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SW09/10-CN100415T H E C I T Y O F CO " PPE 11 LL _ �,.., C) x A Sv 1 a INVITATION TO BID INSTRUCTIONS /TERMS OF CONTRACT SPECIFICATIONS BID SHEET(S) FOR Sidewalk Pavement Repairs PER THE CITY OF COPPELL SPECIFICATIONS AT THE CITY OF COPPELL TOWN CENTER PURCHASING DEPARTMENT OPENING DATE: THURSDAY, APRIL 15, 2010 AT 2:00 P.M. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 T H E C I T Y O F CO ` PPE 11 LL _ �,.., C) x A sv 1 a INVITATION TO BID Return Bid To: City of Coppell Purchasing Department PO Box 9478 Coppell, Texas 75019 The enclosed Invitation To Bid and accompanying Specifications with Bid Sheets are for your convenience in bidding the enclosed referenced products and /or services for the City of Coppell. Sealed bids shall be received no later than THURSDAY, APRIL 15, 2010 AT 2:00 P.M. A Pre -Bid Conference will be held at 10:00 a.m., THURSDAY, April 8, 2010, at the City of Coppell, 255 Parkway Blvd., Coppell, TX 750190 Please reference Bid No. Q- 0410 -02, "SIDEWALK PAVEMENT REPAIRS," in all correspondence pertaining to this bid and affix this number to outside front of bid envelope for identification All bids shall be to the attention of the Purchasing Department. The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids must be received at the designated location by the deadline shown. Bids received after the deadline will be returned unopened and shall be considered void and unacceptable. Bid opening is scheduled to be held in the Office of the Purchasing Agent, 255 Parkway Boulevard, Coppell, Texas. You are invited to attend. If Bidder desires not to bid at this time, but wishes to remain on the commodity bid list, please submit a "NO BID" response (same time /location). The City of Coppell is always very conscious and extremely appreciative of the time and effort expended to submit a bid. However, on "NO BID" responses please communicate any bid requirement(s) which may have influenced your decision to "NO BID. " If response is not received in the form of a "BID" or "NO BID" for three (3) consecutive Invitation To Bid, Bidder shall be removed from said bid list. However, if you choose to "NO BID" at this time but desire to remain on the bid list for other commodities, please state the specific product /service for which your firm wishes to be classified. Awards should be made approximately three weeks following the bid opening date. To obtain results, or if you have any questions, please contact the Purchasing Department at 972 - 304 -3644. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS T H E C I T Y O F COPPELL IV A sv 1 a INVITATION TO BID INSTRUCTIONS /TERMS OF CONTRACT Bin No. Q-0410-02 SIDEWALK PAVEMENT REPAIRS By order of the City Council of the City of Coppell, Texas, sealed bids will be received for: SIDEWALK PAVEMENT REPAIRS TO PROVIDE for an annual Contract commencing within thirty (30) days after the date of the award and continuing for twelve month period. The City of Coppell, City Council reserves the right to extend this contract for four (4) additional one -year periods as it deems to be in the best interest of the city. IT IS UNDERSTOOD that the City Council of the City of Coppell, Texas reserves the right to reject any and /or all bids for any /or all products and /or services covered in this bid request and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City of Coppell. BIDS MUST BE submitted on the pricing forms included for that purpose in this packet. Each bid shall be placed in a separate sealed envelope, with each page manually signed by a person having the authority to bind the firm in a Contract, and marked clearly on the outside as shown below. FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED! SUBMISSION OF BIDS: Sealed bids shall be submitted no later than THURSDAY, APRIL 15, 2010 AT 2:00 P.M.: , to the address as follows: City of Coppell Purchasing Department 255 Parkway Blvd. Coppell, Texas 75019 MARK ENVELOPE: "BID NO. Q- 0410 -02, SIDEWALK PAVEMENT REPAIRS" ALL BIDS MUST BE RECEIVED IN THE CITY'S PURCHASING DEPARTMENT BEFORE THE STATED OPENING DATE AND TIME. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell 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 (i.e. sign interpretative services, alternative audio /visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and /or meetings, the City requests that individuals make request for these services forty -eight (48) hours ahead of the scheduled program, service and /or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (214) 462 -0022, or (TDD 1- 800 - RELAY, TX 1- 800 - 735 -2989) . CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS FUNDING: Funds for payment have been provided through the City of Coppell 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 or amended after submission deadline. Any interlineation, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF BID: 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 their 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 of 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. CONTRACT: This bid, when properly accepted by the City of Coppell, shall constitute a Contract equally binding between the successful Bidder and the City. No different or additional terms will become 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 the 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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, Wage /Labor 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 any /all of the price redetermination as it deems to be in the best interest of the C ity. . DELIVERY: all delivery and freight charges (F.O.B. City of Coppell) are to be included in the bid price. DELIVERY TIME: Bids shall show number of days required to place goods ordered at the City's designated location. Failure to state delivery time may cause bid to be rejected. Successful Bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met. 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 all times of the status of the order. CONFLICT OF INTEREST: No public official shall have interest in this Contract, in accordance with Vernon'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 7tn business day after the date 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 Coppell. EXCEPTIONS /SUBSTITUTIONS: 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS the right to accept any and all, or none, of the exception(s)/ substitution(s) 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 are known to have received a copy of this Invitation To Bid. Bidders shall acknowledge receipt of all addenda. DESCRIPTIONS: Any reference to model and /or make /manufacturer 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 acknowledge receipt of all addenda. BID MUST COMPLY with all federal, state, county, and local laws concerning these types of service(s). DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of manufacturing and engineering 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 must affirmatively demonstrate Bidder's responsibility. A prospective Bidder must meet the 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; 4. have a satisfactory record of integrity and ethics; 5. be otherwise qualified and eligible to 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS BIDDER SHALL PROVIDE with this bid response, all documentation