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INVITATION TO BIT)
INSTRUCTIONS[FERMS OF CONTRACT
SPECIFICATIONS
BID SHEET(S)
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ACOUSTICAL WALL
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OPENING DATE: TUESDAY, AUGUST 9, 2005 10:00 a.m.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARK AY BOLILEVARU • COPPELL, TEXAS 75019
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TABLE OF CONTENTS
Title Pages
Invitation to Bid 1 -4
Instruction to Bidders 5 -11
Section 13001 Option #1 12 -13
Section 13000 Option #2 14 -19
Bid Form - 20
Bid Affidavit 21
Standard Fixed Price Agreement 23 -44
Performance Bond 45 -46 y
Payment Bond 47 -48 *p,E u AB C l�
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INDEX OF DRAWINGS
S -1 Screen Wall Foundation Plan and General Notes
S -2 Sections and Details
A-01 Elevations — Acoustic Barrier Wall Option #2
A -02 Details — Acoustic Barrier Wall Option #2
A -03 Wall Section Option 1
A -04 Option 1 General Notes
1
BID Q- 0705 -02 ACOUSTICAL WALL
T H E • G 1 T Y • 0 F
COPPELL
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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: TUESDAY AUGUST 9, 2005,10:00 A.M.
Please reference Bid No. 0705 - 02, "ACOUSTICAL WALL," 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 3
BID Q - 0705 - 02 ACOUSTICAL WALL
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 (972) 304 -3648, or (TDD 1- 800 - RELAY, TX 1 -800- 735- 2989).
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
T H E • C 1 T Y • 0 F
COPPELL
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INVITATION TO BID
INSTRUCTIONS/TERMS OF CONTRACT
BID NO. Q- 0705 -02
ACOUSTICAL WALL
By order of the City Council of the City of Coppell, Texas, sealed bids will be received for:
ACOUSTICAL WALL
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 electronically through www.rfpdepot.com, or 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 , Error! Reference source
not found., 10:00 a.m. to the address as follows:
City of Coppell
Purchasing Department
255 Parkway Blvd.
Coppell, Texas 75019
MARK ENVELOPE: "BID NO. Q- 0705 -02, ACOUSTICAL WALL"
ALL BIDS MUST BE RECEIVED IN THE CITY'S PURCHASING DEPARTMENT
BEFORE OPENING DATE AND TIME.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
BID Q - 0705 - 02 ACOUSTICAL WALL
INSTRUCTIONS TO BIDDERS
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 A WARD: 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 none 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 Page 6
BID Q - 0705 - 02 ACOUSTICAL WALL
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 City.
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.
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 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 allw hoa reknown 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.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7
BID Q - 0705 - 02 ACOUSTICAL WALL
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.
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.
CITY OF COPPELL • PURCHASLNG DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Pa$e 8
BID Q - 0705 - 02 ACOUSTICAL WALL
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:
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.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9
BID Q - 0705 - 02 ACOUSTICAL WALL
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 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) 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.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10
BID Q - 0705 - 02 ACOUSTICAL WALL
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 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 -3643.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11
BID Q - 0705 - 02 ACOUSTICAL WALL
T H E • C 1 T Y •O F
COPPELL
F X A S . 1 8
BID Q- 0705 -02
ACOUSTICAL WALL
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 THAN , TUESDAY, AUGUST 9, 2005 at 10:00 a.m. -
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12
BID Q- 0705 -02 ACOUSTICAL WALL
Instruction to Bidders
The City of Coppell is accepting bids for the William T. Cozby Public Library for
an acoustic screen wall. The following documents will consist of two different
options, with Option 1 having an alternate. Option 1 consists of a masonry wall,
and Add Alternate A consists of a masonry wall with acoustical panels. Option 2
will consist of an acoustical panel system.
Please note that on drawing S1 Screen Wall Plan is the equivilant of Option 1 in
the specifications. Alternate Screen Wall Plan, also on page S1 of the drawings, is
Option 2 in the specifications.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13
BID Q- 0705 -02 ACOUSTICAL WALL
SECTION 13001
ACOUSTICAL SYSTEM - Option #1
PART 1- GENERAL
1.1 SUMMARY
A. All work shall consist of sound absorptive, "backless panels to be fitted to an existing
wall or barrier structure. The panels and support mechanisms shall be in close
conformity with the dimensions and lines shown on the plans and established by the
Engineer.
II. PART 2 - PRODUCTS
2.1 SPECIFICATIONS BASED ON M -90 — OUTDOOR EMPIRE ACOUSTICAL
SYSTEMS
A. Panels shall be fabricated from sheet steel conforming to the structural quality and
galvanized in accordance with ASTM A -653, Class G -90. Each panel shall have a
cover of 24 inches with material thickness of 22 gauge.
B. The individual panel or cell is available in lengths up to 12 ft. nested within "Z" or
"J" channel clips horizontally attached to the existing wall or structure. The "Z"
channel shall be cold - formed steel galvanized in accordance with ASTM A -525,
Class G -90, with two 2 in. legs and 2 5/8 in. deep. The panels and "Z" channels may
be galvanized then pre- coated for aesthetic appeal.
C. The panel is made of perforated cold - formed steel. The panel contains 3/16 in.
diameter perforations in a 3/8 in. staggered pattern.
D. FASTENERS: Typical fasteners shall be galvanized, self - drilling, hexagon washer
head screw. Fasteners may be color - coated to match panels, or stainless steel as
required.
E. The retro - filled sound absorption panels shall be installed in accordance with
engineering erection plan details. The "Z" or "J" channels shall be plumb and true,
aligned for either continuous appearance or staggered and spaced per plans and
details.
F. The sound absorbing panels shall have a noise reduction coefficient (NRC) of 1.1
when tested by an independent laboratory in accordance with ASTM standard C -423.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14
BID Q - 0705 - 02 ACOUSTICAL WALL
G. ACOUSTICAL INSULATION: The panels shall have a mineral rock wool sound
absorbing baft behind the perforated face. The rock wool is to be a minimum of 1/2
in. from the surface of the perforated face and shall fill the panel cavity and be 2 in.
thick. It shall have a 6 lbs. per cu. Ft. density and conform to Federal Specifications
HH- 1 -558B and ASTM standard E -136. The mineral rock wool sound absorbing
material shall absorb less than 1% water, be non - corrosive, melt above 2,000 Deg. F.,
have flame spread of 15 or less and a smoke development of 0 when tested in
accordance with ASTM standard E -84, be rated incombustible by ASTM standard E-
136, be non - hygroscopic and have an NRC of 1.1.
III. PART 3 - INSTALLATION
3.1 INSTALL PER MANUFACTURERS RECOMMENDATION
END OF SECTION
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15
BID Q- 0705 -02 ACOUSTICAL WALL
SECTION 13000
ACOUSTIC BARRIER WALL- Option #2
IV. PART 1 - GENERAL
1.2 SUMMARY
B. Section includes: Five inch thick absorber/barrier acoustical panels and two inch thick
absorber acoustical panels, attachment system, and accessories.
C. Related Sections:
1. Section 05120 - Structural Steel
2. Section 09900 - Painting
1.3 QUALITY ASSURANCE
A. Regulatory Requirements:
1. Acoustical performance: Minimum NRC (Noise Reduction Coefficient) rating of
1.00 and minimum STC (Sound Transmission Class) of 37 after panel fabrication.
2. Structural requirements: design panels and attachment system for this installation
to withstand wind load of 90 pounds per square foot, both positive and negative.
3. Reference Standards:
a. ASTM E90 -99 and E413 -87 Standard Test Method for Laboratory
Measurement of Airborne Sound Transmission Loss of Building Partitions.
b. ASTM C423 -90A and ASTM E795 -00, Sound Absorption and Sound
Absorption Coefficients by the Reverberation Room Method.
