commensurate with the experience and Skill of the worker
but not at ante not less than 60% of the journeymen's wage m shown. Arm time shall a journeyman supervise
more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as
a crew.
46. ADDITIONAL INFORMATION
This contract will commence thirty (30) days after the date of the award and will continue for 12 months. The
City of Coppell, City Council reserves the right to extend this contract for three (3) additional one-year periods
as it deems to be in the best interest of the city.
Communications conceming this Bid shall be addressed to the address of BIDDER indicated on the applicable
signature page.
Cire OF CO F LLStDEwALK,STREET&ALLEY PAVEAr—REPAIRS to'. it
Bid #Q-1621-43 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal
property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to
Bidders).
The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as
Pat of the Contract Documents have the meanings assigned to them in the General Conditions.
The City of Copp ell reserves the right to delete any portion of it, project or adjust gianfid. as tinny, deem
necessary to stay wililn the City's available finds. Should the City elect to delete miyporttou, the contract
quantities will be adjusted accordingly.
C or ,,wFELLSIDEWALK, STREET& ALLEY PAVEMENT—AmS P°���
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
T H E C I T Y• O F
COPPELL
Fx e4
n s x
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
BID SUMMARY AND CONFLIT OF INTERESET QUESTIONNAIRE
Bid # Q-1021-03
BID SUMMARY AND CONFLIT OF INTERESET QUESTIONNAIRE
BIDDERS PLEASE NOTE: ONE COPY OF THE FOLLOWING BID
SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE
TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMEN NOL4TERTHAN:
Thursday, October 22, 2020, 2:00 p.m.
CITY OPC PELL SID ALK,STREET& ALLEY PAVEMENT REPAIRS Page t3
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Bidders shall complete the following table of unit pricing and provide a total of all unit pricing listed in the
space provided.
BID SUMMARY
Sid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPABIS
CITY OF COPP6LL SIDEtVALK, SI'R5ET ffi ALLEY PM1YBMENT REPhiRS PAg°15
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
G OF OOPPELL SID -LK, STREET& ALLRY PAVEMENT REPAIRS Px 14
Bid MQ -1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
TOTAL UNIT PRICES BID FOR PROJECT: $ 59,438.00
The end of a 12 -month period after award of
*Note: All work must be completed by: contract.
1012"11202(1
Submitted on: Date
NEW WO_R_LD CONTRACTINGLLC
Submitted by (Company): Name
Company RepreseaitatiVE: Signature
CITY OF COPPED, SIDEWALK, STREET & ALLEV PAVEMENT REPAIRS Poge tJ
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
CONFLICT OF INTEREST QUESTIONNAIRE' FORM CIO
For vendor doing business with 1-1 goVarnrnoDtal WIRY
Thb:gaastionnaire mflaas ahanga mala to Ne law by H.B. E,9, gab Lag., Regular Smelan,
omeEllsEoNLY
and
.valla meek regJrema� under Section tI8.008(e}:
MHLbG0NTRAGTlM,LLG
N—f Offl-
4
Glias rfeceseary.
A K then of government offl-I or A family Inenilxrd the officer —M, or IWyb remNe t.Y IA
dW then In—M In—, from the mdm?
case
esi
men
'h. oll., —fonly ..rz, 01h. — AND .. ffi 1— ..Wd f.. t.
I— governmemel anih}^t
Y. ®No
ownership interest of ane perwd tt mwe.
yj
❑ d --ked 11 S.W.n =IWIN gft desoited M $Oftn 176,M(a-1).
vyay bheemta.redAy
—,—W
CITY0FC AMLSMMALY —ET&--lAW-NT--RS P.A, u
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplma copy of Chapter 176 of the Local Government Cade may be Sendai hllp:JrWww.sHmtes.legis.siate.ix.us!
D,c$/LGPubmfLG 176.him. For easy reference, below are some of the sections cited on this form.
Lmyg Government Code517600i(1-ai: "Bustneas relationship' means acombotion between two or more parties
based on commercial actvityof one of the parties. rho Win does not include a connection basedon:
(A) a transaction that Is subject to rate or fee regulation by afederal, state, or Iomcgovemmenial entity, oran
agency of—floral,state eclat aprica and subject
tty;
(B)atmftchea aconducfgatepdceantl subject to termsavalWbleio the public; or
(C) aRurchase or lease of gootlsor services from a person Thai ischartered by a sWta or ledeml agencyand
that is subject to regular examination by, and repotting b, chat agency.
Local Qmeet Code 6178009()t2itAi end JBI:
(a) Alocai government officer shall file a conflicts disclosure statement with respect to avendor if:
(2) thevendor:
(A) has an employmentorotherbusiness mlationchipwlih the locaigovernmentofiloerora
family member of the ofilcer that results in the officer or family member receiving taxable
Inw,e, other man investment Income, that eaa.d. $2,500 during the 12 -month period
precedng the data that Ore of f icer becomes aware that
(h) aeontraot betweenthe local governmentalevilly andvendorhas been execamd;
(H) the local governmental entry le considering entering into a contract with the
"'Em
(B) hasgiven to thelocal gave,,oniofflcermafamilymemberofthooffiowoneormoregifts
mat havemaggregatevalorm morothan $10) in the 12mmur period preceding ire dam m t
of Iicer becomes aware mat
(I} a contractbetween the local governmental entity and vendor has bean executed; or
(ii) the local governmenfal entity is considering entering into a contract with the vendor.
L IG t Code 5176006! i end hill
(a) Avendorshall file. a completed don(Iiciof imerestqussilonnaire ii the ventlor has a business relationshiR
with a local governmental entity and:
(1) has an employment or other business relationship with alocal government ofilcer of that local
govemmental epfity, or a lamity memberof the officer described by Smans, 176.003(a)(2)(A);
(2) has given a" government of icerof that local governmental entity, are family member of the
officer, one or more gift Win in, aggregatevaluespeciied by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government otticerm that local govemmenfal entity.
(a -f) The complemc cenfiietol inusb atquestionnalre must be filedwim the appropriate records admtnisnater
not talarthan the seventh business day after the latarof:
(i) the date that the vendor.
(A) begins discussions or norEfftions as enter into a contract with me lacer fRaamorqu d
entity; ar
(8} submits mmi calgovor another
wiling relo d to Potential
contract
ifor proposals
or bide, conespondance, or another writing related to a potential contract wish the local
evernmernmentity;or
(2} the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government Dtieer, or a
family memberof theotticer, described by Suhsection (a);
(B) that thevmrdmh. given one m ore gits described by Summers, (a); or
(E) ata family relationshipwim aiooal government officer.
ro,mpoNdad bf— Et.. C-.adn ve-A t—,uta.b.u¢ Red-iilao2pla
CITY OF COPPRLL SID&WALK, 6EREET &A UEF PAYEAn—REPAIRS Pete 2n
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
T X E - C I T Y - O R
COPPELL
F k A E 1 8 9 6
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
DESCRIPTION OF PAY ITEMS
Bid # Q-1021-03
CITY O COP—L SID—K, STREET& ALLEY Page 30
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
This section includes comments concerning various pay items so that the CONTRACTOR can fully andemtand the
scope of work contemplated and requited for each item bid.
1. Construction No Pay Items:
All work necessary for the ochry 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,
thecofofe. Those items shall include, but not be limited to, for the following: (a) erosion and sediment controls;
(b) excavation, embechnent, ball and compaction; O removal of spoils; (d) water for construction; (e)
construction staking and/or layout; (f) surveying re re-establish V red; (g) maintenance of sports during
construction; (h) sprinkling for dusteontrol; (i) project hailer, lfneedsd; 0) mobilization, bonds and insurance;
and/or (k) any other incidentals or appurtenances necessary to complete the work, whether directly called out
within the plans or implied.
2. Construction Pay Items;
Pay it a as listed in the proposal shall be measured and paid for in accordance with the applicable
measurement and payment paragraphs in the Standard Specifications for Public Works Construction -North
Central Texas Council ofGovernments Fourth Edition (NCTCOGf unless modified by these special
provisions.
All work for this project shall be governed by the Project Specifications, Standard Specifications for Public
Works Construction —North Central Texas Council of Govemments Fourth Edition (NCTCOG), the City of
Coppell Standard Construction Details (Ord. 92006-1129), and Appendix "C" Design Criteria and Standards in
the City of Coppell Subdivision Ordinance (Ord. #94-643), together with any additional information included
here n.
Pay Item No. 01 - Be.-. 6" to 8" thick reinforced concrete 0-50 SY; Pay Item N. 02 - Remave 6" to 8"
thick reinforced concrete 51-250 SY; Pay Item No. 03 - Remove 6" to 8" thick reinforced concrete 251 +
SY; Pay Item No. 04 - Remove 9" to 10" thick reinforced concrete 0 - 50 SY; Pay Item No. 05 - Remove 9"
to 10" thick reinforced concrete 51-250 SY; and Pay Item No. 06 - Remove 9" to 10" thick reinforced
conerete251+ SY
The items above shall follow the guidelines of the Project Specifications and NCTCOG Item 203.
Measurement and payment shall be per sips e yard (SY).
Pay Item No. 07 - Remove 6" to 8" thick reinforced concrete alley 0 - 50 SY; Pay Item No. 08 - Remove 6"
to 8" thick reinforced concrete alley 51- 250 SY; and Pay Item No. 09 - Remove 6" to 8" thick reinforced
concrete alley 251+ SY
The Items above shall follow the guidelines of Project Specifications and NCTCOG Item 203. Measurement
and payment shall he per square yard (SY).
Pay Item Na. 10 - Remove 4" to 5" concrete sidewalk 0-50 SY; Pay Item No. I l - Remove 4" to 5" concrete
sidewalk 51 to 250 SY; and Pay Item No. 12 - Remove 4" to 5" eencrete sidewalk 251 + SY
The items above shall follow the guidelines of Project Specifications and NCTCOG Item 203. Measurement
and payment shall be per square yard (SY).
Pay Item No. 13 - 4" concrete sidewalk (3000 PSI) 0-50 SY; Pay Item N. 14 - 4" concrete sidewalk (3000
PSI ) 51 to 250 SY; and Pay Item No. 15 - 4" concrete sidewalk (3000 PSI) 251 + SY
The items above shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 305.2. The unit of f.,.—.t shall be per square yard (SY).
Pay Item No. 16 - 6" (3600 PSI) concrete for pavement 0-50 SY; Pay Item No. 17 - 6" (3600 PSI) concrete
for pavement 51 to 250 SY; Pay Item No. 18 - 6" (3600 PSI) concrete for pavement 251 + SY; Pay Item No.
19 - 6" High Early Strength concrete for pavement 0-50 SY; Pay Item No. 20 - 6" High Early Strength
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
concrete for pavement 51 to 250 SY; Pay Item No. 21- 6" High Early Strength concrete for pavement 251 +
SY; Pay Item No. 22 - S" (3600 PSI ) concrete for pavement 0-50 SY; Pay Item No. 23 - 8" (3600 PSI)
concrete for pavement 51 to 250 SY; Pay Item No. 24 - 8" (3600 PSI) concrete for pavement 251 + SY; Pay
Item No. 25 - S" High Early Strength concrete for pavement 0-50 SY; Pay Item No. 26 - 8" High Early
Strength concrete for pavement 51 to 250 SY; Pay Item No. 27 - 8" High Early Strength concrete for
pavement 251 + SY; Pay Item No. 28 - 9" (3600 PSI ) concrete for pavement 0-50 SY; Pay Item No. 29 - 9"
(3600 PSI ) concrete for pavement 511. 250 SY; Pay Item No. 30 - 9" (3600 PSI) concrete for pavement 251
+ SY; Pay Item No, 31- 9" High Early Strength concrete for pavement 0-50 SY; Pay Item No. 32 - 9" High
Early Strength concrete for pavement 51 to 250 SY; Pay Item No. 33 - 9" High Early Strength concrete for
pavement 251 + SY; Pay Item No. 34 - 10" (3600 PSI) concrete for pavement 0-50 SY; Pay It.. No. 35 -
10" (3600 PSI) concrete for pavement 51 -250 SY; Pay Item No. 36 -10" (3600 PSI) concrete for pavement
251+ SY; Pay Item No. 37 - 10" High Early Strength concrete for pavement 0-50 SY; Pay Item No. 38 -10"
High Early Strength concrete for pavement 51-250 SY; Pay Item No. 39 -10" High Early Strength concrete
for pavement 251+ SY;
The items above shall be contracted and measured and paid for in accordance with Pcojeet Specificmions and
NCTCOG Item 3039. The unit ofineasurement shall be per sq— yard (SY).