required by this Invitation To Bid. Failure to provide this information may result in rejection 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, or performance 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 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. WAGES: Successful Bidder shall pay or cause to be paid, without cost or expense 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 or 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. The City of Coppell 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. TERMINATION FOR DEFAULT: The City of Coppell reserves the right to 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 authorizes the City of Coppell to exercise any or all of the following rights: CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 successful Bidder therein and may foreclose its lien against such personal property, applying the proceeds toward fees due or thereafter 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 such default; and in the event said default is not remedied to the satisfaction and approval of the 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 Coppell 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 law) to be given to the successful Bidder by the City of Coppell shall conclusively deemed to have been given and received on the next day after such written notice 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 of Coppell may appoint a Contract Administrator with designated responsibility to ensure compliance with Contract requirements, such as but not limited to, acceptance, inspection and delivery. The Contract Administrator will serve as liaison between the City of Coppell Purchasing Department (which has the overall Contract Administration responsibilities) and the successful Bidder. PURCHASE ORDER: A Purchase Order(s) shall be generated by the City of Coppell to the successful Bidder. The Purchase Order number must appear on all itemized invoices and packing slips. The City of Coppell will not be held responsible for any orders placed /delivered without a valid current Purchase Order number. PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and shall show: (a) name and address of successful Bidder, (b) name and address of receiving CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 Coppell for any item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. Successful 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 successful Bidder at the next service date at no expense to the City of Coppell. If item is not picked up within one (1) week after notification, the item will become a donation to the City for disposition. SAMPLES: When requested, samples shall be furnished 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 successful Bidder and the City of Coppell agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code. VENUE: This Agreement will be governed and construed according to the laws of the State of Texas. This Agreement is performable in the City of Coppell, Texas. ASSIGNMENT: The successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without prior written consent of the City of Coppell. SPECIFICATIONS and model numbers are for description only. Bidder may bid on description only. Bidder may bid on alternate model but must clearly indicate alternate model being bid. Bidder must enclose full descriptive literature on alternate item(s). SILENCE 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS only the best commercial practices are to prevail. All interpretations of these Specifications shall be made on the basis of this statement. 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 prior to cancellation or upon any material change in coverage. ANY QUESTIONS concerning this Invitation To Bid and Specifications should be directed to the Purchasing Department at 972- 304 -3644. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS T H E C I T Y O F COPPELL x A sv 1 a BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS BIDDERS PLEASE NOTE: ONE COPY OF THE FOLLOWING BID SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE (SPECIFICATIONS AND BID AFFIDAVIT) TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMENT NO LATER AY, APRIL 15, 2010 AT 2:00 P.M. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS SPECIFICATIONS FOR SIDEWALK PAVEMENT REPAIRS 1. All repairs are to be saw cut full depth at locations determined in the field by the City of Coppell and are to be square or rectangular in shape. 2. Complete removal of all sidewalk sections within the repair area 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. Spoils from this activity and subgrade removal will be disposed of off -site at the contractor's expense. 3. Sidewalk shall include appropriate subgrade preparation. Subgrade shall be compacted to 95 % standard proctor density. No more than 1/2 " of fine, washed sand, free from organic materials or clay may be placed for leveling purposes. In lieu of sand, 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 sidewalk grade. 4. Vertical sides of repair area are to be doweled with #3 bars, epoxy embedded 6" into the sides at 12" centers. 5. Reinforcement steel shall be minimum #3 bar on 24" centers transversely 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. 6. Concrete 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 contractor, at the sole expense of the contractor, through a City approved laboratory. 7. Construction joints shall be per the City of Coppell Standard Specifications. 8. A bid item for decorative concrete to match the existing lead walk is included. The Quantity established for that item is by estimation only and could include patterned, stained, stamped, or colored concrete or an exposed aggregate finish to match an existing lead walk. The bid should be the price over and above the base bid for sidewalk repair Item 1. 9. A traffic control plan that is consistent with the TMUTCD is to be submitted for review to the Project Engineer/ Construction Inspector for all job sites that require an encroachment into the roadway. Implementation 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS contractor. No portion of a street will be allowed for closure without prior review by the Cit of Coppell. Traffic control devices shall be maintained at all times during construction. 10. The Bid Form includes Bid Items for Decorative Concrete, ADA accessible ramps, lead walk steps, adjustment of water meters, valve boxes, and clean -outs, and adjustment of manholes. 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 unless the Inspector has approved the work in advance. All work under the Items will be in accordance with the City of Coppell Construction Details. 11. A 24 -month maintenance bond at 50 % of total value, on a form provided by the City, will be provided by the successful Bidder. 12. Reference the City of Coppell Standard Construction Details and Subdivision Ordinance for further clarification: www. coppelltx. gov/ Departments/ Engineering/ 2006StandardConstructionDetails www. coppelltx. gov/ Departments/ Engineering /SubdivisionOrdinance 13. It is the contractor's responsibility to identify, locate and protect areas with existing irrigation systems. All damage to irrigation systems will be repaired within 72 hours of notification of damage at the contractor's sole expense, to as good or better condition, and to the satisfaction of the property owner. 