B. Field Measurement:
Prior to shop drawing preparation and fabrication of the panels, take field
measurements of structure and substrates to receive panel system. Incorporate
measurements and show adjustments to panels to accommodate actual conditions.
1.4 SUBMITTALS
A. Product Data: Manufacturer's product specifications, standard details, certified
product test results, installation instructions and general recommendations, as
applicable to materials and finishes for each component and for total panel system.
B. Samples: Sample panels minimum 12 inches square, in the profile, style, color and
texture indicated. Include clips, battens, fasteners, closures, and other panel
accessories.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
BID Q - 0705 - 02 ACOUSTICAL WALL
C. Shop Drawings: Showing layouts of panels on parapet and panels supported by steel
structure, details of edge conditions, joints, corners, panel construction, panel profiles,
supports, anchorages, trim, closures, and special details. Distinguish between factory
and field assembly work. Incorporate information derived from field measurements
and inspection where it affects panel configuration.
D. Test Reports: Provide certified test results by a recognized testing laboratory or
agency in accordance with specified test methods for each system.
E. Finish: 6" square samples on steel substrate to match Architect's sample.
F. Provide letter from engineer registered in Texas (state) that panel and attachment
systems have been engineered to meet the specified load criteria.
1.5 DELIVERY, STORAGE AND HANDLING
A. Deliver panels and other components so they will not be damaged or deformed.
Package panels for protection against transportation damage.
B. Handling: Exercise care in unloading, storing, and erecting panels to prevent
bending, warping, twisting and surface damage.
C. Stack materials on platforms or pallets, covered with tarpaulins or other suitable
weathertight ventilated covering. Store metal panels so that they will not accumulate
water. Do not store panels in contact with other materials that might cause staining,
denting or other surface damage.
1.6 WARRANTY
Finish warranty: Furnish panel manufacturer's written warranty covering failure of the
factory - applied finish on metal panels within the warranty period. This warranty shall be
in addition to and not a limitation of other rights the Owner may have against the
Contractor under the Contract Documents.
• Warranty Period: 10 years
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17
BID Q- 0705 -02 ACOUSTICAL WALL
V. PART 2 - PRODUCTS
5.1 MATERIALS
A. Acoustic Barrier wall shall be constructed of type SL Barrier Panels manufactured by
NoiseBarriers, LLC., Schaumburg, IL.
Manufacturer:
Noise Barriers, LLC (NBL)
1207 Remington Road, Suite E
Schaumburg, IL 60173
Contact:
Wayne Schindler Phone: (972) 488 -1066
3360 Wiley Post Road Fax: (972) 488 -0554
Suite 150 Cell: (214) 669 -4437
Carrollton, TX 75006 www.aeccorp.com
wayne@aeccorp.com
5.2 SHEET METALS
A. Commercial Quality galvanized steel Sheet: Comply with ASTM A526 with G90
coating complying with ASTM A525. Provide minimum sizes shown and as required
to meet structural requirements.
1. Minimum thickness for perforated face sheet: 20 gauge
2. Minimum thickness for solid face sheet: 14 gauge (not required for 2 1/2"
absorber panels)
3. Minimum thickness for perimeter and interior reinforcing channels: 18" gauge
5.3 METAL FINISHES
A. Manufacturer's high performance coating for exterior applications to meet warranty
requirements.
B. Apply coatings before, during, or after forming and fabricating panels, as required by
coating process and as required for maximum coating performance capability. Fully
coat all edges of perforations in face sheet. Protect coating either by application of
strippable film or by packing plastic film or other suitable material between panels to
protect the finish. Provide air- drying spray finish in matching color for touch up.
Electrostatically applied polyester powder coating.
• Color: Architect will select from manufactures standard color chart.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18
BID Q - 0705 - 02 ACOUSTICAL WALL
5.4 ACOUSTICAL INSULATION
Mineral Fiber Blanket Insulation: Flexible, resilient, noncombustible blankets of mineral
or glass fiber, complying with ASTM C665.
23 MISCELLANEOUS MATERIALS
A. Fasteners: Self tapping screws, bolts, nuts, self locking rivets, self locking bolts, end
welded studs, and other suitable fasteners designed to withstand design loads.
• Use aluminum, corrosion resistant steel, or stainless steel fasteners for exterior
applications.
B. Accessories: Provide components required for a complete panel system, including
trim, copings, mullions, sills, saps, seam covers, sealants, gaskets, fillers and similar
items. Match materials and finishes of panels.
2.6 PANEL FABRICATION
A. Fabricate and finish panels and accessories at the factory to greatest extent possible,
by manufacturer's standard procedures and processes, as required to fulfill indicated
profiles and dimensional requirements and with structural requirements.
B. Fabricate face sheet of perforated steel sheet in manufacturer's standard pattern to
meet sound absorption requirements. Fabricate perimeter channels and interior
reinforcing channels and weld to face sheets. For 5" thick panels, provide solid face
sheet fabricated from steel sheet and welded to perimeter and interior reinforcing
channels. Finish panels before, during, and after fabrication as required to provide
maximum performance from coating system, and to fully coat exposed edges of
construction, including perforations.
2.7 PANEL SYSTEM ACOUSTICAL PERFORMANCE CHARACTERISTICS
A. Panel system shall be tested by a recognized an approved laboratory in accordance
with ASTM standards.
1. Submit certified laboratory test including absorption and transmission loss
values for special panel type and construction of not less than following:
SOUND TRANSMISSION LOSS, db
Octave Band
Center Frequencies (Hz) 125 250 500 1K 2K 4K STC
5" Thick Panel 18 26 35 45 49 52 37
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
BID Q- 0705 -02 ACOUSTICAL WALL
SOUND ABSORPTION COEFFICIENTS
Octave Band
Center Frequencies (Hz) 125 250 500 1K 2K 4K NRC
5" Thick Panel 0.92 1.15 1.22 1.13 1.08 1.04 1.0 (1.15)
2.8 PANEL SUPPORTS AND ANCHORAGE
A. Secondary Framing:
1. 5" Thick Panel Supports: Provide support and attachment system for attachment
of 5" thick panels between flanges of steel support structure. Panels may be
attached in web space between column flanges. Where required by site
constraints provide support required to offset parapet.
VI. PART 3 - EXECUTION
6.1 PANEL SUPPORTS AND ANCHORAGE
A. Install girts, purlins, and other secondary structural panel support members and
anchorage in accordance with AISC Manual of Steel Construction "Code of Standard
Practice ".
B. Install panel support members on concrete parapet wall using methods and materials
recommended by manufacturer of neoprene waterproofing to maintain integrity of
waterproofing.
6.2 PANEL INSTALLATION
A. Install panels according to manufacturer's instructions and recommendations, as
applicable to project conditions and supporting substrates. Anchor panels and other
components of the work securely in place, with provisions for thermal and structural
movement.
1. Field cutting of exterior panels is not permitted.
2. Install panels with exposed fasteners prefinished to match panel finishes.
B. Accessories: Install components required for a complete acoustical barrier panel
system, including trim, coping, supports and attachments, connections
between panels, seam covers, sealants, fillers, closures strips and similar items.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20
BID Q- 0705 -02 ACOUSTICAL WALL
6.3 CLEANING AND ADJUSTMENT
A. Damaged units: Replace panels and other components of the work that have been
damaged or have deteriorated beyond successful repair by means of finish touch up or
similar minor repair procedures.
B. Cleaning: Remove temporary protective coverings and strippable films (if any) as
soon as each panel is installed. Upon completion of panel installation, clean finished
surfaces as recommended by panel manufacturer, and maintain in a clean condition
during construction.