Pay Item No. 40 - 6" to 8" (3600 PSI) Alley pavement concrete 0 - 50 SY; Pay Item No. 41 - 6" to 8" (3600
PSI) Alley pavement concrete 51 to 250 SY; Pay Item No. 42- 6" to X. (3600 PSI) Alley pavement concrete
251 + SY; Pay Item No. 43 - 6" to 8" High Early Strength Alley pavement concrete 0 - 50 SY; Pay Item No.
44 - 6" to 8" High Early Strength Alley pavement concrete 51 to 250 SY; Pay Item No. 45 - 6' to 8" High
Early Strength Alley pavement concrete 2511 SY;
The items above shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 303.9. The unit of measurement shall be per square yael (SY).
Pay Item No. 46 - Barrier Free Ramps (4' Sidewalk); Pay Item No. 47 - Barrier Free Ramps IF Sidewalk);
Pay Item No. 48 - Barrier Free Ramps (6' Sidawalk); and Pay Item No. 49 - Barrier Free Ramps (10'
Sidewalk)
The items above shall be constructed in accordance with Project Specifications and NCTCOG Item 305.2.
Measurement and payment shall be per each (EA).
Pay Item No. 50 -Sidewalk curb
This item shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 305.1. The unit of measurement shall be per linear foot (I F).
Pay Item No. 51 - Stairs tip to 8" rise SF
This item shat] be constructed and measured and paid for in accordance with. Project Specifications and
NCTCOG Item 802.1. The unit of measurement shall be per square foot (SF).
Pay Item No. 52- 6" Integral Curb Concrete
This item shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 305.1. The unit of measurement shall be per linear foot (LF).
Pay Item No. 53 - 6" concrete drive approach up to connecting sidewalk or R.O.W.; and Pay Item No. 54 -
8" concrete drive approach up to connecting sidewalk or R.O.W.
The items above shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 305.2. The unit ofineaam entero shall be per square yard (SY),
Pay Rem No. 55 - Remove curb and gutter 0 - 150 LF; Pay Item Na, 56 - Remove curb and gutter 151 + LF
The items shove shall folbw the guidelines of Project Specifications and NCTCOG Item 203. Measurement
and payment shall be per linear foot (LF).
Pay Item No. 57 - 24" curb and gutter to include 6" each 0 -150 LF; Pay Item No. 58 - 24" curb and gutter
to include 6" curb 151+ LF; Pay Item No. 59 - 30" curb and gutter to include 6" curb 0 -150 LF; Pay Item
GTY OF WFFELL SIDEWALK, STREET S ALLEY F—hoENT molmB Yeee st
Bid 4Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
No. 60 - 30" curb and gutter to include 6" curb 151 + LF; Pay Item No. 61- 36' curb and gutter to include
6" curb 0 -150 LF; and Pay Item No. 62-36' curb and gutter to include 6" curb 151+ LF
The items above shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 305.1. The unit of measurement shall be per Iinear foot (LF).
Pay Item No. 63 - 18" Mountable curb and gutter concrete
The items above shall be constructed andmeasured and paid for in accordance with Project Specifications and
NCTCOG Item 305.1. The unit of mcaareement shall be per linear foot (LF).
Pay Item No. 64 - SDHPT (grade 2) Type A Flex Base provided placed and compacted by con tractor
This them shall be constructed in accordance with Project Specifications and NCTCOG Item 305.2.
Measurement and payment shall be per ton (TON).
Pay Item No. 65 - 5" - 6" depth stamped patterned concrete median; and Pay Item No. 66 - 8" depth
stamped patterned concrete median
This item shall follow the guidelines oPProject Specifications and NCTCOG Item 303. Measurement and
payment shall be per square yard (SY).
Pay Item No. 67 - Removal of retaining wall (0-4 it tall)
This item shall follow the guidelines of Project Specifications and NCTCOG Item 203. Measurement and
payment shall be per ]inoar foot (LF).
Pay Item No. 68 - Retaining wall (0d.5 ft) with integral sidewalk; Pay Item No. 69 - Install retaining wall
(1.6 - 3 ft) with integral sidewalk; and Pay Item No. 70 - Install retaining wall (3.1 - 4 R) with integral
sidewalk
The items above shall be conducted in accordance with Project Specifications and NCTCOG Item 802.2.
Measurement and payment shall be by per linear foot (U).
Pay Item No. 71- Remove HMAC sad necessary sob -base
This item shall follow the guidelines of Project Specifications and NCTCOG Item 203. Measurement and
payment shall be per square yard (SY).
Pay Item No. 72 - Install HMAC 2" compacted along concrete repairs SY
This item shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 302.9. The unit of ineasmarmen shall be per square yard (SY).
Pay Item No. 73 - Saw cut full depth concrete; Pay Item No. 74 - Saw cut full depth concrete sidewalk; Pay
Item No. 75- Saw cut asphalt full depth; and Pay Item No. 76 -Partial (Tt4) depth saw cut concrete
The items above shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 402.3. The unit of measurement shall be per linear foot (LF).
Pay Item No. 77 - Sod on all disturbing sides of construction to match existing species of grass
This item shah be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 202.5. The unit of measurement shall be per square yard (SY).
Pay Item No. 78 - Unclassified Excavation 0 - 50 CY; Pay Item No. 79 - Unclassified Excavation 51 - 100 CY;
and Pay Item No. 80- Unclassified Excavation 101 +CY
The items above shall be constructed and measured and paid fm in accordance with Project Specifications and
NCTCOG Item 202.5. The unit ofmcasurement shall be per cubic yard (CY).
Pay Item No. 81- Place and Compact Fill supplied by Contractor CY
The items above shall beeonsn e"d in accordance with Project Specifications and NCTCOG Item 203.7.
Measurement and payment shall be by per cable yard (M.
Pay Item No. 82 - 4" Concrete Riprap 0- 50 SY; Pay Item No. 83 - 4" Concrete Riprap 51 to 250 SY; and
Pay Item No. 84 - 4" Concrete Riprap 251 + SY
The items above shall be constructed and measured and paid for in accordance with Reject Specifications and
NCTCOG been 803.5. The omit of measurement shall be per square yard (SY).
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Pay Item No. 85 - Remove storm water pipe 0-30"
This item shall follow the guideham improper Specifications and NCTCOG Item 203. Measurement and
payment shall be per linear foot (LF).
Pay Item No. 86 - Lay storm water pipe 0-30" RCP supplied by Contractor
This item shall be eonstmcted in accordance with Project Specifications and NCTCOG Item 501.6. The unit of
measurement shall be per linear foot (LF).
Pay Item No. 87 - Install 6" French drain 0'-3' depth; and Pay Item No. 88- Install 6" French drain 3.01' - 6'
depth
The items above shall follow the guidelines of Project Specifications and NCTCOG Item 501, Measurement
and payment shall be per tine. foot (LF),
Pay Item No. 89 - Adjust Manhole to Grade
This item shall be constructed and measured and paid for in accordance with Project Specifications and
NCTCOG Item 502.1. The unit of mecstuement shall be per each (EA).
Pay Item No. 90 - Adjust Existing Grate Inlet to Grade
This work includes adjusting existing grate inlets to proposed grade as indicated on the ourehrefion plans or as
directed by the City, in accordance with the appropriate specifications and standards.
Measurement and payment for this work shall be made an the basis of price bid per each (EA) and shall be Intal
compensation for furnishing and/or operating all labor, materials, tools, equipment, and other incidentals
necessary to complete the work.
Pay Item No. 91- Adjust Water Meter Cans and Irrigation Valve Boxes
This work includes adjusting water meter cans and irrigation valve boxes to proposed grade as indicated on the
construction plans or as directed by the CITY, in accordance with the appropriate specifications and standards.
Measurement and payment for this work shall be made on the basis of price bid per each (EA) and shall be total
compensation for furnishing and/or operating all labor, materials, tools, equipment, and other incidentals
necessary to complete the work.
Pay Item No. 92 - Adjust Sewer C ..mints
This work includes adjusting sewer clamours In proposed grade as indicated on. the construction plans or as
directed by the CITY, in accordance with the appropriate specifications and standards.
Measurement and payment for this work shall be made on the basis of price bid per each (EA) and shall be total
compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals
necessary to complete the work.
Pay Item No. 93 - Adjust Valve Boxes
This work includes adjusting valve boxes to proposed grade as indicated on the construction plans or as
directed by the CITY, in acoorde nce with the appropriate specifications sort standards.
Measurement and payment for this work shall be made on the basis of price bid per each (EA) and shah be total
compensation for furnishing and/or operating all labor, materials, tools, equipment, and other incidentals
necessary In complete the work.
Pay Item No. 94 - Relocate Existing Ground Box
This work includes relocating existing ground box to the location indicated on the construction plans or as
directed by the CITY, in accordance with the appropriate specifications and standards.
Measurement and payment for this work shall be made em the basis ofprice bid per each (EA) and shall be total
compensation for famishing and/or operating all labor, materials, tools, equip Trim and other incidentals
necessary to complete the work.
CITY of COPPELL siwv`A K, ITur T 8 ALLEY PAYF.MaNT raPAms Ni, 34
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Pay Item No. 95 - 2'x2' Grate Inlet and Pay Item No. 96 - 4'x4' Grate Inlet:
This work includes the construction of new grate inlets for the locations indicated on the construction plans
or as determined by the CITY, in accordance with the appropriate details and specifications, including City
of Cmm.11 Standard Construction Details and NCTCOG Item 702.
Measurement and payment for work performed and materials furnished related to the construction of grate
inlets (various types & dimensions), shall be made on the basis of the price bid per each (EA) and shall be
total compensation for furnishing and/or operating all labor, materials, tools, equipment and other
incidentals necessary to complete the work
Pay Item No. 97 - 3'x3' Type A Junction Box; Pay Item No. 98 - 4'x4' Type A Junction Box; Pay Item No. 99
- 5'x5' Type A Junction Box; Pay Item No. 100 - 6'x6' Type A Junction Box; and Pay Item No. 101 - TxT
Type A Junction Be.
This work includes the construction of new junction boxes for the locations Indicated on the construction
plans or as determined by the CITY, in accordance with the appropriate details and specifications,
including City of Coppell Stan had Construction Details and NCTCOG Item 702.
Measurement and payment for work performed and materials furnished related to the construction of
junction boxce(various types & dimensions), shall be made on the basis of the price bid per each (EA) and
shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other
incidentals necessary to complete the work
Pay Item No. 102 - Remove and Replace Storm Drain Inlet Top and Throat
This work includes the demolition and reconstruction of inlet ops and throats at specific locations indicated
on the construction plans or as determined by the CITY, in accordance with the appropriate details and
specifications, including City ofCoppell Standard Construction Details and NCTCOG Item 702.
Measurement and payment for work performed and materials fumishad related to the construction of curb
inlets (various types & lengths), shall be made on the basis of the price bid per each (EA) and shall be total
compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals
necessary to complete the work
Pay Item No. 103 - Remove and Replace 5' Curb Inter; Pay Item No. 104 - Remove and Replace 10' Curb
Inlet; Pay Item No. 105 - Remove and Replace 15' Curb Inlet; and Pay Item No. 106 - Remove and Replace
20' Curb Inlet
This work includes the demolition and reconstruction of inlet at specific locations indicated on the
construction plans or as determined by the CITY, in accordance with the appropriate details and
specifications, including City of Coppell Standard Construction Details and NCTCOG Item 702.
Measurement and payment for work performed and materials furnished related to the constructionof curb
inlets (varioas types & lengths), shal I be made on the basis of the price bid per each (EA) and shall be total
compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals
necessary to complete the work
Pay Item No. 107 - Grubbing/ Land Clearing
This item shall follow the guidelines of Project Specifications and NCTCOG Item 203 and NCTCOG Item 202
Measurement and payment shall be per square yard (SY).
Pay Item No. 108 - Crack and Joint Sealing (Random Cracks, Redwood Expansion Joints, and Construction
Saw Joints)
This item shall be constructed in accordance with Project Specifications and NCTCOG Item 401.1.
Measurement and payment shall be by per liner from (IT).