14. It is the contractor's responsibility to obtain utility locates. Any damage to existing utilities will be the sole financial responsibility of the contractor. 15. Contractor will be responsible for backfilling with suitable material behind the sidewalk and sodding the disturbed area with like turf. 16. 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 beginning and end dates of project, road closure information (if applicable) and contact number(s). A draft copy of the notice will be submitted, reviewed and approved by the Project Engineer and City Inspector prior to its distribution to residents. 17. Once work in one area has commenced, it shall be completed and restored within 10 days. 18. Verbal response to citizen complaints must be made within 24 hours; issues must be rectified within 48 -72 hours if the complaint is found to be valid. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 19. All items necessary to complete the work are subsidiary to the price bid, including but not limited to: traffic control plan, repair of irrigation systems, sodding, resetting existing signs, etc. 20. Approximately 25 % of this contract shall be performed in each quadrant of the City. Within each quadrant, work shall progress from oldest repair to newer repairs based on the date associated with the location. 21. All the work contained in this contract lies within the city limits of the City of Coppell, Texas and shall be constructed according to the City of Coppell approved construction standards and specifications and the Standard Specifications for Public Works Construction, Third Addition and any amendments as adopted by the North Central Texas Council of Governments. 22. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE The City of Coppell is the contracting agency for this construction 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 5159a: "Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rate to be maintained. " Pursuant to the 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: Air Tool Operator .............. $ 10.06 Asphalt Distributor Operator... $ 13.99 Asphalt paving machine Operator $ 12.78 Asphalt Raker .................. $ 11.01 Asphalt Shoveler ............... $ 8.80 Batching Plant Weigher......... $ 14.15 Broom or Sweeper Operator...... $ 9.88 Bulldozer Operator ........... $ 13.22 Carpenter ...................... $ 12.80 Concrete Finisher, Paving...... $ 12.85 Concrete Finisher, Structures.. $ 13.27 Concrete Paving Curbing Machine Operator ............... $ 12.00 Concrete Paving Finishing Machine Operator ............... $ 13.63 Concrete Paving Joint Sealer Operator ....................... $ 12.50 Concrete Paving Saw Operator... $ 13.56 Concrete Paving Spreader Operator ....................... $ 14.50 Concrete Rubber ................ $ 10.61 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q -0410-02 SIDEWALK PAVEMENT REPAIRS Crane, Clamshell, Backhoe, Derrick, Dra Shovel Operator ....................... $ 14.12 Electrician .................... $ 18.12 Fla ........................ $ 8.43 Form Builder/Setter,Structures. $ 11.63 Form Setter, Pavin & Curb..... $ 11.83 Foundation Drill Operator, Crawler Mounted ................ $ 13.67 Foundation Drill Operator, Truck Mounted .................. $ 16.30 Front End Loader Operator...... $ 12.62 Laborer, common ................ $ 9.18 Laborer, Utilit ............... $ 10.65 Mechanic ....................... $ 16.97 Millin Machine Operator, Fine Grade ..................... $ 11.83 Mixer operator ................. $ 11.58 Motor Grader Operator, Fine Grade .......................... $ 15.20 Motor Grader Operator, Rou $ 14.50 Oiler .......................... $ 14.98 Painter, Structures............ $ 13.17 Pavement Markin Machine Operator ....................... $ 10.04 Pipela ...................... $ 11.04 Reinforcin Steel Setter, Pavin ......................... $ 14.86 Reinforcin Steel Setter, Structure ...................... $ 16.29 Roller Operator, Pneumatic, Self-Propelled ................. $ 11.07 Roller Operator, Steel Wheel, Flat Wheel/Tampin ............. $ 10.92 Roller Operator, Steel Wheel, Plant Mix Pavement ............. $ 11.28 Scraper Operator ............... $ 11.42 Servicer ....................... $ 12.32 Slip Form Machine Operator..... $ 12.33 Spreader Box operator.......... $ 10.92 Tractor operator, Crawler T $ 12.60 Tractor operator, Pneumatic.... $ 12.91 Travelin Mixer Operator....... $ 12.03 Truck driver, lowbo Float..... $ 14.93 Truck driver, Sin Axle, Heav .......................... $ 11.47 Truck driver, Sin Axle, Li .......................... $ 10.91 Truck Driver, Tandem Axle, Semi-Trailer ................... $ 11.75 Truck Driver, Transit - Mix...... $ 12.08 Wa Drill, Borin Machine, Post Hole Driller Operator..... $ 14.00 Welder ......................... $ 13.57 Work Zone Barricade Servicer ... $ 10.09 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS Not less than these 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 & 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 a rate not less than 60% of the journeyman's wage as shown. At no 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. BID SHEET SIDEWALK FAILURES QUADRANT A QUAD ID DATE ADDRESS S. F. MISC Lakeside Elementary Heartz between Brighton & sinking (failure in driveway) temp.ramp A -1 2006/09/05 Parkview 320 60 ins. A -2 2007/01/09 Hollowtree Ct 201 40 sinking A -3 2007/04/17 Woodcrest 124 48 sinking /cracked A -15 2009/03/30 Leslie 845 A -16 2009/04/08 Meadowglen Cir 128 50 sinking (temp. ramp installed) trip hazard at manhole pad on the west 40 side of Heartz trip hazard at manhole pad on the west 40 side of Heartz 60 sinking /broken in front & near mailboxes 20 sinking at curb (temp. ramp installed) 40 sinking 60 sinking 100 sinking sinking front & side next to rock wall at 80 alley 80 sinking 100 sinking (on both sides of driveway) sinking /broken (call OWNER at 972- 220 304 -8989 to mark sprinklers) 80 sinking CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Village Pkwy (in front of A -4 2008/07/07 Lakeside Elementary Heartz between Brighton & A -5 2008/09/24 Suzanne Way Heartz between Suzanne A -6 2008/09/24 Way & Park Valley A -7 2008/11/03 Basilwood 1044 -1048 A -8 2008/11/05 Beau 919 A -9 2008/12/30 Bella Vista 609 A -10 2009/03/02 Parkway /Lodge A -11 2009/03/04 Suzanne Way 246 A -12 2009/03/16 Marlee Cir 701 A -13 2009/03/23 Meadowood 329 A -14 2009/03/25 Creek Crossing 1052 A -15 2009/03/30 Leslie 845 A -16 2009/04/08 Meadowglen Cir 128 50 sinking (temp. ramp installed) trip hazard at manhole pad on the west 40 side of Heartz trip hazard at manhole pad on the west 40 side of Heartz 60 sinking /broken in front & near mailboxes 20 sinking at curb (temp. ramp installed) 40 sinking 60 sinking 100 sinking sinking front & side next to rock wall at 80 alley 80 sinking 100 sinking (on both sides of driveway) sinking /broken (call OWNER at 972- 220 304 -8989 to mark sprinklers) 80 sinking CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS A -17 2009/04/27 Dogwood Trl 332 188 A -18 2009/05/07 Deforest 665 - 669 268 A -19 2009/05/12 Glen Lakes 618 60 A -20 2009/05/26 Nottingham 673 160 A -21 2009/05/29 Willingham 293 120 A -22 2009/06/03 Walnut Grove 343 -347 208 A -23 2009/06/05 Woodcrest 144 100 A -24 2009/06/05 Bristol Ct 103 12 A -25 2009/06/17 Alex 419 31 A -26 2009/06/18 Leslie 833 280 A -27 2009/06/22 Crestwood 723 40 A -28 2009/06/22 Cribbs 647 232 A -29 2009/06/22 Parkview 432 176 A -30 2009/06/24 Lake Park 627 60 A -31 2009/07/08 Stringfellow 553 96 Heartz /Park Valley SE A -32 2009/07/10 Corner 96 A -33 2009/07/14 Sleepy Hollow 247 40 A -34 2009/08/02 Wood moor 724 25 A -35 2009/08/26 Lyndsie 270 20 A -36 2009/08/27 Andover 646 100 A -37 2009/08/31 Beverly 534 392 A -38 2009/09/29 Walnut Grove 222 102 A -39 2009/09/30 Forest Hill 604 64 A -40 2009/10/15 Lake Forest 541 24 A -41 2009/10/22 Deann 113 200 A -42 2009/10/23 Parkway 405 -409 160 A -43 2009/10/24 Beechwood 337 180 A -44 2009/12/02 Quiet Valley 307 136 A -45 2009/12/12 Prestwick Ct 623 20 A -46 2009/12/30 Forestwood 1019 120 A -47 2010/01/06 Greentree 318 140 A -48 2010/01/08 Pecan Hollow 408 80 A -49 2010/02/10 Chinaberry Way 210 96 A -50 2010/02/28 Morning Mist 316 140 A -51 2010/03/15 Meadow Run Cir 135 130 5,474 QUADRANTB sinking sinking /broken sinking /broken sinking (2 locations) sinking sinking sinking cracked sinking sinking /broken sinking /broken sinking /broken sinking (both sides of driveway) sinking sinking /broken sinking sinking at alley entrance (temp. ramp installed) sinking sinking sinking sinking at driveway, approach & sidewalk due to manhole, drainage manhole adjusted down for temp. repair sinking sinking sinking sinking /cracked sinking sinking (needs to be brought to grade) sinking sinking /broken sinking /broken sinking sinking at curb sinking sinking /cracked sinking QUAD ID DATE ADDRESS S. F. MISC B -1 2007/06/07 Pebble Creek 1425 48 sinking B -2 2008/04/11 Glenwood 224 340 sinking B -3 2008/06/02 Riverchase Dr 50 sinking across from Pebble Creek B-4 2008/06/09 Edgewood 158 200 sinking B -5 2008/08/11 Salem Ct 208 150 sinking at sewer manhole CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS B -6 2008/09/12 Shadowcrest/Moore Rd 200 sinking across from Austin Elementary B -7 2008/10/08 Meadowlark 747 40 sinking B -8 2008/11/21 Old York 406 80 sinking B -9 2009/01/16 Glendale 172 - 176 260 sinking B -10 2009/02/24 Timber Ridge /Rolling Brook 100 sinking at all 4 corners of intersection B -11 2009/03/05 Timber Ridge 319 240 sinking (temp. ramp installed) B -12 2009/03/17 Sugarberry 942 100 sinking /broken B -13 2009/03/30 Robin 740 40 sinking sinking sidewalk & drive approach at all 3 B -14 2009/03/31 Bethel School 316 -324 348 addresses B -15 2009/03/31 Hunters Ridge 437 204 sinking (sidewalk & drive approach) Hunters Ridge /Bethel B -16 2009/03/31 School 112 barrier free ramp on east side B -17 2009/04/01 Aspenway 208 - 220 844 sinking B -18 2009/04/01 Wood hurst 211 164 sinking B -19 2009/04/20 Oriole 723 120 sinking /broken B -20 2009/04/23 Highland Meadow 111 156 sinking B -21 2009/06/02 Mapleleaf 110 192 sinking B -22 2009/06/04 Pheasant 638 300 sinking /broken B -23 2009/06/05 Creekside 119 70 sinking B -24 2009/06/05 Winetree Ct 200 172 sinking B -25 2009/06/10 Simmons 149 144 sinking B -26 2009/06/12 Havencrest 544 180 sinking B -27 2009/06/15 Creekside 211 35 sinking at curb B -28 2009/06/19 Westbury 241 80 sinking B -29 2009/06/22 Edgewood 122 220 sinking B -30 2009/06/22 Edgewood 218 120 sinking B -31 2009/06/26 Condor 935 -939 112 sinking at curb B -32 2009/07/02 Raven 606 - 610 396 sinking /broken B -33 2009/07/02 Quail 644 152 sinking B -34 2009/07/06 London Way 146 184 sinking close to sewer manhole B -35 2009/07/06 Pheasant 634 188 sinking /broken B -36 2009/07/28 Breanna Way 1332 100 sinking B -37 2009/07/29 Simmons 153 120 sinking B -38 2009/08/07 Creekside 218 252 sinking /broken B -39 2009/08/07 Bethel School E 607 140 sinking B -40 2009/08/31 Bethel School E 725 140 sinking B -41 2009/09/15 Mesquitewood 147 400 sinking in front & on side B -42 2009/09/18 Havencrest 548 220 sinking sinking, needs to be brought back up to B -43 2009/09/23 Highland Meadow 200 160 grade B -44 2009/09/29 Stonecrest 1300 -1304 60 sinking B -45 2009/10/09 Pinyon 324 280 sinking B -46 2009/10/14 Timber Ridge 215 80 sinking /broken B -47 2009/10/28 Pepperwood 325 100 sinking /broken B -48 2009/10/28 Pepperwood 345 40 sinking B -49 2009/11/20 MacArthur 720 250 sinking at storm drain in front of car wash MacArthur (N.of B -50 2009/11/20 Riverchase) 300 sinking next to tree closer to Riverchase B -51 2009/11/30 Quail 611 240 sinking CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 DATE SIDEWALK PAVEMENT REPAIRS B -52 2009/12/08 Mockingbird 160 sinking between Swallow &Sparrow B -53 2009/12/09 Glade Point 1502 264 sinking (needs to be brought to grade) B -54 2009/12/30 Falcon 809 260 sinking (needs to be brought to grade) B -55 2010/01/29 Hunters Ridge Cir 405 160 sinking in front and at curb B -56 2010/02/16 Woodway 465 160 sinking sinking /separating /cracked near C -5 sinking between mailbox &drive &drive & B -57 2010/02/19 Greenridge 521 164 fire hyd. B -58 2010/03/04 Highland Meadow 119 240 sinking /broken Edinburgh 508 - 524 240 sinking C -8 sinking around church on Heartz & on B -59 2010/03/04 Heartz 420 1000 Bethel School B -60 2010/03/10 Creekside 258 80 sinking Halifax 427 160 of house 11,711 2009/06/12 QUADRANT C QUAD ID DATE ADDRESS S. F. MISC C -1 2007/08/20 Wrenwood 128 108 sinking (temp. ramp installed) C -2 2008/11/13 Brooks 424 38 sinking C -3 2009/01/21 Kingston Cir 147 80 sinking C -4 2009/03/27 Plantation 441 260 sinking /separating sinking /separating /cracked near C -5 2009/04/20 Plantation /Coppell Rd 208 mailboxes C -6 2009/05/26 Tealwood 271 96 sinking C -7 2009/05/28 Edinburgh 508 - 524 240 sinking C -8 2009/05/30 Halifax 268 sinking north of 132 Newport on Halifax sinking -from alley to one panel past front C -9 2009/05/30 Halifax 427 160 of house C -10 2009/06/12 Oakbend 606 48 sinking C -11 2009/06/12 Dillard 448 208 sinking /broken C -12 2009/08/21 Carrington 150 80 sinking sinking (also SE corner handicap ramp C -13 2009/08/25 Hearthwood 145 140 needs repair) sinking (2 locations - 2 panels next to C -14 2009/08/30 Whispering Hills 186 186 alley) C -15 2009/09/14 Forest Ridge 477 40 sinking C -16 2009/09/14 Forest Ridge 478 52 sinking (temp. ramp installed) sinking from address to Whispering Hills C -17 2009/09/25 Ashley 343 520 intersection C -18 2009/11/11 Hartford Cir 146 180 sinking (needs to be brought to grade) C -19 2009/12/05 Greenwich 507 200 sinking /broken C -20 2010/01/14 Hearthwood 112 100 sinking /cracked at curb & in front of res. C -21 2010/01/24 Mobley Way 538 32 sinking /broken sinking (corner lot) sinking on Brock side C -22 2010/03/09 Melinda 522 40 6' from intersection 3,284 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS QUADRANT D QUAD ID DATE ADDRESS S. F. MISC D -1 2007/01/31 Fallkirk/Denton Tap 84 sinking /broken D -2 2008/06/18 Applecross 850 20 sinking D -3 2008/06/18 Mullrany 839 40 broken -one panel D -4 2008/06/18 Applecross 842 20 cracked D -5 2008/06/18 Fallkirk/Denton Tap 20 sinking left corner entrance to Fallkirk broken west side between Turnberry & D -6 2008/06/18 Kilbridge Ln 40 Fallkirk D -7 2008/06/18 Kilbridge Ln /Kilbridge Ct 80 broken at NW & SW corners cracked at west end by greenbelt -one D -8 2008/06/18 Turnberry 20 panel D -9 2008/06/18 Turnberry/Kilbridge 52 broken SW corner of intersection D -10 2008/06/24 Fallkirk end of greenbelt 100 sinking D -11 2008/06/24 Kilbridge NE end greenbelt 160 sinking /cracked D -12 2009/05/28 Winding Hollow 139 60 sinking - 2 sections