END OF SECTION
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
BID Q - 0705 - 02 ACOUSTICAL WALL
T H E • C I T Y • O F
COPPELL
T o
F 1 a q
Bid Form
Company:
Address:
Telephone Number:
Authorized Signature:
Option 1: Masonry Wall -
Bid Amount: $
Add Alternate A: Masonry Wall with Attached Acoustical Panels
Bid Amount: $
Option 2: Acoustical Panel System
Bid Amount: $
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
BID Q - 0705 - 02 ACOUSTICAL WALL
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully reviewed
and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or
all commodities upon which prices are extended at the price offered, and upon the conditions
contained in the Specifications of the Invitation To Bid. The period of acceptance of this bid will
be calendar days from the date of the bid opening. (Period of acceptance will be
ninety (90) calendar days unless otherwise indicated by Bidder.)
STATE OF COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared who after being by me duly sworn, did depose and
say:
"I, am a duly authorized
officer /agent for and have been duly
authorized to execute the foregoing on behalf of the said
I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder
or individual(s) engaged in the same line of business prior to the official opening of this bid.
Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or
indirectly concerned in any pool, agreement or combination thereof, to control the price of
services /commodities bid on, or to influence any individual(s) to bid or not to bid thereon."
Name and address of Bidder:
Telephone: ( ) by:
Title: Signature:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of 2005.
Notary Public in and for the State of
CITY OF COPPELL • PURCHASLNG DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Pa$e 23
T H E • C I T Y • O F
COPPELL
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X A s 1
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
ACOUSTICAL WALL
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
BID Q- 0705 -02 ACOUSTICAL WALL
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 _H -B CONSTRUCTION, INC._, (hereinafter referred to as the
"Contractor ") for construction of ACOUSTICAL WALL_OPTION NO.1 , (hereinafter referred to as the
"Project "), the Owner and the Contractor hereby agreeing as follows:
ARTICLE I 1.4 No Piuvn'Y WITH OTHERS
THE CONTRACT AND THE CONTRACT 1.4.1 Nothing contained in this Contract shall
DOCUMENTS create, or be interpreted to create, privity or any other
contractual agreement between the Owner and any
1.1 THE CONTRACT person or entity other than the Contractor.
1.1.1 The Contract between the Owner and 1.5 INTENT AND INTERPRETATION
the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be 1.5.1 The intent of this Contract is to require
effective on the date this Agreement is executed by complete, correct and timely execution of the Work.
the last party to execute it. Any Work that may be required, implied or inferred
by the Contract Documents, or any one or more of
1.2. THE CONTRACT DOCUMENTS them, as necessary to produce the intended result
shall be provided by the Contractor for the Contract
1.2.1 The Contract Documents consist of this Price.
Agreement, the Invitation to Bid, Requirements and
Instructions to Bidders, the Specifications, the 1.5.2 This Contract is intended to be an
Drawings, the Project Manual, all Change Orders and integral whole and shall be interpreted as internally
Field Orders issued hereafter, any other amendments consistent. What is required by any one Contract
hereto executed by the parties hereafter, together with Document shall be considered as required by the
the following (if any): Contract.
Documents not enumerated in this Paragraph 1.2.1 1.5.3 When a word, term or phrase is used in
are not Contract Documents and do not form part of this Contract, it shall be interpreted or construed,
this Contract. first, as defined herein; second, if not defined,
according to its generally accepted meaning in the
1.3 ENTIRE AGREEMENT construction industry; and third, if there is no
generally accepted meaning in the construction
1.3.1 This Contract, together with the industry, according to its common and customary
Contractor's performance and payment bonds for the usage.
Project, all General Conditions, Special Conditions,
Plans and Specifications, and Addenda attached 1.5.4 The words "include ", "includes ", or
thereto, constitute the entire and exclusive agreement "including ", as used in this Contract, shall be deemed
between the Owner and the Contractor with reference to be followed by the phrase, "without limitation ".
to the Project. Specifically, but without limitation,
this Contract supersedes any bid documents and all 1.5.5 The specification herein of any act,
prior written or oral communications, representations failure, refusal, omission, event, occurrence or
and negotiations, if any, between the Owner and condition as constituting a material breach of this
Contractor not expressly made a part hereof. 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 2
BID Q- 0705 -02 ACOUSTICAL WALL
1.5.6 Words or terms used as nouns in this establishing the extent or scope of the Work to be
Contract shall be inclusive of their singular and plural performed by Subcontractors.
forms, unless the context of their usage clearly
requires a contrary meaning. 1.6 OWNERSHIP OF
1.5.7 The Contractor shall have a continuing CONTRACT DOCUMENTS
duty to read, carefully study and compare each of the
Contract Documents, the Shop Drawings, the Product 1.6.1 The Contract Documents, and each of
Data, and any Plans and Specifications, and shall them, shall remain the property of the Owner. The
give written notice to the Owner of any Contractor shall have the right to keep one record set
inconsistency, ambiguity, error or omission which the of the Contract Documents upon completion of the
Contractor may discover with respect to these Project; provided, however, that in no event shall
documents before proceeding with the affected Work. Contractor use, or permit to be used, any or all of
The issuance, or the express or implied approval by such Contract Documents on other projects without
the Owner or the Architect of the Contract the Owner's prior written authorization.
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 ARTICLE II
Contract. The Owner has requested the Architect to
only prepare documents for the Project, including the THE WORK
Drawings and Specifications for the Project, which
are accurate, adequate, consistent, coordinated and 2.1 The Contractor shall perform all of the
sufficient for construction. HOWEVER, THE Work required, implied or reasonably inferable from,
OWNER MAKES NO REPRESENTATION OR this Contract.
WARRANTY OF ANY NATURE WHATSOEVER
TO THE CONTRACTOR " CONCERNING SUCH 2.2 WORK
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has 2.2.1 The term "Work" shall mean whatever
received, reviewed and carefully examined such is done by or required of the Contractor to perform
documents, has found them to be complete, accurate, and complete its duties under this Contract, including
adequate, consistent, coordinated and sufficient for the following: construction of the whole or a
construction, and that the Contractor has not, does designated part of the Project; furnishing of any
not, and will not rely upon any representation or required surety bonds and insurance, and the
warranties by the Owner concerning such documents provision or furnishing of labor, supervision,
as no such representation or warranties have been or services, materials, supplies, equipment, fixtures,
are hereby made. Further, the Contractor represents appliances, facilities, tools, transportation, storage,
and warrants that it has had a sufficient opportunity power, permits and licenses required of the
to inspect the Project site and assumes any and all Contractor, fuel, heat, light, cooling and all other
responsibility for inadequacies or ambiguities in the utilities as required by this Contract. The Work to be
plans, drawings or specifications as well as for latent performed by the Contractor is generally described as
conditions of the site where the work is to be follows:
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 2.2.2 The Contractor shall be responsible for
organization or arrangement of the Design, shall paying for and procuring all materials and labor and
control the Contractor in dividing the Work or in
furnishing all services necessary or appropriate for
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
BID Q- 0705 -02 ACOUSTICAL WALL
the full performance of the Work and the for the full any amounts otherwise due the Contractor an amount
completion of the Project. All materials shall be new then believed by the Owner to be adequate to recover
and materials and workmanship shall be of good liquidated damages applicable to such delays. if and
quality. Upon request, the Contractor shall furnish when the Contractor overcomes the delay in
satisfactory proof of the type, kind, and quality of achieving Substantial Completion, or any part
materials. 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.
ARTICLE III
3.1.3 In the event that the Contractor achieves
CONTRACT TIME certification of substantial completion prior to the
scheduled completion date, the Owner shall pay to
3.1 TIME AND LIQUIDATED DAMAGES the Contractor the sum of $_200.00 per day
for each calendar day that substantial completion is
3.1.1 The Contractor shall commence the certified in advance of the scheduled completion
Work within 10 days of receipt of a written Notice to date.