CITY OF rmiTELL SmnWALK,STREET& ALLEY PAVEMENT REPAIRS Ps'",
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Pay Item No. 109 - Traffic Control Plan on major thoroughfare
This work includes famishing, installing and maintainingthe required temporary traffic control devices &
detours (including temporary traffic buttons and sniping, signage, temporary pavement, temporary rumble
strips, tempormy special sharing, and traffic barriers as needed) during each phase of contraction as shown
and/or indicated on the plans or as determined by [be CITY, in accordance with the appropriate details and
specifications, including the TMUTCD. Inclusive with this pay item Is the requirement for adequate
notification and instruction to be given to the traveling public regarding interruptions or changes to established
traffic flow, patterns to, from and along the work site. This work also includes the use of flagman, if necessary,
to control traffic in an orderly manner as it enters, exits and/or passes through the construction area, as well as
the installation and removal of all temporary pavement.
Traffic control plans and updates shall be provided to the CITY for review prior to construction ar modifying
any traffic flow (changing lanes, mad closures, changing a street to one way, ere.).
This work shalt also include the construction of temporary pavement necessary for traffic shifts, construction
staging, ar as determined by the CITY. Temporary pavement shall be constructed and maintained in these areas
prior m the construction of the final pavement. Any temporary pavement repair required for proposed utility
work (water line, sanitary sewer and smrm drain) is included in this pay item and no separate pay shall be
made. Temporary pavement repair, as required by these specifications, will not be paid for directly but shalt be
considered subsidiary to this pay item.
Additionally, the CONTRACTOR shall maintain the existing roadway and temporary pavement in a safe
driving condition at all tines during connection, throughout the m ea stmction limits of the project. It shall be
the sole responsibility of the CONTRACTOR to maintain the existing road and driving surface far both
existing conditions and issues that may come up during construction. This shall include but is not limited to
pothole repairs and crack scaling that affects driver and/or vehicle safety drying construction as determined by
OWNER.
Furthermore, CONTRACTOR shall coordinate with postal carrierslpostmaster to create and execute a mailbox
relecafion plan to maintain continuous mail delivery throughout construction. This shall include any time,
materials, temporary construction/installations, and any other items required.
Measurement and payment for this work shall be made an the basis of price bid per day (Daily) and shall
be total compensation for famishing and/or operating all labor, materials, tools, equipment, and other
incidentals necessary to complete all phases of the work.
Pay Item No. 110 -Traffic Control Plan on major thoroughfare
This work includes furnishing, installing and maintaining the required temporary traffic control devices &
detours (including temporary traffic buttons and striping, signage, temporary pavement, temporary rumble
strips, temporary special shoring, and traffic barriers as needed) during each phase of construction as shown
and/or indicated on the plans or as determined by the CITY, in accordance with the appropriate details and
specifications, including the TMUTCD. Inclusive with this pay item is the requirement for adequate
notification and instruction to be given to the traveling public regarding interruptions or changes to established
traffic flow patterns to, from and along the work site. This work also includes the use c f flagman, if necessary,
me I traffic in an orderly manner as it enters, exits and/or passes through the construction saes, as well as
the installation and removal of all temparary pavement.
Traffic control plans and updates shall be provided to the CITY far review prior to construction or modifying
any traffic flow (changing lanes, road closures, changing a street to one way, etc.).
This work shall also include the construction of temporary pavement necessary for traffic shifts, construction
staging, or as determined by the CITY. Temporary pavement shall be constructed and maintained in these areas
prim to the construction of the final pavement. Any temporary pavement repair required far proposed utility
CCR'OF COPPELL SIDEWALK, STREETffi ALL6YPAY io-ne'aiaS mgead
Sid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
work (water line, sanitary, sewer and storm drain) is included in this pay item and no separate pay shall be
made. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be
considered subsidiary to this pay item.
Additionally, the CONTRACTOR shall maintain the existing roadway and temporary pavement in a safe
driving condition at all times during construction, throughout the reconstruction limits of the project. It shall be
the sole responsibility of the CONTRACTOR to maintain the existing road and driving surface for both
existing conditions and issues that may come up during construction. This shall Include but is not limited to
pothole repairs and crack scaling that affects driver and/or vehicle safety during construction as determined by
OWNER.
Furthermore, CONTRACTOR shall coordinate with postal worwrsrpostmaster to create and execute a mailbox
relocation plan to maintain continuous mail delivery throughout construction. This shall include any time,
materials, temporary constructionlinstallations, and any other items required.
Measurement and payment for this work shall be made on the basis ofprice bid per week (Weekly) and
shall be total compensation for furnishing andtor operating all labor, materials, tools, equipment, and other
incidentals necessary to complete all phases ofthe work.
Pay Item No. 111- Traffic Control Plan on major thoroughfare
This work includes furnishing, installing and maintaining the required temporary traffic control devices &
detours (including temporary traffic buttons and shiping, signage, temporary pavement, temporary rumble
ships, temporary special shoring, and traffic barriers as needed) during each phase of construction as shown
and/or indicated on the plans or as determined by the CITY, in accordance with the appropriate details and
specifications, including the TMITTCD. Inclusive with this pay item is the requirement for adequate
notification and instruction to be given to the traveling public regarding interruptions or changes to established
traffic flow patterns to, from and along the work site. This work also includes the use of flagman, if necessary,
to control nef5c in an orderly manner as it enters, exits and/or passes through the construction area, as well m
the installation and removal of all temporary pavement.
Traffic control plans and updates shall be provided to the CITY for review prior to construction or modifying
any traffic flow (changing lanes, road closures, changing a street to one way, etc.).
This work shall also include the construction of temporary pavement necessary for traffic shifts, construction
staging, or as determined by the CITY. Temporary pavement shall be constructed and maintained in these areas
prior to the construction of the final pavement. Any temporary pavement repair required for proposed utility
work (water line, sanitary sewer and stomr drain) is included in this pay item and an separate pay shall be
made. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be
considered subsidiary to this pay item.
Additionally, the CONTRACTOR shall maintain the existing roadway and temporary pavement in a safe
driving condition at all times during eonshuctlon, throughout the "construction limits of the pr jeet. it shall be
rite sole responsibility ofthe CONTRACTOR to maintain the existing mad and driving surface for both
existing conditions and issues that may come up during construction. This shall include but is not limited in
pothole repairs and crack sealing that affects driver simper vehicle safety during construction as determined by
OWNER.
Furthermore, CONTRACTOR shall coordinate with postal canicer/postmaster to create and execute a mailbox
relocation plan to maintain continuous mail delivery throughout construction. This shall include any time,
materials, temporary constructionlinsta0ations, and any other items required.
Bid #Q4021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Measurement and payment for this work shall be made on the basis of price bid per month (Monthly) and
shall be total oompensatiou for furnishing and/or operating all labor, materials, tools, equipment, and other
incidentals necessary to complete all phases of the work.
CITY OF WE ELL smswA ,I.F.F& ALLEY PAVEMENT RFRAm1 Est,.
Bid #Q-1021-03 SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
T H E - G I T Y, O F
COPPELL
r e x A s 8 9 0
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Bid # Q-1021-03
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
CITY OF COPPELL SjMAVALK,ST —&ALLEY IA—F-1— Poge 39
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home -role municipality
(heroinaHer referred to as the "Owner's and NEW WORLD CONTRACTING,LLC , (hereinafter referred to se the
"Contractor") for consnuntion of SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS , (hereinafter referred
to as the "Project"), the Owner and the Contractor hereby agreeing as follows:
ARTICLE
THE CONTRACT AND THE CONTRACT
DOCUMENTS
1.1 THECONTRACT
1.1.1 The Contract botween the Owner and the
Contractor, of which this Agreement is a pan, consists
of the Contract Documents. It shall be effective on the
data this Agreement is executed by the last parry to
execute it.
1,2. THECONTRACTDOCHMENTS
1.2.1 The Contract Documents consist of this
Agreement, the Invitation to Bid, Requirements and
Instructions to Bidders, the Specifications, the
Drawings, the Project Manual, all Change Orders and
Field Orders issued hereafter, any other amendments
hereto executed by the parties hereafter, together with
the following (irony):
Documents not enumerated in this Paragraph 1.2.1 are
not Contract Documents and do not form pert of this
Contract.
1.3 ENTIRE AGREEMENT
1.3.1 This Contract together with the
Contracbm's performance and payment bonds for the
Project, all General Conditions, Special Conditions,
Plans and Specifications, and Addenda attached
thereto, constitute the entire and exclusive agreement
between the Owner and the Contractor with reference
to the Project. Specifically, but without limitation, this
Contract supersedes any bid documents and all prior
written or oral communications, representations and
negotiations, if any, between the Owner and
Contractor not expressly made a pan hereof.
IA NOPRIVICYNYUHOTHERS
1.4.1 Nothing contained in this Contract shall
create, a be interpreted to create, privity or any other
contractual agreement between the Owner and any
person or entity, other than the Contractor.
1.5 IN'TENPAND INTERPRETATION
1.5.1 The intent of this Contract is to require
P
correct and timely execution of the Work.
Any Work that may be required, implied or inferud by
the Contract Documents, or any one or more of them,
as necessary to produce the intended result shall be
provided by the Contractor for the Contract Price.
1.5.2 This Contract is intended to be an
integral whole and shall be interpreted as internally
consistent. What is required by any one Contract
Document shall be considered as required by the
Contract.
1.5.3 When a word, term or phrase is used in
this Contract, it shall be interpreted or construed, first,
as defined herein; second, if not defined, a.cendmit t-
its generally accepted meaning in the construction
industry; and third, if thee is no generally accepted
meaning in the construction industry, according to its
common and customary usage.
1.SA The words "include", "includes", or
"including", as used in this Contract, shall be deemed
to be followed by the phrase, "without limitation".
1.5.5 The specification herein of any act,
failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this
Contract shall not imply that any other, non-specified
act, failure, refusal, omission, event, occurrence or
condition shall be deemed not to constitute a material
breach of this Contract.
1.5.6 Words or terms used as nouns in this
Contract shall be inclusive of their singular and plural
forms, unless the context of their usage clearly
requires a contrary meaning.
1.59 The Contractor shall have a continuing
duty to read, carefully study and compete each of the
Contract Documents, the Shop Drawings, the Product
Data, and any Plans and Specifications, and shall give
CIrV Or, COPPELL amnwALIC, STnnET& ALLEN PAVEMENT REPAm3 EnR III
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
written notice to the Owner of any inconsistency,
ambiguity, error or omission which the Contractor
may discover with respect to these documents before
proceeding with the affected Wad;. The issuance, or
the express or implied approval by the Owner or the
Owner's Representative of the Contract Documents,
Shop Drawings or Product Data shall not relieve the
Contractor of the continuing duties imposed hereby,
nor shall any such approval be evidence of the
Contractors compliance with ibis Contract. The
Owner has prepared documents for the Project,
including the Drawings and Speoiflcations for the
Project, which are accurate, adequate, consistent,
coordinated, and sufficient for construction.
HOWEVER, THE OWNER MAKES NO
REPRESENTATION OR WARRANTY OF ANY
NATURE WHATSOEVER TO THE
CONTRACTOR CONCERNING SUCH
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has
received, reviewed and carefully examined such
documents, has found them to be complete, accurate,
adequate, consistent, coordinated and sufficient for
construction, and that the Contractor has not, does not,
and will not rely upon any representation or warmaties
by the Owner concerning such documents as no such
representation tar —call. have been or are hereby
made. Further, the Contractor represents and warrants
that it has had a sufficient opportunity m inspect the
Project site and assumes any and all responsibility for
inadequacies or ambiguities in the plans, drawings or
specifications as well as far latent conditions of thesim
whom the work is to be performed.
1.5.8 As between numbers and scaled
measurements on the Drawings and in the Design, the
numbers shall govern, as between larger scale and
smaller scale drawings, the larger scale shall govern.
1.5.9 Neither the organization of any of the
Contract Documents into divisions, sections,
paragraphs, articles, let other categories), nor the
organization or arrangement of the Design, shall
control the Contractor in dividing the Work or in
establishing the extent or scope of the Work to be
performed by Sal mra aetors.
OVENERSHIPOF
CONTRACT DOCUMENTS
1.6.1 The Contract Documents, and each of
them, shall remain the property of the Owner. The
Contractor shall have the right to keep one record set
of the Contract Documents upon completion of the
Project; provided, however, that in no event shalt
Contractor use, or permit to be used, any or all of such
Contract Documents on other projects without the
Owner"s prior written authorization.
ARTICLE 11
THE WORK
21 The Contractor shall perform all of the
Work required, implied or reasonably inferable from,
this Contract.