D -13 2009/06/03 Westminster Ct 611 -615 112 sinking D -14 2009/06/05 Avalon 421 124 sinking D -15 2009/06/17 Leisure Ln 304 120 sinking /broken D -16 2009/07/21 Westminster Ct 534 32 sinking D -17 2009/10/07 Martel 310 20 sinking /broken at alley entrance D -18 2010/01/27 Kilbridge Ln 132 8 sinking /cracked Denton sinking on Denton Tap b/T Fallkirk & D -19 2010/01/27 Tap /Fallkirk/Turnberry 100 Turnberry D -20 2010/01/27 Lairds 131 16 sinking /cracked D -21 2010/01/27 Kilbridge Ct 133 40 sinking /broken at ramp D -22 2010/01/27 Denton Tap /Fallkirk 25 cracked w /exposed rebar north of Fallkirk D -23 2010/01/27 Fallkirk Entrance 10 cracked at pavers Denton Tap S of Turnberry D -24 2010/01/28 ent. 92 sinking at curb inlet D -25 2010/01/28 Kilbridge 804 25 sinking D -26 2010/01/28 Turnberry entrance 10 sinking at pavers 1,430 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS Item 1 Description Approx. Bid Price Sidewalk Square Per SF Total Feet Quadrant 1 Remove and replace 5 Bid Price per SF Total Dec. Conc. Sidewalk failures as SF Ramps listed. Quadrant 2 Remove and replace 11 Sidewalk failures as SF listed. Quadrant 3 Remove and replace 3 Sidewalk failures as SF listed. Quadrant 4 Remove and replace 1 Sidewalk failures as SF listed. TOTALS Item 2 Dec. Concrete Description Approx. Square Feet Bid Price per SF Total Dec. Conc. Decorative Concrete 250 Ramps to tie into existing lead walks with comparable design (price over and above bid for base sidewalk repair item) Item 3 ADA Description EA Bid Price Per EA Total ADA Install ADA 10 Ramps Accessible Ramps per City of Coppell Standards. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS Item 4 Description EA Bid Price Steps I Per EA Total Steps Install Lead Walk Steps 5 per City of Coppell Standards. Item 5 Description EA Bid Price Meters I Per EA Total Adjust J Adjust water meters, 15 irri ation valve boxes & g clean-outs. Item 6 Description EA Bid Price Manholes I Per EA Total Adjust Adjust manholes. 5 * Note: All work shall be completed by September 30, 20100 Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included 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 part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project or adjust quantities as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS BID SUMMARY Total Bid for Item 1 (Remove &Replace Sidewalk Failures) $ Total Bid for Item 2 (Decorative Concrete) $ Total Bid for Item 3 (ADA Accessible Ramps) $ Total Bid for Item 4 (Lead Walk Steps) $ Total Bid for Item 5 (Adjust Meters, Valve Boxes &Clean -outs) $ Total Bid for Item 6 (Adjust Manholes) $ TOTAL BID (Items 1 -6) $ SUBMITTED ON: BY Date Company CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS T H E C I T Y O F COPPELL IV 1 a °' A s CITY OF COPPELL, TEXAS STANDARD FIXED PRICE AGREEMENT FOR THE CONSTRUCTION OF SIDEWALK PAVEMENT REPAIRS CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS City of Coppell, Texas This Agreement is made by and between the City of Coppell, Texas, a home -rule municipality (hereinafter referred to as the "Owner ") and , (hereinafter referred to as the "Contractor ") for construction of SIDEWALK PAVEMENT REPAIRS, (hereinafter referred to as the "Project "), the Owner and the Contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 THE CONTRACT 1.4 NO PRIVITY WITH OTHERS 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it. 1.2. THE CONTRACT DOCUMENTS 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 (if any): Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form part of this Contract. 1.3 ENTIRE AGREEMENT 1.3.1 This Contract, together with the Contractor'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 Proj ect. 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 part hereof. 1.5 INTENT AND INTERPRETATION 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred 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, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page I BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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. 1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings, the Product Data, and any Plans and Specifications, and shall give 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 Work. 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 Contractor's compliance with this Contract. The Owner has prepared documents for the Project, including the Drawings and Specifications 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 warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes any and all responsibility for inadequacies or ambiguities in the plans, drawings or specifications as well as for latent conditions of the site where 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, (or 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 Subcontractors. 1.6 OWNERSHIP OF 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 shall 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 II THE WORK 2.1 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 required 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 labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: Concrete Sidewalk Repairs / Construction in accordance with the stated specifications. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 Work 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 CONTRACT TIME 3.1 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 SEPTEMBER 30, 2010. The parties acknowledge that time is of the essence in the performance of the terms of this Contract. The term "calendar days" shall mean any and all days of the week or month, no days being excepted. "Hours worked before 8:00 P.M. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy -two hours notice is required. All overtime incurred by the City for inspection services shall be paid by the Contractor at the rate of $54 per hour. If not paid, such cost may be deducted from partial payments." It is contemplated 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. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the "Contract Time ". 3.1.2 The Contractor shall pay the Owner the sum of $240 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a 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 Substantial 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 Substantial 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. 3.1.3 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 sole remedy in the event of any delay or hindrance shall be to request time extensions by written change orders 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. 3.1.4 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, loss or harm. 3.2 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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. For fiscal year (FY) 09/10 the City has allotted up to $150,000.00 for this contract. In the event the Contractor is unable to complete the Entire List within this budgeted amount, the list will be truncated, and the maximum payment under this Contract will be $150,000.00. In the event the City desires a Renewal of the 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 of the renewed contract cannot increase nor 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 5.1.1 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 Values 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 its 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. 