Proceed, and shall achieve Substantial Completion of
the Work no later than 60 calendar days 3.1.4 No claim shall be made by the
from the date specified in the Notice to Proceed. The Contractor to the Owner, and no damages, costs or
parties acknowledge that time is of the essence in the extra compensation shall be allowed or paid by the
performance of the terms of this Contract. The term Owner to the Contractor for any delay or hindrance
"calendar days" shall mean any and all days of the from any cause in the progress or completion of the
week or month, no days being excepted. It is Work or this Contract. The Contractor's sole remedy
contemplated by the parties that the progress of the in the event of any delay or hindrance shall be to
Work may be delayed by certain conditions beyond request time extensions by written change orders as
the control of the parties; these delays have been provided for hereinafter. Should the Contractor be
contemplated by the parties and considered in the delayed by an act of the Owner, or should the Owner
time allotted for performance specified herein and order a stoppage of the Work for sufficient cause, an
includes, but is not limited to delays occasioned on extension of time shall be granted by the Owner by
account of adverse weather, temporary unavailability - written authorization upon written application, which
of materials, shipment delays, and the presence and extension shall not be unreasonably denied, to
potential interference of other contractors who may compensate for the delay.
be performing work at the Project site unrelated to
this agreement. 3.1.5 The Owner shall have the authority to
suspend the Work wholly or in part for such period or
The number of calendar days from the date on which periods of time as it may deem appropriate due to
the Work is permitted to proceed, through the date set unsuitable conditions considered unfavorable for the
forth for Substantial Completion, shall constitute the proper prosecution of the Work or for the failure of
"Contract Time ". the Contractor to carry out instructions from the
Owner or Owner's representative. During any period
3.1.2 The Contractor shall pay the Owner the in which the Work is stopped or during which any of
sum of $_200.00_ per day for each and every the Work is not actively in progress for any reason,
calendar day of unexcused delay in achieving Contractor shall properly protect the site and the
Substantial Completion beyond the date set forth Work from damage, loss or harm.
herein for Substantial Completion of the Work. Any
sums due and payable hereunder by the Contractor 3.2 SUBSTANTIAL COMPLETION
shall be payable, not as a penalty, but as liquidated
damages representing an estimate of delay damages 3.2.1 "Substantial Completion" shall mean
likely to be sustained by the Owner, estimated at or that stage in the progression of the Work when the
before the time of executing this Contract. When the Work is sufficiently complete in accordance with this
Owner reasonably believes that Substantial Contract that the Owner can enjoy beneficial use or
Completion will be inexcusably delayed, the Owner occupancy of the Work and can utilize the Work for
shall be entitled, but not required, to withhold from its intended purpose, even though minor
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
. BID Q- 0705 -02 ACOUSTICAL WALL
miscellaneous work and/or adjustment may be 5.2 PAYMENT PROCEDURE
required.
5.2.1 The Owner shall pay the Contract Price
3.3 TIME IS OF THE ESSENCE to the Contractor as provided below.
3.3.1 All limitations of time set forth in the 5.2.2 PROGRESS PAYMENTS - Based upon the
Contract Documents are of the essence of this Contractor's Applications for Payment submitted to
Contract. the Architect and upon Certificates for Payment
subsequently issued to the Owner by the Architect,
the Owner shall make progress payments to the
Contractor on account of the Contract Price.
ARTICLE IV
5.2.3 On or before the 25th day of each
CONTRACT PRICE month after commencement of the Work, the
Contractor shall submit an Application for Payment
4.1 THE CONTRACT PRICE for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
4.1.1 The Owner shall pay, and the supporting data and content, as the Owner or the
Contractor shall accept, as full and complete payment Architect may require. Therein, the Contractor may
for all of the Work required herein, the fixed sum of request payment for ninety percent (90 %) of that
$_44,070.00_. portion of the Contract Price properly allocable to
Contract requirements properly provided, labor,
The sum set forth in this Paragraph 4.1 shall materials and equipment properly incorporated in the
constitute the Contract Price which shall not be Work, less the total amount of previous payments
modified except by written Change Order as provided received from the Owner. Such Application for
in this Contract. 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
ARTICLE V Values, that the Work has been properly installed or
performed in full compliance with this Contract, and
PAYMENT OF THE CONTRACT PRICE that the Contractor knows of no reason why payment
should not be made as requested. Thereafter, the
5.1 SCHEDULE OF VALUES Architect will review the Application for Payment
and may also review the Work at the Project site or
5.1.1 Within ten (10) calendar days of the elsewhere to determine whether the quantity and
effective date hereof, the Contractor shall submit to quality of the Work is as represented in the
the Owner and to the Architect a Schedule of Values Application for Payment and is as required by this
allocating the Contract Price to the various portions Contract. The Architect shall determine and certify
of the Work. The Contractor's Schedule of Values to the Owner the amount properly owing to the
shall be prepared in such form, with such detail, and Contractor. The Owner shall make partial payments
supported by such data as the Architect or the Owner on account of the Contract Price to the Contractor
may require to substantiate its accuracy. The within thirty (30) days following the Architect's
Contractor shall not imbalance its Schedule of Values receipt and approval of each Application for
nor artificially inflate any element thereof. The Payment. The amount of each partial payment shall
violation of this provision by the Contractor shall be the amount certified for payment by the Architect
constitute a material breach of this Contract. The less such amounts, if any, otherwise owing by the
Schedule of Values shall be used only as a basis for Contractor to the Owner or which the Owner shall
the Contractor's Applications for Payment and shall have the right to withhold as authorized by this
only constitute such basis after it has been Contract. The Architect's certification of the
acknowledged and accepted in writing by the Contractor's Application for Payment shall not
Architect and the Owner. preclude the Owner from the exercise of any of its
rights as set forth in Paragraph 5.3 hereinbelow.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
BID Q - 0705 - 02 ACOUSTICAL WALL
5.2.4 The Contractor warrants that title to all the Contract for the unpaid balance of
Work covered by an Application for Payment will the Contract Price,
pass to the Owner no later than the time of payment.
The Contractor further warrants that upon submittal (e) evidence that the Work will not be '
of an Application for Payment, all Work for which completed in the time required for
payments have been received from the Owner shall substantial or final completion;
be free and clear of liens, claims, security interest or
other encumbrances in favor of the Contractor or any (f) - persistent failure to carry out the Work
other person or entity whatsoever. in accordance with the Contract;
5.2.5 The Contractor shall promptly pay each (g) damage to the Owner or a third party to
Subcontractor out of the amount paid to the whom the Owner is, or may be, liable.
Contractor on account of such Subcontractor's Work,
the amount to which such Subcontractor is entitled. In the event that the Owner makes
In the event the Owner becomes informed that the written demand upon the Contractor for amounts
Contractor has not paid a Subcontractor as herein previously paid by the Owner as contemplated in this
provided, the Owner shall have the right, but not the Subparagraph 5.3.1, the Contractor shall promptly
duty, to issue future checks in payment to the comply with such demand. The Owner shall have no
Contractor of amounts otherwise due hereunder duty to third parties to withhold payment to the
naming the Contractor and such Subcontractor as Contractor and shall incur no liability for a failure to
joint payees. Such joint check procedure, if withhold funds.
employed by the Owner, shall create no rights in
favor of any person or entity beyond the right of the 5.4 UNExCUSED FAILURE TO PAY
named payees to payment of the check and shall not
be deemed to commit the Owner to repeat the 5.4.1 If within fifteen (15) days after the date
procedure in the future. established herein for payment to the Contractor by
the Owner, the Owner, without cause or basis
5.2.6 No progress payment, nor any use or hereunder, fails to pay the Contractor any amount
occupancy of the Project by the owner, shall be then due and payable to the Contractor, then the
interpreted to constitute an acceptance of any Work Contractor may after ten (10) additional days' written
not in strict accordance with this Contract. notice to the Owner and the Architect, and without
prejudice to any other available rights or remedies it
5.3 WITHHELD PAYMENT may have, stop the Work until payment of those
amounts due from the Owner have been received.