2.2 WORK
2.2.1 The term "Work" shall mean whatever is
done by or requhred of the Contractor to perform and
complete its duties under this Contract, including the
following: construction of the whole or a designated
part of the Project; furnishing of any required surety
bonds and insurance, and the provision or furnishing
of tabor, sup—inion, services, materials, supplies,
equipment, fixtures, appliances, facilities, mals,
transportation, storage, power, permits and licenses
required of the Contractor, fuel, heat, light, cooling
and all other utilities m required by this Contract. The
Work to be performed by the Connector is generally
described as follows:
Concrete Sidewalk, Street & Alley Pavement Repairs
/ Construction in accordance with the stated
specifications.
2.2.2 The Contractor shall be responsible for
paying for and procuring all materials and labor and
furnishing all services necessary or appropriate for the
full performance of the Wort; and the for the full
completion of the Project. All materials shall be new,
and materials and workmanship shall be of good
quality. Upon request, the Contractor shall furnish
satisfactory proof of the type, kind, and quality of
materials.
ARTICLE III
CONTRACTTIME
TIME AND LIQUIDATED DAMAGES
3.1.1 The Contractor shall commence the
Work within 10 days of receipt of a written Notice to
Proceed and shall achieve Substantial Completion of
the Work no later than the end of the twelfth month of
the one-year contract period. The parties acknowledge
that time is of the essence in the performance of the
termsofthis Contract. Theterm"calendardays"shall
mean any and all days of the week or month, no days
being excepted.
CrCY OF COPPELL slarwara, STREET st ALLEY PAVEMENT REPAIRS n+6" Ji
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
"Hours worked before 8:00 a.m., after 5:00 p.m., all
weekends and holidays are subject to overtime.
Overtime request most be made in writing acrd approved
by the City of Coppell. Seventy-two hours notice is
required. All overtime incurred by the City for
Inspection services shallbe paid by the Contractor at the
,.to of $54 per hour. If not paid, such ..at may be
deduoted from partial payments." It is comemplated by
the parties that the progress of the Work may be
delayed by certain conditions beyond the control of the
parties; these delays have been contemplated by the
parties and considered in the time allotted for
performance specified herein and includes, but is not
limited to delays occasioned on account of adverse
weather, temporary unavailability of materials,
shipment delays, and the presence and potential
interference of other contractors who may be
performing work at the Project site unrelated to this
agreement.
3.1.2 No claim shall be made by the
Contractor to the Owner, and no damages, costs or
extra compensation shall be allowed or paid by the
Owner to the Contractor for any delay or hindrance
from any cause in the progress or completion of the
Work or this Contract. The Contractor's sale remedy
in the event of any delay or hindrance shall be to
request time extensions by written change mders as
provided for hereinafter. Should the Contractor be
delayed by an act of the Owner, or should the Owner
order a stoppage of the Work for sufficient cause, an
extension of time shall be granted by the Owner by
written authorization upon written application, which
extension shall not be unreasonably denied, to
compensate for the delay.
3.1.3 The Owner shall have the authority to
suspend the Work wholly or in part for such period or
periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the
proper prosecution of the Work or for the failure of the
Contractor to carry out instructions from the Owner or
Owner's Representative. During any period in which
the Work is stopped or during which any of the Work
is not actively in progress for any reason, Contractor
shall properly protect the site and the Work from
damage, lass or harm.
SUBSTANTIAL COMPLETION
3.2.1 "Substantial Completion" shall mean
that stage in the progression of the Work when the
Work is sufficiently complete in accordance with this
Contract that the Owner can enjoy beneficial use or
occupancy of the Work and can utilize the Work for
its intended purpose, even though minor
miscellaneous work and/or adjustment may be
required.
3.3
TIME IS OF THE ESSENCE
3.3,1
All limitations of time set forth in the
Contract Documents
are of the essence of this
Contract.
ARTICLE IV
CONTRACT PRICE
4.1
THE CONTRACT PRICE
4.1.1 The Owner shall pay, and the Contractor
shall accept, as full and complete payment for all of
the Work required herein, the Unit Pricing as
established in the Bid Summary times the Quantity
measured in the field. In the event the Contractor is
unable to complete the selected scope within the
awarded amount, the scope will be mmcamd.
In the event the City desires a Renewal ofEw Contract
in subsequent year(s), the total price will be a variable
amount based on available funding and may be higher
or lower in renewal years (if applicable). According
to State of Texas contract guidelines, the amount ofthe
renewed contract cannot increase or decrease by
more than 25% when renewed.
The Unit Price(s) set forth in the Bid Summary shall
constitute the Contract Price, which shall not be
modified except by written Change Order as provided
in this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 SCHEDULE OF VALUES
5.11 Within ten (10) calendar days of the
effective date hereof, the Contractor shall submit to the
Owner and to the Owner's Representative a Schedule
of V.bRS allocating the Contract Price to the various
portions of the Work. The Contractor's Schedule of
Values shall be prepared in such form, with such
detail, and supported by such data as the Owner may
require to substantiate its accuracy. The Contractor
shall not imbalance it's Schedule of Values nor
artificially inflate any element thereof. The violation
of this provision by the Contractor shall constitute a
material breach of this Contract. The Schedule of
Values shall be used only as a basis for the
Contractor's Applications for Payment and shall only
constitute such basis after it has been acknowledged
and accepted in writing by the Owner's Representative
and the Owner.
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PAYMENT PROCEDURE
5.2.1 The Owner shall pay the Contract Pdce
to the Contractor as provided below:
5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
the Owner's Representative and upon Certificates for
Payment Subsequently issued to the Owner, the Owner
shall make progress payments to the Contractor on
account of the Contract Price.
5.2.3 to or before the 10th day of each
month after commencement of the Work, the
Contractor shall submit an Application for Payment
for the period ending the last day of the previous
month to the Owner in such form and manner, and
with on supporting data and content, as the Owner
may require. Therein, the Contractor may request
paymentfor ninety pamma (90%) of that portion of the
Contract Price properly allocable to Contract
requirements properly provided, labor, materials and
equipment properly incorporated in the Work, less the
total amount of previous payments received from the
Omer. Such Application for Payment shall be signed
by the Contractor and shall constitute the Contractor's
representation that the Work has progressed to the
level for which payment is requested in accordance
with the Schedule of Values, that the Work has been
properly installed or performed in full compliance
with this Contract, and that the Contractor knows of
no reason why payment should not be made as
requested. Thereafter, the Architect will review the
Application. for Payment and may also review the
Work at the Project site or elsewhere to determine
whether the quantity and quality of the Work is as
represented in the Application for Payment and is as
required by this Contract. The Owner shall deternme
and certify to the amount properly owing to the
Contractor. The Owner shall make partial payments
on account of the Contract Price to the Contractor
within thirty (30) days following the receipt and
approval of each Application for Payment. The
amount of each partial payment shall be the amount
certified fm' payment less such amounts, if any,
Otherwise owing by the Contractor to the Owner or
which the Owner shall have the right to withhold as
authorized by this Contract The certification of the
Contractor's Application for Payment shall not
preclude the Owner from the exercise of any of its
rights as set forth to Paragraph 5.3 herein below,
5.2.4 The Contractor warrants that title to all
Work covered by an Application for Paymentwill pass
to the Owner no later than the time of payment. The
Contractor further warrants that upon submittal of an
Application for Payment, all Work for which
payments have been received from the Owner shall be
free and clear ofliens, claims, security interest or other
encumbrances in favor of the Contractor or any other
person or entity whatsoever.
5.2.5 The Contractor shall promptly pay each
Subcontractor out of the amount paid to the Contractor
on account of such Subcontractor's Work, the amount
to which such Subcontractor is entitled. In the event
the Omer becomes informed that the Contractor has
not paid a Subcontractr as herein provided, the
Owner shall have the right, but not the duty, to issue
future checks in payment to the Contractor of amounts
otherwise due hereunder naming the Contractor and
such Subcontractor as joint payees. Suchjointobeck
procedure, if employed by the Owner, shall create no
rights in favor of any parson or entity beyond the right
of the named payees to payment of the check and shall
not be deemed to commit the Owner to repeat the
procedure in the future.
5.2.6 No progress payment, nor any use or
occupancy, of the Project by the owner, shall be
interpreted to constitute an acceptance of any Work
not in strict accordance with this Contract.
WITHHELD PAYNIENT
5.3.1 The Owner may decline to make
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts
previously paid to the Contractor, to protect the Owner
from loss because of:
(a) Defective Work not remedied by the
Contractor nor, in the opinion of the
Owner, likely to be remedied by the
Contractor;
(b) Claims o£third parties against the Owner
or the Owner's property;
(c) Failure by the Contractor to pay
Subcontractors or others in a prompt and
proper fashion;
(d) Evidence that the balance of the Work
cannot be completed in accordance with
the Contract for the unpaid balance ofthe
Contract Price,
(e) Evidence that the Work will not be
completed in the time required for
substantialor final completion;
(f) Persistent failure to carry out the Work
in accordance with the Contract;
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(g) Damage to Che Owner ora third party to
whom the Owner is, at may be, liable.
In the event that the Owner makes
written demand upon the Contractor for amounts
previously paid by the Owner as contemplated in this
Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand. The Owner Shall have no
duty to third parties to withhold payment to the
Contractor and shall incur no liability for a failure to
withhold funds.
UNExcustm FAILURE To PAY
5.4.1 If within fifteen (15) days aper the data
established herein for payment to the Contractor by the
Owner, the Owner, without cause or basis hereunder,
fails to pay the Contractor any amount then due and
payable to the Contractor, then the Contractor may
after ten (10) additional days' written notice to the
Owner, and without prejudice to any other available
rights or remedies it may have, stop the Work until
payment of those amounts due from the Owner have
been received accrue
Late payments shall not interest
or other late charges.
SUBSTANTIAL COMPLETION
5.5.1When the Contractor believes that the
Work is substantially complete, the Contractor shall
submit to the Owner m Owner's Representative a list
of items to be completed or corrected. When the
Owner on the basis of. inspection determines that
the Work is in fact substantially complete, it will
prepare a Certificate of Substantial Completion which
shall establish the date of Substantial Completion,
shall state the responsibilities of the Owner and the
Contractor for Project security, maintenance, heat,
utilities, damage to the Work, and insurance, and shall
fix the time within which the Contractor shall
complete the items listed therein. Guarantees required
by the Contract shall commence on the date of
Substantial Completion of the Work. The Certificate
of Substantial Completion shall be submitted to the
Owner and the Contractor for their written acceptance
of the responsibilities assigned to them in such
certificate.
Upon Substantial Completion of the Work, and
execution by both the Owner and the Contractor of the
Certificate of Substantial Completion, the Owner shall
pay the Contractor an amount sufficient to increase
total payments to the Contractor to one hundred
percent (100%) of the Contract Price less three
hundred percent (300%) of the reasonable cost as
determined by the Owner for completing all
incomplete Work, correcting and bringing into
conformance all defective and nonconforming Work,
and handling all unsettled claims.
COMPLETION AND FINAL PAYMENT
5.6.1 When all cf the Work is finally complete
and the Contractor is ready for a final inspection, it
shall notify the Owner thereof in writing. Thereupon,
the Owner (or Owner's Representative) will make
final inspection of the Work and, if the Work is
complete in full accordance with this Contract and this
Contract has been fully performed, the Owner will
promptly issue a final Certificate for Payment
certifying that the Project is complete and the
Contractor is entitled to the remainder of the unpaid
Contract Price, fess any amount withheld pursuant to
this Contract. If the Owner is unable to issue its final
Certificate for Payment and is required to repeat its
final inspection of the Work the Contractor shall bear
the cost of such repeat final inspeotion(s) which cost
may be deducted by the Owner from the Commetor's
final payment.
5.6.1.1 If the Connector fails to complete the
scope within the time fixed therefore by the contract,
the Contractor shall pay the Owner the sum set forth
hereinabove as liquidated damages of $240 par day for
each and every calendar day of unexcused delay in
achieving final completion beyond the date set forth
herein for final completion of the Work. Any some
due and payable b wounder by the Contractor shalt be
payable, not as it penalty, but as liquidated damages
representing an estimate of delay damages likely to be
sustained by the Owner, estimated at or before the time
of executing this Contract. When the Owner
reasonably believes that final completion will be
inexcusably delayed, the Owner shall be entitled, but
not required, to withhold from any amounts otherwise
due the Contractor an amount then believed by the
Owner to be adequate to recover liquidated damages
applicable to such delays. If and when the Contractor
overcomes the delay in achieving final completion, or
any part thereof, for which the Owner has withheld
payment, the Owner shall promptly release to the
Contractor those funds withheld, but no longer
applicable, as liquidated damages.