5.2 PAYMENT PROCEDURE 5.2.1 The Owner shall pay the Contract Price 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 On 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 such supporting data and content, as the Owner may require. Therein, the Contractor may request payment for ninety percent (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 Owner. 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 determine 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 (3 0) days following the receipt and approval of each Application for Payment. The amount of each partial payment shall be the amount certified for payment less such amounts, if any, otherwise owing by the CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 in Paragraph 5.3 herein below. 5.2.4 The Contractor warrants that title to all Work covered by an Application for Payment will 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 of liens, 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 Owner becomes informed that the Contractor has not paid a Subcontractor 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. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person 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. 5.3 WITHHELD PAYMENT 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 of 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 of the Contract Price, (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the Owner or a third party to whom the Owner is, or 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. 5.4 UNEXCUSED FAILURE TO PAY 5.4.1 If within fifteen (15) days after the date 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. Late payments shall not accrue interest or other late charges. 5.5 SUBSTANTIAL COMPLETION 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall submit to the Owner or Owner's Representative a list of items to be completed or corrected. When the Owner on the basis of an 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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. 5.6 COMPLETION AND FINAL PAYMENT 5.6.1 When all of 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, less 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 inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefore by the contract, the Contractor shall pay the Owner the sum set forth hereinabove as liquidated damages per 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 sums due and payable hereunder by the Contractor shall be payable, not as a 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 or 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 as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days of the 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 final payment. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 furnished 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 furnish surveys, legal limitations and utility locations (if known), and a legal description of the Project site. 6.1.2 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 required for construction, use or occupancy of permanent structures or 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. 6.2 RIGHT TO STOP WORK 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance 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, until the cause for 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 Price 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 bear 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 responsible 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. 7.3.1 The Contractor shall give adequate attention to the faithful prosecution of the Work and the timely completion of this Contract, with authority to determine the manner and means of performing 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 7.4 WARRANTY 7.4.1 The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first -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 Contractor's 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 perform 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 Contractor 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 Documents. 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. Upon final completion of the Work, the Contractor shall clean the site and the Project and remove all waste, rubbish, temporary structures, and other CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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. 7.11 ACCESS TO WORK AND INSPECTIONS 7.11.1 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 access when requested. When reasonably requested by the Owner or the Owner's Representative, the Contractor shall perform or cause to be performed such 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 shall 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 secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non - contributory as to any insurance maintained by the Owner for its own benefit, including self - insurance. 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 liable, 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 acts, 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 or job applicant on the basis of race, color, creed, national original, religion, age, sex, or disability where reasonable accommodations can be effected to enable CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS the person to perform the essential functions of the job. The Contractor shall further insure that the foregoing nondiscrimination requirement shall be made a part and requirement of each subcontract on this Proj ect. 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 Coppell 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 each 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 insure compliance with this provision. 7.15 JOB SITE SAFETY PRECAUTIONS 7.15.1 The Contractor shall at all times exercise reasonable precautions for the safety of its employees, laborers, subcontractors, mechanics, workmen and others on and near the jobsite and shall comply with all laws, ordinances, regulations, and standards of federal, state and local safety laws 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. Such 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 or 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 contractors 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS ARTICLE VIII CONTRACT ADMINISTRATION 8.1 OWNER'S REPRESENTATIVE 8.1.1 When used in this Contract the term "Owner's Representative" shall be used interchangeably and shall mean a designated Architect, Engineer, or Contract Administrator, or Inspector (who may not be an architect or engineer) 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 by the decisions and instructions of the Owner's Representative, notwithstanding the contractual relationship between the Owner and the Owner's Representative. All of the Owner's instructions to the Contractor shall 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 of the replacement shall be that of the former Owner's Representative. 8.2 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 from 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 thereunder 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 promptness 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. 