5.3.1 The Owner may decline to make Late payments shall not accrue interest or other late
payment, may withhold funds, and, if necessary, may charges.
demand the return of some or all of the amounts
previously paid to the Contractor, to protect the 5.5 SUBSTANTIAL COMPLETION
Owner from loss because of:
5.5.1 When the Contractor believes that the
(a) defective Work not remedied by the Work is substantially complete, the Contractor shall
Contractor nor, in the opinion of the submit to the Architect a list of items to be completed
Owner, likely to be remedied by the or corrected. When the Architect on the basis of an
Contractor; inspection determines that the Work is in fact
substantially complete, it will prepare a Certificate of
(b) claims of third parties against the Substantial Completion which shall establish the date
Owner or the Owner's property; of Substantial Completion, shall state the
responsibilities of the Owner and the Contractor for
(c) failure by the Contractor to pay Project security, maintenance, heat, utilities, damage
Subcontractors or others in a prompt to the Work, and insurance, and shall fix the time
and proper fashion; within which the Contractor shall complete the items
listed therein. Guarantees required by the Contract
(d) evidence that the balance of the Work shall commence on the date of Substantial
cannot be completed in accordance with Completion of the Work. The Certificate of
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BID Q - 0705 - 02 ACOUSTICAL WALL
Substantial Completion shall be submitted to the believed by the Owner to be adequate to recover
Owner and the Contractor for their written liquidated damages applicable to such delays. If and
acceptance of the responsibilities assigned to them in when the Contractor overcomes the delay in
such certificate. achieving final completion, or any part thereof, for
which the Owner has withheld payment, the Owner
Upon Substantial Completion of the Work, and shall promptly release to the Contractor those funds
execution by both the Owner and the Contractor of withheld, but no longer applicable, as liquidated
. the Certificate of Substantial Completion, the Owner damages.
shall pay the Contractor an amount sufficient to
increase total payments to the Contractor to one 5.6.2 The Contractor shall not be entitled to
hundred percent (100 %) of the Contract Price less final payment unless and until it submits to the
three hundred percent (300 %) of the reasonable cost Architect its affidavit that all payrolls, invoices for
as determined by the Owner and the Architect for materials and equipment, and other liabilities
completing all incomplete Work, correcting and connected with the Work for which the Owner, or the
bringing into conformance all defective and Owner's property might be responsible, have been
nonconforming Work, and handling all unsettled fully paid or otherwise satisfied; releases and waivers
claims. of lien from all Subcontractors of the Contractor and
of any and all other parties required by the Architect
5.6 COMPLETION AND FINAL PAYMENT or the Owner; consent of Surety, if any, to final
payment. If any third party fails or refuses to provide
5.6.1 When all of the Work is finally a release of claim or waiver of lien as required by the
complete and the Contractor is ready for a final Owner, the Contractor shall furnish a bond
inspection, it shall notify the Owner and the Architect satisfactory to the Owner to discharge any such lien
thereof in writing. Thereupon, the Architect will or indemnify the Owner from liability.
make final inspection of the Work and, if the Work is
complete in full accordance with this Contract and 5.6.3 The Owner shall make final payment of
this Contract has been fully performed, the Architect all sums due the Contractor within ten (10) days of
will promptly issue a final Certificate for Payment the Architect's execution of a final Certificate for
certifying to the Owner that the Project is complete Payment.
and the Contractor is entitled to the remainder of the
unpaid Contract Price, less any amount withheld 5.6.4 Acceptance of final payment shall
pursuant to this Contract. If the Architect is unable to constitute a waiver of all claims against the Owner by
issue its final Certificate for Payment and is required the Contractor except for those claims previously
to repeat its final inspection of the Work, the made in writing against the Owner by the Contractor,
Contractor shall bear the cost of such repeat final pending at the time of final payment, and identified
inspection(s) which cost may be deducted by the in writing by the Contractor as unsettled at the time
Owner from the Contractor's final payment. of its request for final payment.
5.6.1.1 If the Contractor fails to achieve final 5.6.5 Under no circumstance shall Contractor
completion within the time fixed therefor by the be entitled to receive interest on any payments or
Architect in its Certificate of Substantial Completion, monies due Contractor by the Owner, whether the
the Contractor shall pay the Owner the sum set forth amount on which the interest may accrue is timely,
hereinabove as liquidated damages per day for each late, wrongfully withheld, or an assessment of
and every calendar day of unexcused delay in damages of any kind.
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
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BID Q - 0705 - 02 ACOUSTICAL WALL
ARTICLE VI cause of such stoppage will be eliminated or
corrected, then the Owner may, without prejudice to
THE OWNER any other rights or remedies the Owner may have
against the Contractor, proceed to carry out the
6.1 INFORMATION, SERVICES AND THINGS subject Work. In such a situation, an appropriate
Change Order shall be issued deducting from the
REQUIRED FROM OWNER Contract Price the cost of correcting the subject
deficiencies, plus compensation for the Architect's
6.1.1 The Owner shall furnish to the additional services and expenses necessitated
Contractor, at the time of executing this Contract, any thereby, if any. If the unpaid portion of the Contract
and all written and tangible material in its possession Price is insufficient to cover the amount due the
concerning conditions below ground at the site of the Owner, the Contractor shall pay the difference to the
Project. Owner.
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 ARTICLE VII
furnishing such material, the Owner does not
represent, warrant, or guarantee its accuracy either in THE CONTRACTOR
whole, in part, implicitly or explicitly, or at all, and
shall have no liability therefor. The Owner shall also 7.1 The Contractor is again reminded of its
furnish surveys, legal limitations and utility locations continuing duty set forth in Subparagraph 1.5.7. The
(if known), and a legal description of the Project site. Contractor shall perform no part of the Work at any
time without adequate Contract Documents or, as
6.1.2 Excluding permits and fees normally appropriate, approved Shop Drawings, Product Data
the responsibility of the Contractor, the Owner shall or Samples for such portion of the Work. If the
obtain all approvals, easements, and the like required Contractor performs any of the Work knowing it
for construction and shall pay for necessary involves a recognized error, inconsistency or
assessments and charges required for construction, omission in the Contract Documents without such
use or occupancy of permanent structures or for notice to the Architect, the Contractor shall bear
permanent changes in existing facilities. responsibility for such performance and shall bear the •
cost of correction.
6.1.3 The Owner shall furnish the Contractor,
free of charge, one copy of the Contract Documents 7.2 The Contractor shall perform the Work
for execution of the Work. strictly in accordance with this Contract.
6.2 RIGHT TO STOP WORK 7.3 The Contractor shall supervise and
direct the Work using the Contractor's best skill,
6.2.1 If the Contractor persistently fails or effort and attention. The Contractor shall be
refuses to perform the Work in accordance with this responsible to the Owner for any and all acts or
Contract, or if the best interests of the public health, omissions of the Contractor, its employees and others
safety or welfare so require, the Owner may order the . engaged in the Work on behalf of the Contractor.
Contractor to stop the Work, or any described portion
thereof, until the cause for stoppage has been 7.3.1 The Contractor shall give adequate
corrected, no longer exists, or the Owner orders that attention to the faithful prosecution of the Work and
Work be resumed. In such event, the Contractor shall the timely completion of this Contract, with authority
immediately obey such order. to determine the manner and means of performing
such Work, so long as such methods insure timely
6.3 OWNER'S RIGHT TO PERFORM WORK completion and proper performance.
6.3.1 If the Contractor's Work is stopped by 7.3.2 The Contractor shall exercise all
the Owner under Paragraph 6.2, and the Contractor appropriate means and measures to insure a safe and
fails within seven (7) days of such stoppage to secure jobsite in order to avoid and prevent injury,
provide adequate assurance to the Owner that the damage or loss to persons or property.