5.6.2 The Contractor shall not be entitled to
final payment unless and until it submits to the Owner
its affidavit that all payrolls, invoices for materials and
equipment, and other liabilities connected with the
Work for which the Owner, or the Owner's property
might be responsible, have been fully paid o
otherwise satisfied; releases and waivers of lien from
all Subcontractors of the Contractor and of any and all
other parties required by the Owner, consent of Surety,
if any, to final payment. if any third party fails or
refuses to provide a release of claim or waiver, of lien
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SIDEWALK, S'T'REET & ALLEY PAVEMENT REPAIRS
as required by the Owner, the Contractor shall furnish
a bond satisfactory to the Owner to discharge any such
Run or indemnify the Owner Brom liability.
5.6.3 The Owner shall make final payment of
all sums due the Contractor within ten (10) days ofthe
execution of a final Certificate for Payment.
5.6.4 Acceptance of final payment shall
constitute a waiver of all claims against the Owner by
the Contractor except for those claims previously
made in writing against the Owner by the Contractor,
pending at the time of final payment, and identified in
writing by the Contractor as unsettled at the time of its
request for fmal payment.
5.6.5 Under no circumstance shall Contractor
be entitled to reach, interest on any payments at
monies due Contractor by the Owner, whether the
amount on which the interest may accrue is timely,
late, wrongfully withheld, or an assessment of
damages of any kind.
ARTICLE VI
THE OWNER
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM OWNER
6.1.1 The Owner shall furnish to the
Contractor, at the time of executing this Contract, any
and all written and tangible material in its possession
concerning conditions below ground at the site of the
Project.
Such written and tangible material is famished to the
Contractor only in order to make complete disclosure
of such material and for no other purpose. By
furnishing such material, the Owner does not
represent, warrant, or guarantee its accuracy either in
whole, in part, implicitly or explicitly, or at all, and
shall have no liability, therefore. The Owner shall also
famish surveys, legal limitations and utility locations
(if known), and a legal description of the Project site.
61.2 Excluding permits and fees normally the
responsibility of the Contractor, the Owner shall
obtain all approvals, easements, and the like required
for construction and shall pay for necessary
assessments and charges requiredfor construction, use
or occupancy ofpermanent structures in for permanent
changes in existing facilities.
6.1.3 The Owner shall furnish the Contractor,
free of charge, one copy of the Contract Documents
for execution of the Work.
RIGHT TO STOP WORK
6.2.1 If the Contractor persistently fails or
refuses to perform the Work in aecordance with this
Contract, or if the best interests of the public health,
safety or welfare so require, the Owner may order the
Contractor to stop the Work, or any described portion
thereof, unfit the cause far stoppage has been
corrected, no longer exists, or the Owner orders that
Work be resumed. In such event, the Contractor shall
immediately obey such order.
6.3 OWNER'S RIGHT TO PERFORM WORK
6.3.1 If the Contractor's Work is stopped by
the Owner under Paragraph 6.2, and the Contractor
fails within seven (7) days of such stoppage to provide
adequate assurance to the Owner that the cause of such
stoppage will be eliminated or corrected, then the
Owner may, without prejudice to any other rights or
remedies the Owner may have against the Contractor,
proceed to carry out the subject Work. In such a
situation, an appropriate Change Order shall be issued
deducting from the Contract Price the cost of
correcting the subject deficiencies, plus services and
expenses necessitated thereby, if any. If the unpaid
portion of the Contract Rice is insufficient to cover
the amount due the Owner, the Contractor shall pay
the difference to the Owner.
ARTICLE VII
THE CONTRACTOR
7.1 The Contractor is again reminded of its
continuing duty set forth in Subparagraph 1..5.7. The
Contractor shall perform no part of the Work at any
time without adequate Contract Documents or, as
appropriate, approved Shop Drawings, Product Data
or Samples for such portion of the Work. If the
Contractor performs any of the Work knowing it
involves a recognized error, inconsistency or omission
in the Contract Documents without such notice to the
Owner or Owner's Representative, the Contractor
shall bear responsibility for such performance and
shall beer the cost of correction.
7.2 The Contractor shall perform the Work
strictly in accordance with this Contract.
7.3 The Contractor shall supervise and direct
the Work using the Contractor's best skill, effort and
attention. The Contractor shall be —feasible to the
Owner for any and all acts or omissions of the
Contractor, its employees and others engaged in the
Work on behalf of the Contractor.
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SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
7.3.1 The Contractor shall give adequate
attention to the foithfitl prosecution of the Work and
the timely compledon of this Contract, with authority
to determine the manner and means of perfotming
such Work, so long as such methods insure timely
completion and proper performance.
7.3.2 The Contractor shall exercise all
appropriate means and measures to insure a safe and
secure jobsite in order to avoid and prevent injury,
damage or loss to persons or property.
7.4 WARRANTY
7.4.1The Contractor warrents to the Owner
that all labor famished to progress the Workanderthis
Contract will be competent to perform the tasks
undertaken, that the product of each labor will yield
only fast -class results, that materials and equipment
furnished will be of good quality and new unless
otherwise permitted by this Contract, and that the
Work will be of good quality, free from faults and
defects and in strict conformance with this Contract.
All Work not conforming to these requirements may
be considered defective.
7.5 The Contractor shall obtain and pay for
all permits, fees and licenses necessary and ordinary
for the Work. The Contractor shall comply with all
lawful requirements applicable to the Work and shall
give and, maintain any and all notices required by
applicable law pertaining to the Work
7.6 SUPERVISION
7.6.1 The Contractor shall employ and
maintain at the Project site only competent supervisory
personnel. Absent written instruction from the
Contractor to the contrary, the superintendent shall be
deemed the Contractors authorized representative at
the site and shall be authorized to receive and accept
any and all communications from the Owner or the
Owner's Representative.
7.6.2 Key supervisory personnel assigned by the
Contractor to this Project are as follows:
NAME FUNCTION
So long as the individuals named above remain
actively employed or retained by the Contractor, they
shall perforin the functions indicated next to their
names unless the Owner agrees to the contrary in
writing. In the event one or more individuals not listed
above subsequently assume one or more of those
functions listed above, the Commctor shall be bound
by the provisions of this Subparagraph 7.6.2 as though
such individuals had been listed above.
7.7 The Contractor, within fifteen (15) days of
commencing the Work, shall submit to the Owner for
their information, the Contractor's schedule for
completing the Work. The Contractor's schedule shall
be revised no less frequently than monthly (unless the
parties otherwise agree in writing) and shall be revised
to reflect conditions encountered from time to time
and shall be related to the entire Project. Each such
revision shall be furnished to the Owner and the
Owner's Representative. Failure by the Contractor to
strictly comply with the provisions of this Paragraph
7.7 shall constitute a material breach of this Contract.
7.8 The Contractor shall continuously
maintain at the site, for the benefit of the owner, one
record copy of this Contract marked to record on a
current basis changes, selections and modifications
made during construction. Additionally, the
Contractor shall maintain at the site for the Owner the
approved Shop Drawings, Product Data, Samples and
other similar required submittals. Upon final
completion of the Work, all of these record documents
shall be delivered to the Owner.
7.9 SHOP DRAWINGS, PRODUCT
DATA AND SAMPLES
7.9.1 Shop Drawings, Product Data, Samples
and other submittals from the Contractor do not
constitute Contract Documents. Their purpose is
merely to demonstrate the manner in which the
Contractor intends to implement the Work in
conformance with information received from the
Contract Doessaamm.
7.9.2 The Contractor shall not perform any
portion of the Work requiring submittal and review of
Shop Drawings, Product Data or Samples unless and
until such submittal shall have been approved by the
Owner. Approval by the Owner, however, shall not be
evidence that Work installed pursuant thereto
conforms with the requirements of this Contract.
7.10 CLEANING THE SITE AND THE PROJECT
7.10.1 The Contractor shall keep the site
reasonably clean during performance of the Work.
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Upon final completion of the Work, the Contractor
shall clean the site and the Project and remove all
waste, rubbish, temporary structures, and other
materials together with all of the Contractor's property
therefrom. Contractor shall dispose of all refuse at a
Texas Commission on Environmental Quality
approved landfill. The Contractor shall further restore
all property damaged during the prosecution of the
Work and shall leave the site in a clean and presentable
condition. No additional payment shall be made by the
Owner for this work, the compensation having been
considered and included in the contract price.
7.11ACCESSTO WORK AND INSPECTIONS
7.1 1.1
The Owner and the Owner's
Representative shall have access to the Work at all
times from commencement of the Work through final
completion. The Contractor shall take whatever steps
necessary to provide .—AS when requested. When
reasonably requested by the Owner or the Owner's
Representative, the Contractor shall perform or cause
to be performed sub testing as may be necessary or
appropriate to insure suitability of the jobsite or the
Work's compliance with the Contract requirements.
All overtime incurred by the City for inspection services
Mall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments."
7.12 INDEMNITY AND DISCLAIMER
7.12.1 OWNER SHALL NOT BE LIABLE OR
RESPONSIBLE FOR, AND SHALL BE
INDEMNIFIED, DEFENDED, HELD HARMLESS
AND RELEASED BY CONTRACTOR FROM AND
AGAINST ANY AND ALL SUITS, ACTIONS,
LOSSES, DAMAGES, CLAIMS, OR LIABILITY
OF ANY CHARACTER, TYPE, OR DESCRIPTION,
INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES FOR
INJURY OR DEATH TO ANY PERSON, OR
INJURY OR LOSS TO ANY PROPERTY,
RECEIVED OR SUSTAINED BY ANY PERSON
OR PERSONS, INCLUDING THE CONTRACTOR,
OR PROPERTY, ARISING OUT OF, OR
OCCASIONED BY, DIRECTLY OR INDIRECTLY,
THE PERFORMANCE OF CONTRACTOR UNDER
THIS AGREEMENT, INCLUDING CLAIMS AND
DAMAGES ARISING IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF OWNER,
WITHOUT, HOWEVER, WAIVING ANY
GOVERN -MENTAL IMMUNITY AVAILABLE TO
THE OWNER UNDER TEXAS LAW AND
WITHOUT WAIVING ANY DEFENSES OF THE
PARTIES UNDER TEXAS LAW. THE
PROVISIONS OF THIS INDEMNI-FICATION ARE
SOLELY 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. IT IS THE EXPRESSED INTENT OF THE
PARTIES TO THIS AGREEMENT THAT THE
INDEMNITY PROVIDED FOR IN THIS
CONTRACT IS AN INDEMNITY EXTENDED BY
CONTRACTOR TO INDEMNIFY AND PROTECT
OWNER FROM THE CONSEQUENCES OF THE
CONTRACTOR'S AS WELL AS THE OWNER'S
NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY
SUCH INJURY, DEATH, OR DAMAGE. IN
ADDITION, CONTRACTOR SHALL OBTAIN
AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE
AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE
AND NAMING THE OWNER "CITY OF
COPPELL" AS AN ADDITIONAL INSURED ON
THE REQUIRED COVERAGE.
7.12.2 The Contractor will seome and maintain
Contractual Liability insurance to cover this
indemnification agreement that will be primary and
non-contributory As to any hlsurance maintained by
the Owner f its own benefit, including self-
insuranes. In addition, Contractor shall obtain and file
with Owner City of Coppell. a Standard Certificate of
Insurance and applicable policy endorsement
evidencing the required coverage and naming the
owner "City of Coppell" as an additional insured on
the required coverage.
7.12.3 In claims against any person or entity
indemnified under this Paragraph 7.12 by an employee
of the Contractor, a Subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts
they may be Gable, the indemnification obligation
under this Paragraph 7.12 shall not be limited by a
limitation on amount or type of damages,
compensation or benefits payable by or for the
Contractor or a Subcontractor under workers'
compensation is, disability benefit acts or other
employee benefit acts.
7.13 NONDISCRIMINATION
7.13.1 The Contractor shall not discriminate in
any way against any person, employee orjob applicant
on the basis of race, color, creed, national original,
religion, age, say, or disability where reasonable
accommodations can be effected to enable the person
to perform the essential functions of the job. The
Contractor shall further ensure that the foregoing
nondiscrimination requirement shall be made a put
and requirement of each subcontract on this Project.