8.2.5 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 take other 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 herein. 8.2.8 The Owner's Representative shall, upon written request from the Contractor, conduct inspections to determine the date 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 this 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. 8.3 CLAIMS BY THE 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 the 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 written objection to the Owner within ten (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 resolution 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 UNKNOWN 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 be made by Contractor in connection with concealed, latent or unknown conditions except as expressly provided herein. Should concealed, latent or unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure 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 first 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 additional costs associated therewith. 8.3.4 CLAIMS FOR ADDITIONAL COSTS - 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 of such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given 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 compensation. 8.3.4.1 In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, 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 Subcontractors. The Owner shall not be liable to the Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the Owner. 8.3.5 CLAIMS FOR ADDITIONAL 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, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipated, fire or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the 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 forth in detail the Contractor'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 of time shall be waived. The procedures and remedies provided by this provision shall be the sole remedy of CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 a change 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 carry 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 parties shall agree to a designated person to serve as mediator and each party shall be responsible for payment of one -half of the total mediation fees. The parties shall submit the dispute to 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 must 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. 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 privity with the Owner. 9.2 AWARD OF SUBCONTRACTS 9.2.1 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, stating any objections the Owner may have to such proposed Subcontractor. The Contractor shall 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 hereof 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 CHANGES PERMITTED 10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 occurs between the Owner and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 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, if any, 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 Price, 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 workers' compensation 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 included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to the Owner, 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 EFFECT OF EXECUTED 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 or 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 the Owner, be uncovered for CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner 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 charged to 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 rejected Work, including any additional testing and inspections and expenses made necessary thereby. 11.2.2 If within one (1) year after Substantial Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the Owner. This obligation shall survive final payment by the Owner and termination of this Contract. With respect to Work first performed and completed after Substantial Completion, this one year obligation to specifically correct defective and nonconforming Work shall be extended by the period of time which elapses between Substantial Completion and completion of the subject Work. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 OWNER 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 the 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. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for its acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from 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 an order of any court or other public authority, or as a result of an act of the Government, through no fault of the 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 from the Owner payment for the actual reasonable expenditures of the Contractor (as 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. 12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 TERMINATION BY THE OWNER 12.2.1 FOR CONVENIENCE 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS to the Contractor specifying when termination becomes 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 Contractor's right, title and interest under terminated orders or subcontracts to the Owner or its designee. 12.2.1.3 The Contractor 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 because 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. (c) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (c) Contract prices for labor, materials, equipment and other services accepted under this Contract; (d) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages), 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 12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, abandons the jobsite and fails to resume work within five (5) days of written notice thereof by the Owner, fails to grant or allow access to the j obsite 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, then the Owner may by written notice 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 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 pursuant 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 Subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE Type of Insurance Amount Worker's Compensation as set forth in the Worker's Compensation Act. Commercial General $1,000,000 Each Accident /Occurrence . Liability (Public) $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate. Owner's Protective $600,000 per occurrence Liability Insurance $1,000,000 aggregate Excess /Umbrella Liability $1,000,000 per occurrence w /drop down coverage 13.1 CONTRACTOR SHALL MAINTAIN INSURANCE 13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and /or any Additional Insured from claims which may arise out of or result from operations under this contract. The 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 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 occurrence. 13.3 ADDITIONAL INSURED The Owner shall be named as an additional insured on the Commercial General Liability (Public), Owner's Protective Liability, and Excess /Umbrella Liability Insurance Policies furnished by the Contractor. 