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7.4 WARRANTY bound by the provisions of this Subparagraph 7.6.2 as
though such individuals had been listed above.
7.4.1 The Contractor warrants to the Owner
that all labor furnished to progress the Work under 7.7 The Contractor, within fifteen (15) days of
this Contract will be competent to perform the tasks commencing the Work, shall submit to the Owner
undertaken, that the product of such labor will yield and the Architect for their information, the
only first -class results, that materials and equipment Contractor's schedule for completing the Work. The
furnished will be of good quality and new unless Contractor's schedule shall be revised no less
otherwise permitted by this Contract, and that the frequently than monthly (unless the parties otherwise
Work will be of good quality, free from faults and agree in writing) and shall be revised to reflect
defects and in strict conformance with this Contract. conditions encountered from time to time and shall
All Work not conforming to these requirements may be related to the entire Project. Each such revision
be considered defective. shall be furnished to the Owner and the Architect.
Failure by the Contractor to strictly comply with the
7.5 The Contractor shall obtain and pay for provisions of this Paragraph 7.7 shall constitute a
all permits, fees and licenses necessary and ordinary material breach of this Contract.
for the Work. The Contractor shall comply with all
lawful requirements applicable to the Work and shall 7.8 The Contractor shall continuously
give and maintain any and all notices required by maintain at the site, for the benefit of the owner and
applicable law pertaining to the Work. the Architect, one record copy of this Contract
marked to record on a current basis changes,
7.6 SUPERVISION selections and modifications made during
construction. Additionally, the Contractor shall
7.6.1 The Contractor shall employ and maintain at the site for the Owner and Architect the
maintain at the Project site only competent approved Shop Drawings, Product Data, Samples and
supervisory personnel. Absent written instruction other similar required submittals. Upon final
from the Contractor to the contrary, the completion of the Work, all of these record
superintendent shall be deemed the Contractor's documents shall be delivered to the Owner.
authorized representative at the site and shall be
authorized to receive and accept any and all 7.9 SHOP DRAWINGS, PRODUCT
communications from the Owner or the Architect.
DATA AND SAMPLES
7.6.2 Key supervisory personnel assigned by the
Contractor to this Project are as follows: 7.9.1 Shop Drawings, Product Data, Samples
and other submittals from the Contractor do not
NAME FUNCTION 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 Architect. Approval by the Architect, however,
shall not be evidence that Work installed pursuant
So long as the individuals named above remain thereto conforms with the requirements of this
actively employed or retained by the Contractor, they Contract.
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
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BID Q- 0705 -02 ACOUSTICAL WALL
7.10 CLEANING THE SITE NEGLIGENCE OF OWNER, WITHOUT,
HOWEVER, WAIVING ANY GOVERN - MENTAL
AND THE PROJECT IMMUNITY AVAILABLE TO THE OWNER
UNDER TEXAS LAW AND WITHOUT WAIVING
7.10.1 The Contractor shall keep the site ANY DEFENSES OF THE PARTIES UNDER
reasonably clean during performance of the Work. TEXAS LAW. THE PROVISIONS OF THIS
Upon final completion of the Work, the Contractor INDEMNI- FICATION ARE SOLELY FOR THE
shall clean the site and the Project and remove all BENEFIT OF THE PARTIES HERETO AND NOT
waste, rubbish, temporary structures, and other INTENDED TO CREATE OR GRANT ANY
materials together with all of the Contractor's RIGHTS, CONTRACTUAL OR OTHERWISE, TO
property therefrom. Contractor shall dispose of all ANY OTHER PERSON OR ENTITY. IT IS THE
refuse at a Texas Natural Resource Conservation EXPRESSED INTENT OF THE PARTIES TO THIS
Commission approved landfill. The Contractor shall AGREEMENT THAT THE INDEMNITY
further restore all property damaged during the PROVIDED FOR IN THIS CONTRACT IS AN
prosecution of the Work and shall leave the site in a INDEMNITY EXTENDED BY CONTRACTOR TO
clean and presentable condition. No additional INDEMNIFY AND PROTECT OWNER FROM
payment shall be made by the Owner for this work, THE CONSEQUENCES OF THE
the compensation having been considered and CONTRACTOR'S AS WELL AS THE OWNER'S
included in the contract price. NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY
7.11 ACCESS TO WORK AND INSPECTIONS SUCH INJURY, DEATH, OR DAMAGE. IN
ADDITION, CONTRACTOR SHALL OBTAIN
7.11.1 The Owner and the Architect shall have AND FILE WITH OWNER CITY OF COPPELL A
access to the Work at all times from commencement STANDARD CERTIFICATE OF INSURANCE
of the Work through final completion. The AND APPLICABLE POLICY ENDORSEMENT
Contractor shall take whatever steps necessary to EVIDENCING THE REQUIRED COVERAGE
provide access when requested. When reasonably AND NAMING THE OWNER CITY OF COPPELL
requested by the Owner or the Architect, the AS AN ADDITIONAL INSURED ON THE
Contractor shall perform or cause to be performed REQUIRED COVERAGE.
such testing as may be necessary or appropriate to
insure suitability of the jobsite or the Work's 7.12.2 The Contractor will secure and maintain
compliance with the Contract requirements. Contractual Liability insurance to cover this
indemnification agreement that will be primary and
7.12 INDEMNITY AND DISCLAIMER non- contributory as to any insurance maintained by
the Owner for its own benefit, including self -
7.12.1 OWNER SHALL NOT BE LIABLE insurance. In addition, Contractor shall obtain and
OR RESPONSIBLE FOR, AND SHALL BE file with Owner a City of Coppell Standard
INDEMNIFIED, DEFENDED, HELD HARMLESS Certificate of Insurance evidencing the required
AND RELEASED BY CONTRACTOR FROM coverage.
AND AGAINST ANY AND ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR 7.12.3 In claims against any person or entity
LIABILITY OF ANY CHARACTER, TYPE, OR indemnified under this Paragraph 7.12 by an
DESCRIPTION, INCLUDING ALL EXPENSES OF employee of the Contractor, a Subcontractor, anyone
LITIGATION, COURT COSTS, AND directly or indirectly employed by them or anyone for
ATTORNEY'S FEES FOR INJURY OR DEATH TO whose acts they may be liable, the indemnification
ANY PERSON, OR INJURY OR LOSS TO ANY obligation under this Paragraph 7.12 shall not be
PROPERTY, RECEIVED OR SUSTAINED BY limited by a limitation on amount or type of damages,
ANY PERSON OR PERSONS, INCLUDING THE compensation or benefits payable by or for the
CONTRACTOR, OR PROPERTY, ARISING OUT Contractor or a Subcontractor under workers'
OF, OR OCCASIONED BY, DIRECTLY OR compensation acts, disability benefit acts or other
INDIRECTLY, THE PERFORMANCE OF employee benefit acts.
CONTRACTOR UNDER THIS AGREEMENT,
INCLUDING CLAIMS AND DAMAGES ARISING
IN WHOLE OR IN PART FROM THE
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BID Q- 0705 -02 ACOUSTICAL WALL
7.13 NONDISCRIMINATION comply with any and all safety requirements imposed
by the Architect during the progress of the Work.