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SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
7.14 PREVAILING WAGE RATES
7.14.1 The Contractor shall comply in all
respects with all requirements imposed by any laws,
ordinances, or resolutions applicable to the Project
with regard to the minimum prevailing wage rates for
all classes of employees, laborers, subcontractors,
mechanics, workmen and persons furnishing labor and
services to the Project. The City of Cupped has
adopted a Prevailing Wage Rate Schedule, available to
the Contractor by request, which specifies the classes
and wage rates to be paid to all persons. The
Contractor shall pay not less than the minimum wage
rates established thereby for such class, craft or type
of labor, workman, or mechanic employed in the
execution of this Contract. The failure of the
Contractor to comply with this requirement shall result
in the forfeiture to the City of Coppell of a sum of not
less than Sixty Dollars ($60.00) for each person per
day, or portion thereof, that such person is paid less
than the prevailing rate. Upon request by the Owner,
Contractor shall make available for inspection and
copying its books and records, including but not
limited to its payroll records, account information and
other documents as may be required by the Owner to
sowre compliance with this provision.
7.1$ SOR SITE SAFETY PRECAUTIONS
7.151 The Contractor shall at alt times exercise
easonableprecautions for the safety of its employees,
laborers, subcontractors, mechanics, workmen and
others on and near the jobsite and shall comply will,
all laws, ordinances, regulations, and standards of
federal, state, and local safety taws and regulations.
The Contractor shall provide such machinery guards,
safe walk -ways, ladders, bridges, and other safety
devices as may be necessary or appropriate to insure a
safe and secure jobsite and shall require its
subcontractors to comply with this requirement. The
Contractor shall immediately comply with any and all
safety requirements imposed by the Owner or Owner's
Representative during the progress of the Work,
7.16 WARNING DEVICES AND BARRICADES
7.16 .1 The Contractor shall furnish and maintain
such warning devices, barricades, lights, signs,
pavement markings, and other devices as may be
necessary or appropriate or required by the Owner's
Representative to protect persons or property in, near
or adjacent to the jobsite. No separate compensation
shall be paid to the Contractor for such measures.
Where the Work is being conducted in, upon or near
streets, alleys, sidewalks, or other rights-of-way, the
Contractor shall insure the placement, maintenance
and operation of any and all such warning devices as
may be required by the City of Coppell and shall do so
until no longer required by the City. Stich devices
shall be in compliance with and conform to the manual
and specifications for the uniform system of traffic
control devices adopted by the Texas Department of
Transportation (TMUTCD).
7.17 PROTECTION OF UTILITIES
AND OTHER CONTRACTORS
7.17.1 The Contractor shall use best efforts to
leave undisturbed and uninterrupted all utilities and
utility services provided to the jobsite or which
presently exists at, above or beneath the location
where the Work is to be performed, in the event that
any utility car utility service is disturbed or damaged
during the progress of the Work, the Contractor shall
forthwith repair, remedy or restore the utility at
Contractor's sole expense.
7.17.2 The Contractor understands and
acknowledges that other contractors of the Owner or
of other entities may be present at the jobsite
performing other work unrelated to the Project. The
Contractor shall use best efforts to work around other
ennhzetora without impeding the work of others while
still adhering to the completion date established
herein. In the event that the Contractor's work is or
may be delayed by any other person, the Contractor
shall immediately give notice thereof to the Architect
and shall request a written Change Order in
accordance with the procedures set forth by this
Contract. The Contractor's failure to provide such
notice and to request such Change Order shall
constitute a waiver of any and all claims associated
therewith.
ARTICLE VITT
CONTRACT ADMINISTRATION
OWNER'S REPRESENTATIVE
8.11 When used in this Contract the term
"Owner's Representative" shall be used
interchangeably and shall mean a designated
Architect, City, or Contract Administrator, or
Inspector (who may not be an architect or City) for the
Owner, said person to be designated or re -designated
by the Owner prior to or at any time during the Work
hereunder. The Owner's Representative may be an
employee of the Owner or may be retained by the
Owner as an independent contractor but, in either
event, the Owner's Representative's duties and
authority shall be as set forth hereinafter. The
Contractor understands and agrees that it shall abide
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
by the decisions and instructions of the Owner's
Representative, notwithstanding the contracmal
relationship between the Owner and the Owner's
Representative. Allcfthe Owner'smstmetionstothe
Contractor And be through the Owner's
Representative.
In the event the Owner should find it necessary or
convenient to replace the Owner's Representative, the
Owner shall retain a replacement and the status ofthe
replacement shall be that of the former Owner's
Representative.
ADMINISTRATION
8.2.1 The Owner's Representative, unless
otherwise directed by the Owner in writing, will
perform those duties and discharge those
responsibilities allocated to the Owner's
Representative as set forth in this Contract and shall
represent the Owner fiven the effective date of this
Contract until final payment has been made.
8.2.2 The Owner and the Contractor shall
communicate with each other in the first instance
through the Owner's Representative.
8.2.3 The Owner's Representative shall be the
initial interpreter of the requirements of the drawings
and specifications and the judge of the performance
therermder by the Contractor. The Owner's
Representative Shall render written or graphic
interpretations necessary for the proper execution or
progress of the Work with reasonable prvmpmess on
request of the Contractor.
8.2.4 The Owner's Representative will review
the Contractor's Applications for Payment and will
certify to the Owner for payment to the Contractor,
those amounts then due the Contractor as provided in
this Contract.
8.25 The Owner's Representative shall have
authority to reject Work which is defective or does not
conform to the requirements of this Contract. If the
Owner's Representative deems it necessary or
advisable, he or she shall have authority to require
additional inspection or testing of the Work for
compliance with Contract requirements.
8.2.6 The Owner's Representative will review
and approve, or takeother appropriate action as
necessary, concerning the Contractor's submittals
including Shop Drawings, Product Data and Samples.
Such review, approval or other action shall be for the
sole purpose of determining conformance with the
design concept and information given through the
Contract Documents.
8.2.7 The Owner's Representative will
prepare Change Orders and may authorize minor
changes in the Work by Field Order as provided
Elsewhere herem.
8.2.8 The Owner's Representative shah, upon
written request from the Contractor, conduct
inspections to determine the data of Substantial
Completion and the date of final completion, will
receive and forward to the Owner for the Owner's
review and records, written warranties and related
documents required by this Contract and will issue a
final Certificate for Payment upon compliance with
the requirements of tbis Contract.
8.2.9 The Owner's Representative's decisions
in matters relating to aesthetic effect shall be final if
consistent with the intent of this Contract.
CLAIMS BY TRE CONTRACTOR
8.3.1 The Owner's Representative shall
determine all claims and matters in dispute with regard
to the execution, progress, or sufficiency of tare Work
or the interpretation of the Contract Documents,
including but not limited to the plans and
specifications. Any dispute shall be submitted in
writing to the Owner's Representative within Seven (7)
days of the event or occurrence or the first appearance
of the condition giving rise to the claim or dispute that
shall render a written decision within a reasonable
time thereafter, The Owner's Representative's
decisions shall be final and binding on the parties. In
the event that the Contractor objects to the
determination of any submitted dispute, the Contractor
shall submit a when objection to the Owner within
tan (10) days of receipt of the Owner's
Representative's written determination in order to
preserve the objection. Failure to so object shall
constitute a waiver of the objection for all purposes.
8.3.2 Pending final resolutum of any claim of
the Contractor, the Contractor shall diligently proceed
with performance of this Contract and the Owner shall
continue to make payments to the Contractor in
accordance with this Contract.
8.3.3 CLAIMS FOR CONCEALED, LATENT OR
IINKNOtm CONDITIONS - The Contractor expressly
represents that it has been provided with an adequate
opportunity to inspect the Project site and thoroughly
review the Contract Documents and plans and
specifications prior to submission of its bid and the
Owner's acceptance of the bid. Subject to the
conditions hereof, Contractor assumes full
responsibility and risk for any concealed, latent or
unknown condition which may affect the Work No
claims for extra work or additional compensation shall
CITY OF COPPELL Sm enin.,STREET& ALLEY PAVEMENT REPAIRS 'Sa, Fs
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
be made by Contractor in connection with concealed,
latent or unknown conditions except as expressly
provided herein. Should concealed, lateramtorknown
conditions encountered in the performance of the
Work (a) below the surface of the ground or (b) in an
existing sbuoture be at variance with the conditions
indicated by this Contract, or should unknown
conditions of an unusual nature differing materially
from those ordinarily encountered in the area and
generally recognized as inherent in Work of the
character provided for in this Contract, be
encountered, the Contract Price shall be equitably
adjusted by Change Order upon the written notice and
claim by either party made within seven (7) days after
the fist observance of the condition. As a condition
precedent to the Owner having any liability to the
Contractor for concealed or unknown conditions, the
Contractor must give the Owner and the Owner's
representative written notice of, and an opportunity to
observe, the condition prior to disturbing it. The
failure by the Contractor to make the written notice
and claim as provided in this Subparagraph shall
constitute a waiver by the Contractor of any claim
arising out of or relating to such concealed, latent or
unknown condition and the Contractor thereby
assumes all risks and additionalcosts associated
therewith.
8.3.4 CL 4nc x FOR ADDrTTONAL Cows - If the
Contractor wishes to make a claim for an increase in
the Contract Price, as a condition precedent to any
liability of the Owner therefore, he Contractor shall
give the Owner's Representative written notice ofsuch
claim within seven O days after the occurrence ofthe
event, or the first appearance of the condition, giving
i. to such claim. Such notice shall be give. by the
Contractor before proceeding to execute any
additional or changed Work The failure by the
Contractor to give such notice and to give such notice
prior to executing the Work shall constitute a waiver
of any claim for additional compsoaation.
8.3.4.1 In connection with any claim by the
Contractor against the Owner fm compensation in
excess of the Contract Puioe, any liability of the Owner
for the Contractor's costs shall be strictly limited to
direct costs incurred by the Contractor and shall in no
event include indirect costs or consequential damages
of the Contractor. The Owner shall not be liable to the
Contractor for claims of third parties, including
Subconttaetors. The Owner shall not be liable to the
Contractor for any claims based upon delay to the
Contractor for any reason whatsoever including any
.at or neglect on the part Fiber Owner.
8.3.5 CLAIMS FOR ADDITTONAL TIME - If the
Contractor is delayed in progressing any task which at
the time of the delay is then critical or which during
the delay becomes critical, as the sole result of any act
or neglect to act by the Owner or someone acting in
the Owner's behalf, may changes ordered in the Work,
unusual delay in banspmtation, unusually adverse
weather conditions not reasonably anticipated, fire or
any causes beyond the Contractor's control, then the
date for achieving Substantial Completion ofdre Work
shall be extended upon the written notice and claim of
the Contractor to the Owner and the Owner's
Representative, for such reasonable time as the Owner
may determine. Any notice and claim for an extension
of time by the Contractor shall be made not more than
seven (7) days after the occurrence of the event or the
first appearance of the condition giving rise to the
claim and shall set Earth in detail the Cmnraetor's basis
for requiring additional time in which to complete the
Project. In the event the delay to the Contractor is a
continuing one, only one notice and claim for
additional time shall be necessary. If the Contractor
fails to make such claim as required in this
Subparagraph, any claim for an extension oftime shall
be waived. The procedures and remedies provided by
this provision shall be the sole remedy of Contractor
and Contractor shall not assert nor be entitled to any
additional delays or damages associated therewith.
8.4 FIELD ORDERS
8.4.1 The Owner's Representative shall have
authority to order minor changes in the Work not
involving aehange in the Contract Price or in Contract
Time and not inconsistent with the intent of the
Contract. Such changes shall be effected by Field
Order and shall be binding upon the Contractor. The
Contractor shall cavy out such Field Orders promptly.
8.5 MEDIATION
8.5.1 In the event that a dispute arises under
the terms of this Contract, following an adverse
determination by the Owner's Representative and
proper preservation of the issue as required herein, the
parties agree to submit to mediation. In such event,
the panties shall agree to a designated perean to serve
as mediator and each party shall be responsible for
payment of one-half of the total mediation fres. The
parties shall submit the dispute w mediation as soon as
Practical and in no event later than one (1) year after
the Owner's written decision on the matter. At least
one designated representative of each party most
attend and participate in good faith in an effort to
resolve the matters in dispute.
8.5.2 In no event shall the foregoing provision
justify or authorize any delay in the progress of the
Work; the parties shall abide by the decision of the
Owner's Representative in accomplishing the timely
completion of the Project.
CITY OF COPY&LL SHAWALIy STREET&ALL 11 -F -ST tom—S Pogo 50
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
ARTICLE IX
SUBCONTRACTORS
9.1 DEFINITION
9.1.1 A Subcontractor is an entity which has a
direct contract with the Contractor to perform a
portion. of the Work. No Subcontractor shall be in
privily with the Owner.