13.4 WRITTEN NOTIFICATION Each insurance policy shall contain a provision requiring that thirty (3 0) 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 Coppell, 255 Parkway Blvd., Coppell, Texas, 75019. CONTRACTOR'S INSURANCE 13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: 13.5 PREMIUMS AND ASSESSMENTS Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS 13.6 CERTIFICATE OF INSURANCE Proof that the insurance is in force shall be furnished to the City on City of Coppell Standard Certificate of Insurance Forms. In the event any 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 Coppell, the contractor shall furnish the City proof of identical continued coverage no later than thirty (3 0) days prior to the expiration date shown on the Certificate of Insurance. 13.7 PRIMARY COVERAGE The coverage provided herein shall be primary and noncontributory with any other insurance maintained by the City of Coppell, Texas, for its benefit, including self - insurance. 13.8 WORKER'S COMPENSATION INSURANCE COVERAGE 13.8.1 The Contractor shall: (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 providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the Texas Department of Insurance Division of Worker's Compensation on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other services related to the project, regardless of the identity of their employer or status as an employee. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS Call the Division of Workers' Compensation at 512- 804 -4345 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the Contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by sub- paragraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. ARTICLE XIV MISCELLANEOUS 14.1 LAWS AND ORDINANCES 14.1.1 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 LAW 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 CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19 BID Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS representatives to the other party hereto 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 14.4.1 If the Contract Price exceeds the sum of $25 the Contractor shall furnish separate performance and payment bonds to the Owner, according to the requirements set out in the bid documents and state statutes 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 bond 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 Contractor 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 shall be executed by a surety, or sureties, 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 Price exceeds the sum of $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 bond 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 hereof is determined to be invalid, void or unenforceable, 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 included 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, nor 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. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS EXECUTED in single or multiple originals, this day of CITY OF COPPELL CONTRACTOR: APPROVED: , 2010. City Manager (Signature) (Type /Print Name and Title) ATTEST: (Street Address) City Secretary (City/State /Zip) CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 21 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS CORPORATE ACKNOWLEDGMENT THE STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: (Print Name) (Print Title) of _ _ _ _ _ _ _ the Contractor designated hereinabove, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he executed the same as the act and deed of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , A.D., 2010. Notary Public In and For County, My Commission expires: CITY MANAGER'S ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he /she was duly authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he /she executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , A.D., 2010. Notary Public in and for the State of Texas My Commission expires: CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 22 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS PERFORMANCE BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That whose address is hereinafter called Principal, and a corporation organized and existing under the laws of the State of and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL, TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Owner ", in the penal sum of dollars ( ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Owner, dated the day of 2010, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Annual Sidewalk Repair Project FY 09/10 Bid No. Q- 0410 -02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and /or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default of deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 23 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the Work performed thereunder, or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statues of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the day of , 2010. PRINCIPAL SURETY By: By: Title Title: ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ADDRESS: NOTE.- Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 24 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That whose address is hereinafter called Principal, and a corporation organized and existing under the laws of the State of and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL, TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Owner ", in the penal sum of dollars ($ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Owner, dated the day of 2010, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Annual Sidewalk Repair Project FY 09/10 Bid No. Q- 0410 -02 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and /or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made. notice of which modification to the Surety is hereby expressly waived; the obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statues of the State of Texas. CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 25 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the day of , 2010. PRINCIPAL SURETY By: By: Title ATTEST: Title: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: ADDRESS: NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 26 BID NO. Q- 0410 -02 SIDEWALK PAVEMENT REPAIRS MAINTENANCE BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and a corporation organized under the laws of , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the a Municipal Corporation, Texas, the sum of Dollars and Cents ($ ) , for the payment of which sum will and truly be made unto said , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Contractor has this day entered into a written contract with the said Owner to build and construct: Annual Sidewalk Repair Project FY 09/10 Bid No. Q- 0410 -02 which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and /or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 27 BID NO. Q- 0410 -02 successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said caused these presents to be executed by and the said be executed by its Attorney in fact and the said Attorney in fact has hereunto set his hand, the day of PRINCIPAL MD Title: WITNESS: has SURETY SIDEWALK PAVEMENT REPAIRS has caused these presents to 2010. MD Title: ATTEST: NOTE: Date of Maintenance Bond must not be prior to date of Contract. 0 CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019 Page 28 ®Ü©±¼¿»Ó¼²¿´¸¹·Ø ±©»¹¼Û ¼± rDweivreviR riC rDwodaeMdnalhgiH dRztraeH rthcaeP rDee rD rDnotgnirra §¬²«±Ý¿´´¿Ü §¬²«±Ý¬²¿®®¿Ì