7.13.1 The Contractor shall not discriminate in
any way against any person, employee or job 7.16 WARNING DEVICES AND BARRICADES
applicant on the basis of race, color, creed, national
original, religion, age, sex, or disability where 7.16.1 The Contractor shall furnish and maintain
reasonable accommodations can be effected to enable such warning devices, barricades, lights, signs,
the person to perform the essential functions of the pavement markings, and other devices as may be
job. The Contractor shall further insure that the necessary or appropriate or required by the Architect
foregoing nondiscrimination requirement shall be to protect persons or property in, near or adjacent to
made a part and requirement of each subcontract on the jobsite, including . No separate compensation
this Project. shall be paid to the Contractor for such measures.
Where the Work is being conducted in, upon or near
7.14 PREVAILING WAGE RATES streets, alleys, sidewalks, or other rights -of -way, the
Contractor shall insure the placement, maintenance
7.14.1 The Contractor shall comply in all and operation of any and all such warning devices as
respects with all requirements imposed by any laws, may be required by the City of Coppell and shall do
ordinances or resolutions applicable to the Project so until no longer required by the City. Such devices
with regard to the minimum prevailing wage rates for shall be in compliance with and conform to the
all classes of employees, laborers, subcontractors, manual and specifications for the uniform system of
mechanics, workmen and persons furnishing labor traffic control devices adopted by the Texas
and services to the Project. The City of Coppell has Department of Transportation.
adopted a Prevailing Wage Rate Schedule, available
to the Contractor by request, which specifies the 7.17 PROTECTION OF UTILITIES
classes and wage rates to be paid to all persons. The
Contractor shall pay not less than the minimum wage AND OTHER CONTRACTORS
rates established thereby for each class, craft or type
of labor, workman, or mechanic employed in the 7.17.1 The Contractor shall use best efforts to
execution of this Contract. The failure of the leave undisturbed and uninterrupted all utilities and
Contractor to comply with this requirement shall utility services provided to the jobsite or ■which
result in the forfeiture to the City of Coppell of a sum presently exists at, above or beneath the location
of not less than Sixty Dollars ($60.00) for each where the Work is to be performed. In the event that
person per day, or portion thereof, that such person is any utility or utility service is disturbed or damaged
paid less than the prevailing rate. Upon request by during the progress of the Work, the Contractor shall -
the Owner, Contractor shall make available for forthwith repair, remedy or restore the utility at
inspection and copying its books and records, Contractor's sole expense.
including but not limited to its payroll records,
account information and other documents as may be 7.17.2 The Contractor understands and
required by the Owner to insure compliance with this acknowledges that other contractors of the Owner or
provision. of other entities may be present at the jobsite
performing other work unrelated to the Project. The
7.15 JOB SITE SAFETY PRECAUTIONS Contractor shall use best efforts to work around other
contractors without impeding the work of others
7.15.1 The Contractor shall at all times while still adhering to the completion date established
exercise reasonable precautions for the safety of its herein. In the event that the Contractor's work is or
employees, laborers, subcontractors, mechanics, may be delayed by any other person, the Contractor
workmen and others on and near the jobsite and shall shall immediately give notice thereof to the Architect
comply with all laws, ordinances, regulations, and and shall request a written Change Order in
standards of federal, state and local safety laws and accordance with the procedures set forth by this
regulations. The Contractor shall provide such Contract. The Contractor's failure to provide such
machinery guards, safe walk -ways, ladders, bridges, notice and to request such Change Order shall
and other safety devices as may be necessary or constitute a waiver of any and all claims associated
appropriate to insure a safe and secure jobsite and therewith.
shall require its subcontractors to comply with this
requirement. The Contractor shall immediately
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BID Q- 0705 -02 ACOUSTICAL WALL
8.2.4 The Architect will review the
Contractor's Applications for Payment and will
ARTICLE VIII certify to the Owner for payment to the Contractor,
those amounts then due the Contractor as provided in
CONTRACT ADMINISTRATION this Contract.
8.1 THE ARCHITECT 8.2.5 The Architect shall have authority to
reject Work which is defective or does not conform
8.1.1 When used in this Contract the term to the requirements of this Contract. If the Architect
"Architect" does not necessarily denote a duly deems it necessary or advisable, the Architect shall
licensed, trained or certified architect; as used herein, have authority to require additional inspection or
the term shall be used interchangeably and shall testing of the Work for compliance with Contract
mean a designated Architect, Engineer, or Contract requirements.
Administrator (who may not be an architect or
engineer) for the Owner, said person to be designated 8.2.6 The Architect will review and approve,
or redesignated by the Owner prior to or at any time or take other appropriate action as necessary,
during the Work hereunder. The Architect may be an concerning the Contractor's submittals including
employee of the Owner or may be retained by the Shop Drawings, Product Data and Samples. Such
Owner as an independent contractor but, in either review, approval or other action shall be for the sole
event, the Architect's duties and authority shall be as purpose of determining conformance with the design
set forth hereinafter. The Contractor understands and concept and information given through the Contract
agrees that it shall abide by the decisions and Documents.
instructions of the Architect notwithstanding the
contractual relationship between the Owner and 8.2.7 The Architect will prepare Change
Architect. All of the Owner's instructions to the Orders and may authorize minor changes in the Work
Contractor shall be through the Architect. by Field Order as provided elsewhere herein.
In the event the Owner should find it necessary or 8.2.8 The Architect shall, upon written
convenient to replace the Architect, the Owner shall request from the Contractor, conduct inspections to
retain a replacement Architect and the status of the determine the date of Substantial Completion and the
replacement Architect shall be that of the former date of final completion, will receive and forward to
Architect. the Owner for the Owner's review and records,
written warranties and related documents required by
8.2 ARCHITECT'S ADMINISTRATION this Contract and will issue a final Certificate for
Payment upon compliance with the requirements of
8.2.1 The Architect, unless otherwise directed this Contract.
by the Owner in writing, will perform those duties
and discharge those responsibilities allocated to the 8.2.9 The Architect's decisions in matters
Architect as set forth in this Contract. The Architect relating to aesthetic effect shall be final if consistent
shall be the Owner's representative from the effective with the intent of this Contract.
date of this Contract until final payment has been
made. 8.3 CLAIMS BY THE CONTRACTOR
8.2.2 The Owner and the Contractor shall 8.3.1 The Architect shall determine all claims
communicate with each other in the first instance and matters in dispute between the Contractor and
through the Architect. Owner with regard to the execution, progress, or
sufficiency of the Work or the interpretation of the
8.2.3 The Architect shall be the initial Contract Documents, including but not limited to the
interpreter of the requirements of the drawings and plans and specifications. Any dispute shall be
specifications and the judge of the performance submitted in writing to the Architect within seven (7)
thereunder by the Contractor. The Architect shall days of the event or occurrence or the first
render written or graphic interpretations necessary for appearance of the condition giving rise to the claim
the proper execution or progress of the Work with or dispute who shall render a written decision within
reasonable promptness on request of the Contractor. a reasonable time thereafter. The Architect's
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BID Q- 0705 -02 ACOUSTICAL WALL
decisions shall be final and binding on the parties. In 8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the
the event that either party objects to the Architect's Contractor wishes to make a claim for an increase in
determination as to any submitted dispute, that party the Contract Price, as a condition precedent to any
shall submit a written objection to the Architect and liability of the Owner therefor, the Contractor shall
the opposing party within ten (10) days of receipt of give the Architect written notice of such claim within
the Architect's written determination in order to seven (7) days after the occurrence of the event, or
preserve the objection. Failure to so object shall the first appearance of the condition, giving rise to
. constitute a waiver of the objection for all purposes. such claim. Such notice shall be given by the
Contractor before proceeding to execute any
8.3.2 Pending final resolution of any claim of additional or changed Work. The failure by the
the Contractor, the Contractor shall diligently Contractor to give such notice and to give such notice
proceed with performance of this Contract and the prior to executing the Work shall constitute a waiver
Owner shall continue to make payments to the of any claim for additional compensation.