AWARD OF SUBCONTRACTS
92.1 Upon execution of the Contract, the
Contractor shall furnish the Owner, in writing, the
names of persons or entities proposed by the
Contractor to act as a Subcontractor on the Project.
The Owner shall promptly reply to the Contractor, in
writing, staling any objections the Owner may have to
such proposed Subcontractor. The Contractor shah
not enter into a subcontract with a proposed
Subcontractor with reference to whom the Owner has
made timely objection. The Contractor shall not be
required to subcontract with any party to whom the
Contractor has objection.
9.2.2 All subcontracts shall afford the
Contractor rights against the Subcontractor which
correspond to those rights afforded to the Owner
against the Contractor herein, including those rights
afforded to the Owner by Subparagraph 12.2.1. below.
All subcontracts shall incorporate by reference the
provisions boreof and shall provide that no claims,
causes or demands shall be made by any Subcontractor
against the Owner.
9.2.3 The Contractor shall indemnify, defend
and hold harmless the Owner from and against any and
all claims, demands, causes of action, damage, and
liability asserted or made against the Owner by or on
behalf of any Subcontractor.
ARTICLE X
CHANGES IN THE WORK
10.1 CHANGESPERNHTTED
UCLI Changes in the Work within the general
scope of this Contract, consisting of additions,
deletions, revisions, or any combination thereof, may
be mdered without invalidating this Contract, by
Change Order or by Field Order.
10,1.2 Changes in the Work shall be performed
under applicable provisions of this Contract, and the
Contractor shall proceed promptly with such changes.
10.2 CHANGE ORDER DEFINED
10.2.1 Change Order shall mean a written order
to the Contractor executed by the Owner, issued after
execution of this Contract, authorizing and directing a
change in the Work or an adjustment in the Contract
Price or the Contract Time, or any combination
thereof. The Contract Price and the Contract Time
may be changed only by written Change Order.
10.3 CHANGES IN THE CONTRACT PRICE
10.3.1 Any change in the Contract Price
resulting from a Change Order shall be determined as
follows: (a) by mutual agreement between the Owner
and the Contractor as evidenced by (1) the change In
the Contract Price being set forth in the Change Order,
(2) such change in the Contract Price, together with
any conditions or requirements related thereto, being
initialed by both parties and (3) the Contractor's
execution of the Change Order, or (b) if no mutual
agreement odours between the Owner and the
Contractor, then, as provided in Subparagraph 10.3.2
below.
103.2 If no mutual agreement occurs between
the Owner and the Contractor as contemplated in
Subparagraph 10.3.1 above, the change in the Contract
Price, !fairy,
shall then be determined by the Owner's
Representative on the basis of the reasonable
expenditures or savings of those performing, deleting
or revising the Work attributable to the change,
including, in the case of an increase or decrease in the
Contract Prim, a reasonable allowance for direct job
site overhead and profit. In such case, the Contractor
shall present, in such form and with such content as
the Owner may require, an itemized accounting of
such expenditures or savings, plus appropriate
supporting data for inclusion in a Change Order.
Reasonable expenditures or savings shall be limited to
the following: reasonable costs of materials, supplies,
or equipment including delivery costs, reasonable
costs of labor, including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workerscompensation
insurance, reasonable rental costs of machinery and
equipment exclusive of hand tools whether rented
from the Contractor or others, reasonable costs of
premiums for all bonds and insurance, permit fees, and
sales, use or other taxes related to the Work, and
reasonable cost of direct supervision and jobsite field
office overhead directly attributable to the change. In
no event shall any expenditure or savings associated
with the Contractor's home office or other non jobsite
overhead expense be includedin any change in the
Contract Price. Pending final determination of
reasonable expenditures or savings to the Owner,
CrTv of COPPELL SIDEWALK, STREET & ALLEY YAVEarENT REPAIRS Page 11
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
payments on account shall be made to the Contractor
on the Certificate for Payment.
10.3.3 If unit prices are provided in the
Contract, and if the quantities contemplated are so
changed in a proposed Change Order that application
of such unit prices to the quantities of Work proposed
will cause substantial inequity to the Owner or to the
Contractor, the applicable unit prices shall be
equitably adjusted.
10.4 MINOR CHANGES
10.4.1 The Owner's Representative shall have
authority to order minor changes in the Work not
involving a change in the Contract Price or an
extension of the Contract Time and not inconsistent
with the intent of this Contract Such minor changes
shall be made by written Field Order and shall be
binding upon the owner and the Contractor. The
Contractor shall promptly carry out such written Field
Orders.
10.5 EFFEctroFEXECIrrED
CHANGE ORDER
10.5.1 The execution of a Change Order by the
Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the
Work, this Contract as thus amended, the Contract
Price and the Contract Time, The Contractor, by
executing the Change Order, waives and forever
releases any claim against the Owner for additional
time or compensation for matters relating to or arising
out of an resulting from the Work included within or
affected by the executed Change Order.
10.6 NOTICE TO SURETY; CONSENT
10.6.1 The Contractor shall notify and obtain
the consent and approval of the Contractor's surety,
with reference to all Change Orders if such notice,
consent or approval is required by the Contractor's
surety or by law. The Contractor's execution of the
Change Order shall constitute the Contractor's
warranty to the Owner that the surety has been notified
of and consents to, such Change Order and the surety
shall be conclusively deemed to have been notified of
such Change Order and to have expressly consented
thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11,1 UNCOVERING WORK
11.1.1 If any of the Work is covered contrary to
the Owner's request or to any provisions of this
Contract, it shall, if required by the Owner's
Representative or tha 0-, be uncovered for
inspection and shall be property replaced at the
Contractor's expense without change in the Contract
Time.
11.1.2 If any ofthe Work is covered in amanner
not inconsistent with Subparagraph 11.1.1 above, it
shall, if required by the Owner's Representative or
Owner, be uncovered for inspection. If such Work
conforms strictly with this Contract, costs of
uncovering and proper replacement shall by Change.
Order be chargedm the Owner. If such Work does not
strictly conform with this Contract, the Contractor
shall pay the costs of uncovering and proper
replacement.
11.2 CORRECTING WORK
11.2.1 The Contractor shall immediately
proceed to correct Work rejected by the Owner's
Representative as defective or failing to conform to
this Contract. The Contractor shall pay all costs and
expenses associated with correcting such jetted
Work, including any additional testing and inspections
and expenses made necessity thereby.
11.2.2 If within two (2) years after Substantial
Completion of the Work any of the Work is found to
be defcerive m at accordance with this Contract,
the Contractor shall correct it promptly upon receipt of
written notice firm the Owaer. This obligation shalt
survive f al payment by the Owner and termination
ofthis Contract. With respect to Work fast performed
and completed after Substantial Completion, this one
year obligation to specifically correct defective and
nonconforming Work shall be extended by the period
.franc which elapses between Substantial Completion
and completion fthe subject Work.
11.2,3 Nothing contained in this Paragraph 11.2
shalt establish any period of limitation with respect to
other obligations which the Contractor has under this
Contract. Establishment of the one yeartime period in
Subparagraph 11.2.2 relates only to the duty of the
Contractor to specifically correct the Work.
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
11.3 O}YNER MAY ACCEPT DEFECTIVE
OR NONCONFORMING WORK
11.3.1 If the Owner chooses to accept defective
or nonconforming Work, the Owner may do so. In
such event, the Contract Price shall be reduced by the
greater of (a) the reasonable cost of removing and
correcting the defective or nonconforming Work, and
(b) the difference between fie fair market value of the
Project as constructed and the fair market value of the
Project had it not been constructed in such a manner
as to Include defective or nonconforming Work. Ifthe
remaining portion of the unpaid Contract Price, if any,
is insufficient to compensate the Owner for its
acceptance of defective or ...... harming Work, the
Contractor shall, upon written demand fiom the
Owner, pay the Owner such remaining compensation
for accepting defective or nonconforming Work.
ARTICLE XII
CONTRACT TERMINATION
12.1 TERMINATION BY THE CONTRACTOR
12.1.1 If the Work is stopped for a period of
ninety (90) days by m order of any coast or other
public authority, or as a result of an act of the
Government, through no fault ofthe Contractor or any
person or entity working directly or indirectly for the
Contractor, the Contractor may, upon ten (10) days'
written notice to the Owner, terminate performance
under this Contract and recover fiom the Owner
payment for the actual reasonable expenditures of the
Contractor (se limited in Subparagraph 10.3.2 above)
for all Work executed and for materials, equipment,
tools, construction equipment and machinery actually
purchased or rented solely for the Work, less any
salvage value of any such items.
12.2.1..1 The Owner may for any reason
whatsoever terminate performance under this Contract
by the Contractor for convenience The Owner shall
give written notice of such termination to the
Contractor specifying when terminationbecomes
effective.
12.2.1.2 The Contractor shall incur no further
obligations in connection with the Work and the
Contractor shall stop Work when such termination
becomes effective. The Contractor shall also
terminate outstanding orders and subcontracts. The
Contractor shall settle the liabilities and claims arising
out of the termination of subcontracts and orders. The
Owner may direct the Contractor to assign the
Contractors right, title and interest under terminated
orders or subcontracts to the Owner or its designee.
12.2.1.3 The Com,aetor shall transfer title and
deliver to the Owner such completed or partially
completed Work and materials, equipment, parts,
fixtures, information and Contract rights as the
Contractor has.
12.2.1.4 (a) The Contractor shall submit a
termination claim to the Owner
specifying the amounts due two ...c of
the termination for convenience
together with costs, pricing or other
data required by the Owner. If the
Contractor fails to file a termination
claim within one (1) year from the
effective date of termination, the
Owner shall pay the Contractor, an
amount derived in accordance with
subparagraph (c) below.
(b) The Owner and the Contractor may
agree to the compensation, if any, due
to the Contractor hereunder.
12.1.2 If the Owner shall persistently or (c) Absent agreement to the amount due
repeatedly fail to perform any material obligation to to the Contractor; the Owner shall pay
the Contractor for a period of fifteen (15) days after the Contractor the following amounts:
receiving written notice from the Contractor of its
intent to terminate hereunder, the Contractor may (e) Contract prices for labor, materials,
terminate performance under this Contract by written equipment and other services accepted
notice to the Owner. In such avant, tine Contractor under this Contract;
shall be entitled to recover frorn the Owner as though
the Owner bad terminated the Contractor's (d) Reasonable costs. erred in
performance under this Contract for convenience preparing to performand in
pursuant to Subparagraph 12.2.1 hereunde, performing the terminated portion of
the Work, and in terminating the
12.2 TERntmATION BY THE OWNER Contractor's performance, plus a fair
and reasonable allowance for
12.2.1 FOR COA4ZNIENCE overhead and profit thereon (such
profit shall not include anticipated
profit m consequential damages),
CITY OF rn-ELL SmEw, UL, STREET & ALLEY PAVEMENT REPAIRS cost.
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
provided however, that if it appears
that the Contractor would have not
profited or would have sustained a loss
if the entire Contract would have been
completed, no profit shall be allowed
or included and the amount of
compensation shall be reduced to
reflect the anticipated rate of loss, if
any;
(e) Reasonable costs of settling and
paying claims arising out of the
termination of subcontracts or orders
pursuant to Subparagraph 12.2.1.2 of
this Paragraph. These costs shall not
include amounts paid in accordance
with other provisions hereof.
The total sum to be paid the Contractor under this
Subparagraph 12.2.1 shall not exceed the total
Contract Price, as properly adjusted, reduced by the
amount of payments otherwise made, and shall in no
event include duplication of payment.
12.2.2 FOR CA USE
122.2.1 If the Contractor persistently a
repeatedly refuses or fails to prosecute the Work in a
timely manner, abandons the jobsite and fails to
resume work within five (S) days of written notice
thereof by the Owner, fails to grant or allow access to
the jobehe by the Owner or Owner's Representative,
fails to supply enough properly skilled workers,
supervisory personnel or proper equipment or
materials, fails to make prompt payment to
Subcontractors or for materials or labor, persistently
disregards laws, ordinances, rules, regulations or
orders of any public authority having jurisdiction, or
otherwise is guilty of a violation of a material
provision of this Contract, than the Owner may by
written ..tire to the Contractor, without prejudice to
any other right or remedy, terminate the employment
of the Contractor and take possession of the site and of
all materials, equipment, tools, construction
equipment and machinery thereon owned by the
Contractor and may finish the Work by whatever
methods it may deem expedient. In such case, the
Contractor shall not be entitled to receive any further
payment until the Work is finished.
12.2.2.2 If the unpaid balance of the Contract
Price does not exceed the cost of finishing the work,
including compensation for expenses made necessary
thereby, such difference shall be paid by the
Contractor to the Owner. This obligation for payment
shall survive the termination of the Contract.
12.2.2.3 In the event the employment of the
Contractor is terminated by the Owner for cause
Dormant to Subparagraph 12.2.2 and it is subsequently
determined by a Court of competent jurisdiction that
such termination was without cause, such termination
shall thereupon be deemed a Termination for
Convenience under Subparagraph 12.2.1 and the
provisions of Subparagrapb 12.2.1 shall apply.
ARTICLE XIR
INSURANCE
13.1 CONTRACTOR SHALL
MAINTAIN INSURANCE
13.1.1 The Contractor at his own expense shall
purchase, maintain and keep in faro, during the life of
this contract, adequate insurance that will protect the
Contractor and/or any Additional Insured firom claims
which may arise out of or result form operations under
this contract. Thu insurance required shall provide
adequate protections from all claims, whether such
operations be by the Contractor or by any Additional
Insured or by any Subcontractor or by anyone directly
or indirectly employed by any of them, or by anyone
whose acts of any of them may be liable and from any
special hazards, such as blasting, which may be
encountered in the performance of this contract in the
amounts as shown below in paragraph 13.2.1.
13.1.2 The Contractor shall not commence
work on any Contract in the City of Coppell until the
Contractor has obtained all the insurance required
under this paragraph and such insurance has been
approved by the City.
13.2 TYPES AND AMOUNTS OF
CONTRACTOR'S INSURANCE
13.2.1. The Contractor shall furnish and
maintain during the life of the contract adequate
Worker's Compensation and Commercial Commit
Liability (Public) Insurance in such amounts as
follows:
Type of firs— nee Amount
Worker's Compensation se set forth in the Worker's
Compensation Act,
Commercial General $1,000,000 Each
Aceident/Occuromax.
CITY OFCOPPELL s movaLl4 STREET & ALLEY PAVIALENT REPAms Page at
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products A,
Completed Operations
Aggregate.
Owner's Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excoss/Umbrella Liability $1,000,000 per occurrence
wldrop down coverage
Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
Project or Owner's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
werutence.
13.3 ADDITIONAL INSURED
The Owner shall be armed as an additional insured on
the Commercial General Liability (Public), Owner's
Protective Liability, and EscAsstUmbrella Liability
Insurance Policies furnished by the Contractor.
13.4 WRITTEN NOTIFICATION
Each insurance policy shall contain a provision
requiring that thirty (30) days prior to expiration,
cancellation, non -renewal or any material change in
coverage, a notice there of shall be given by certified
mail to the Division of Purchasing, City of Coppetl,
255 Parkway Blvd, Coppell, Texas, 75019.
13.5 PREMIUMS AND ASSESSMENTS
Companies issuing the insurance policies shall have no
recourse against the Ci 0, for payment ofany premiums
or assessments for any deductibles which are at the
sole responsibility and risk of the Contractor.
13.6 CERTIFICATE OR INSURANCE
Proof that the insurance is in force shall be famished
to the City on City of Coppell Standard Certificate of
Insurance Forms. In the event My insurance policy
shown on the Certificate of Insurance has an
expiration date that is prior to the completion and final
acceptance of the project by the City of Coppetl, the
contractor shall furnish the City proof of identical
continued coverage no later than thirty (30) days prior
to the expiration date shown oa the Certificate of
Insurance.
13.7 PRIMARY COVERAGE
The coverage provided herein shall be primary and
noncontributory with my other insurance maintained
by the City of Coppel 1, Texas, for its benefit, including
self-insurance.
13.8 WORKER'S C)NIPENSATION
INSURANCE COVERAGE
13.8.1 The Contractor shalt:
(1) provide coverage for its employees
providing services on a project, for the
duration of the project based on proper
reporting of classification codes and
payroll amounts and filing of any coverage
agreements;
(2) provide a certificate of coverage showing
workers' compensation coverage to the
governmental entity prior to beginning
work on the project;
(3) provide the governmental entity prior to
the end of the coverage period, a new
certificate of coverage showing extension
of coverage, if the coverage period shown
on the contractor's current certificate of
coverage ends during the duration of the
project;
(4) obtain from each person providing services
on a project, and provide to the
governmental entity:
(A) 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
In oviding services on the project; and
(B) no later than seven days after receipt
by the connector, a new certificate of
coverage showing extension of
covc.ge, 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 ..it or personal delivery,
within 10 days after the contractor knew or
should have known, of any change that
materially affects the provision of coverage
CITY OFCOPPELLSmEWA1,K, STREET & AL-1.M11ENT—ms EN, 95
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
of any person providing services on the
(B)
provide a certificate of coverage to
the contractor prior to that person
Project;
beginning work on the project;
(7) post a notice on each project site informing
the
(C)
include in all contracts to Ovide
pr
all persons providing services on
project that they are required to be covered
services on the project the language
and stating how a parson may verify
in subsection (e)(3) of this rule;
current coverage and report failure u)
This notice does not
(D)
print to the
provide the Contractor, p
provide coverage.
satisfy other postingrequiremeres imposed
and of the coverage period, a new
by the Act or other commission roles. This
certificate of coverage showing
notice must be printed with a title in at least
extension of coverage, if the
30 point bold type and text in at least 19
coverage period shown on the
ends
point normal type and shall be in both
current certificate of coverage
English and Spanish and any other
during the duration ofthe project;
language common to the worker
The text for e notices shall be
E
(}
obtain from each other person with
population.
the following text provided by the Texas
whom it contracts, and provide to
Department of Insurance Division of
the Contractor:
Worker's Compensation on the sample
(i) a certificate of coverage,
notice, without any additional words or
prior to the other person
changes:
beginning work on the
project; and
REQUIRED WORKERS' COMPENSATION
the end of the
COVERAGE
(ii) prior to
coverage period, a new
"The lawrequiresthateachpersonworkingon thissits
certificate of coverage
showing extension of the
or providing services related to this construction
coverage period, if the
project must be covered by workers' compensation
insurance. This includes persons providing, hauling, or
coverage period shown on
delivering equipment or materials, or providing labor
the current certificate of
ends during the
or transportation or other services related to the
coverage
duration of the
project, regardless of the identity of their employer' or
project;
status as an employee.
(F)
retain a0 required certificates of
Call the Division of Workers' Compensation at 512-
coverage on file for the duration of
the project and for one year
804-4345 to receive information on the legal
thereafter;
requirement for coverage, to verify whether your
employer has provided the required coverage, or to
"
(G)
notify the governmental entity in
report an employer's failure to provide coverage.
writing by certified mail or personal
delivery, within 10 days after the
and
person knew or should have known,
(8) contractually require each person with
ofany change that materially affects
whom it contracts to provide services on a
the provision of coverage of any
project, to:
person providing services on the
p jest; and
(A) provide coverage based on proper
reporting ofelassifieation codes and
(H)
commonalty require each other
payroll amounts and filing of any
person with whom it contracts, to
coverage agreements for all of its
perform as required by sub -
employees providing services on the
paragraphs (A) - (H) of this
project, for the duration of the
paragraph, with the certificate of
project;
coverage to be provided to the
person for whom they are providing
services.
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
ARTICLE XIV
MISCELLANEOUS
14.1 LAWS AND ORDINANCES
141.1 The Contractor shall at all times and in
all respects observe and comply with all federal, state,
and local laws, ordinances, and regulations applicable
to the Project and Work, The Contractor shall further
insure that all Subcontractors observe and comply with
said laws, ordinances, and regulations.
14.2 GOVERNING LAR,
14.2.1 The Contract shall be governed by the
laws of the State of Texas. Venue for any causes of
action arising under the terms or provisions of this
Contract or the Work to be performed hereunder shall
be in the courts of Dallas County, Texas.
14.3 SUCCESSORs AND ASSIGNS
14.3.1 The Owner and Contractor bind
themselves, their successors, assigns and legal
representatives to the other party harem and to
Successors, assigns and legal representatives of such
other party in respect to covenants, agreements and
obligations contained in this Contract. The Contractor
shall not assign this Contract without written consent
of the Owner.
14.4 SURETY BONDS
MAI If the Contract Price exceeds the sum of
$25,000.00, the Contractor shall furnish separate
performance and payment bands to the Owner,
according to the requirements set out in the bid
documents and state Sams, to guaranty full and
faithful performance of the Contract and the full and
final payment of all persons supplying labor or
materials to the Project. Each hand required by the bid
documents or state statute shall set forth a penal sum
in an amount not less than the Contract Price. Each
bond furnished by the Court actor shall incorporate by
reference the terms of this Contract as fully as though
they were set forth verbatim in such bonds. In the
event the Contract Price is adjusted by Change Order
executed by the Contractor, the penal sum of both the
performance bond and the payment bond shall be
deemed increased by like amount. The performance
and payment bonds furnished by the Contractor shall
be in form suitable to the Owner and shah be executed
by a surety, or, sandier, reasonably suitable to the
Owner and authorized to do business in the State of
Texas by the State Board of Insurance.
14.4.2 If the Contract moo exceeds In, sum c,
$25,000.00, the Contractor, upon execution of the
Contract and prior to commencement of the Work,
shall furnish to the Owner a two-year maintenance
band in the amount of one hundred percent (100%) of
the Contract Price covering the guaranty and
maintenance prescribed herein, written by an approved
surety authorized and duly licensed to conduct
business in the State of Texas. The cost of said
maintenance bond shall be included in the
Contractor's unit bid prices and shall be paid by the
Contractor.
14.5 SEVERABILITY
14.5.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part bereof is determined to be
invalid, void or unermtecable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not be icluded herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to any
nonperformance or nonconforming work or to enforce
any provision hereof shall in no event be regarded as
or construed to be a waiver, release or modification of
any term or provision in this Contract, our shall such
failure to object or enforce estop the Owner from
insisting on strict compliance with this Contract or
from recovering damages, costs or expenses arising as
a result of such nonperformance or nonconforming
work.
14.7 NOTICES
14.7.1 All notices required by this Contract
shall be presumed received when deposited in the mail
properly addressed to the other party at the address set
forth herein or set forth in a written designation of
change of address delivered to all parties.
SIDEWALK, STREET & ALLEY PAVEMENT REPAIRS
EXECUTED in single or multiple originals, this 4 dap ofuuoAlef, 202y
CITY OF COPPELL CONTRACTOR
APPROVE .
City Manager (Slgaamr )
D—
ndI'll
berg 11P,111111
President
ATTEST (TypelP . Name end Title)
11127 Shad Trail Suite#104
(Street Address)
Dallas Texas -75229
City S (Cityl9tatelZip)
Page 58
-(n' COPPEGL SIOEWALI(,
STREET & ALLliY PAVEMENT REPAIRS
SmEWALK, STREET &ALLEY PAVEMENT REPAIRS
CORPORATE ACKNOW LEllGMENT
THESTATEOF Texas--------
COUNTY OP Dallas--
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared:
Project En IneertEstimator
V(ay Bheemireddy (Print FEW
(Print Name)
of NEW `NOEL) CONTRACTING,LLC , the going instrument
designated hereinabove, known to t t he s be the person an
the said Contracture i corporation, ribd o the
ha was duty
ari-d top Perform the same by appropriate resolution of the
board of di wry of such corporation and that he executed the same as the act and deed of such corooration for the
Purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY RAND AND SEAL OF OFFICE this the daY o B6tn
A.D.,
202t_
/�'.. otactnvablis1w@ Eor
�°pt�$o s xoi es
L. `prig%
My Commission expires: 2
3 Dat
CITY MANAGER'S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OP DALLAS it
BEFORE ME, the undersigned authority, a Notary Public to elling , and far
rsaid a muni
cipal corporation, 4mowtn
day personalty appeared the undersigned, City Manager ofthe City
camels fo Copp
to the same wa theract and
the officer
icerid C !he'
eof C ppetl subscribed
mut cipalmcoorporat on,rU t he/shewas, duty ganrho tied to
perform the same by appropriate
resolution and consirty Cuncil of thderation therein expressed, ed, and inCity of lthecapacity there nthat helshe eata"'L
same as the act of the said City for pure
A.D.,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____ day of
202_.
Notary Public in and for the State of Texas
My Commission expires:
Pxge 59
CiTr us Corimru SIDEWALK, STRB&T & ALL6Y PAVFMEA'T a" 'Am'