Contractor in accordance with this Contract.
8.3.4.1 In connection with any claim by the
8.3.3 CLAIMS FOR CONCEALED, LATENT OR Contractor against the Owner for compensation in
UNKNOWN CONDITIONS - The Contractor expressly excess of the Contract Price, any liability of the
represents that it has been provided with an adequate Owner for the Contractor's costs shall be strictly
opportunity to inspect the Project site and thoroughly limited to direct costs incurred by the Contractor and
review the Contract Documents and plans and shall in no event include indirect costs or
specifications prior to submission of its bid and the consequential damages of the Contractor. The
Owner's acceptance of the bid. Subject to the Owner shall not be liable to the Contractor for claims
conditions hereof, Contractor assumes full of third parties, including Subcontractors. The Owner
responsibility and risk for any concealed, latent or shall not be liable to the Contractor for any claims
unknown condition which may affect the Work. No based upon delay to the Contractor for any reason
claims for extra work or additional compensation whatsoever including any act or neglect on the part of
shall be made by Contractor in connection with the Owner. .
concealed, latent or unknown conditions except as
expressly provided herein. Should concealed, latent 8.3.5 CLAIMS FOR ADDITIONAL TIME - If the
or unknown conditions encountered in the Contractor is delayed in progressing any task which
performance of the Work (a) below the surface of the at the time of the delay is then critical or which
ground or (b) in an existing structure be at variance during the delay becomes critical, as the sole result of
with the conditions indicated by this Contract, or any act or neglect to act by the Owner or someone
should unknown conditions of an unusual nature acting in the Owner's behalf, or by changes ordered
differing materially from those ordinarily in the Work, unusual delay in transportation,
encountered in the area and generally recognized as unusually adverse weather conditions not reasonably
inherent in Work of the character provided for in this anticipated, fire or any causes beyond the
Contract, be encountered, the Contract Price shall be Contractor's control, then the date for achieving
equitably adjusted by Change Order upon the written Substantial Completion of the Work shall be
notice and claim by either party made within seven extended upon the written notice and claim of the
(7) days after the first observance of the condition. Contractor to the Owner and the Architect, for such
As a condition precedent to the Owner having any reasonable time as the Architect may determine. Any
liability to the Contractor for concealed or unknown notice and claim for an extension of time by the
conditions, the Contractor must give the Owner and Contractor shall be made not more than seven (7)
the Architect written notice of, and an opportunity to days after the occurrence of the event or the first
observe. the condition prior to disturbing it. The appearance of the condition giving rise to the claim
failure by the Contractor to make the written notice and shall set forth in detail the Contractor's basis for
and claim as provided in this Subparagraph shall requiring additional time in which to complete the
constitute a waiver by the Contractor of any claim Project. In the event the delay to the Contractor is a
arising out of or relating to such concealed, latent or continuing one, only one notice and claim for
unknown condition and the Contractor thereby additional time shall be necessary. If the Contractor
assumes all risks and additional costs associated fails to make such claim as required in this
therewith. 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
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BID Q 0705 -02 ACOUSTICAL WALL
Contractor and Contractor shall not assert nor be names of persons or entities proposed by the
entitled to any additional delays or damages Contractor to act as a Subcontractor on the Project.
associated therewith. The Owner shall promptly reply to the Contractor, in
writing, stating any objections the Owner may have
8.4 FIELD ORDERS to such proposed Subcontractor. The Contractor
shall not enter into a subcontract with a proposed
8.4.1 The Architect shall have authority to Subcontractor with reference to whom the Owner has
order minor changes in the Work not involving a made timely objection. The Contractor shall not be
change in the Contract Price or in Contract Time and required to subcontract with any party to whom the
not inconsistent with the intent of the Contract. Such Contractor has objection.
changes shall be effected by Field Order and shall be
binding upon the Contractor. The Contractor shall 9.2.2 All subcontracts shall afford the
carry out such Field Orders promptly. Contractor rights against the Subcontractor which
correspond to those rights afforded to the Owner
8.5 MEDIATION against the Contractor herein, including those rights
afforded to the Owner by Subparagraph 12.2.1
8.5.1 In the event that a dispute arises under below. All subcontracts shall incorporate by
the terms of this Contract, following an adverse reference the provisions hereof and shall provide that
determination by the Architect and proper no claims, causes or demands shall be made by any
preservation of the issue as required herein, the Subcontractor against the Owner.
parties agree to submit to mediation. In such event,
the parties shall agree to a designated person to serve 9.2.3 The Contractor shall indemnify, defend
as mediator and each party shall be responsible for and hold harmless the Owner from and against any
payment of one -half of the total mediation fees. The and all claims, demands, causes of action, damage,
parties shall submit the dispute to mediation as soon and liability asserted or made against the Owner by
as practical and in no event later than one (1) year or on behalf of any Subcontractor.
after the Architect'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. ARTICLE X
8.5.2 In no event shall the foregoing CHANGES IN THE WORK
provision justify or authorize any delay in the
progress of the Work; the parties shall abide by the 10.1 CHANGES PERMITTED
decision of the Architect in accomplishing the timely
completion of the Project. 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
ARTICLE IX Change Order or by Field Order.
SUBCONTRACTORS 10.1.2 Changes in the Work shall be
performed under applicable provisions of this
9.1 DEFINITION Contract and the Contractor shall proceed promptly
with such changes.
9.1.1 A Subcontractor is an entity which has a
direct contract with the Contractor to perform a 10.2 CHANGE ORDER DEFINED
portion of the Work. No Subcontractor shall be in
privity with the Owner. 10.2.1 Change Order shall mean a written
order to the Contractor executed by the Owner and
9.2 AWARD OF SUBCONTRACTS the Architect, issued after execution of this Contract,
authorizing and directing a change in the Work or an
9.2.1 Upon execution of the Contract, the adjustment in the Contract Price or the Contract
Contractor shall furnish the Owner, in writing, the Time, or any combination thereof. The Contract
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Price and the Contract Time may be changed only by 10.3.3 If unit prices are provided in the
written Change Order. Contract, and if the quantities contemplated are so
changed in a proposed Change Order that application
10.3 CHANGES IN TILE CONTRACT PRICE of such unit prices to the quantities of Work proposed
will cause substantial inequity to the Owner or to the
10.3.1 Any change in the Contract Price Contractor, the applicable unit prices shall be
resulting from a Change Order shall be determined as equitably adjusted.
follows: (a) by mutual agreement between the Owner
and the Contractor as evidenced by (1) the change in 10.4 MINOR CHANGES
the Contract Price being set forth in the Change
Order, (2) such change in the Contract Price, together 10.4.1 The Architect shall have authority to
with any conditions or requirements related thereto, order minor changes in the Work not involving a
being initialed by both parties and (3) the change in the Contract Price or an extension of the
Contractor's execution of the Change Order, or (b) if Contract Time and not inconsistent with the intent of
no mutual agreement occurs between the Owner and this Contract. Such minor changes shall be made by
the Contractor, then, as provided in Subparagraph written Field Order, and shall be binding upon the
10.3.2 below. owner and the Contractor. The Contractor shall
promptly carry out such written Field Orders.
10.3.2 If no mutual agreement occurs between
the Owner and the Contractor as contemplated in 10.5 EFFECT OF EXECUTED
Subparagraph 10.3.1 above, the change in the
Contract Price, if any, shall then be determined by the CHANGE ORDER
Architect on the basis of the reasonable expenditures
or savings of those performing, deleting or revising 10.5.1 The execution of a Change Order by the
the Work attributable to the change, including, in the Contractor shall constitute conclusive evidence of the
case of an increase or decrease in the Contract Price, Contractor's agreement to the ordered changes in the
a reasonable allowance for direct job site overhead Work, this Contract as thus amended, the Contract
and profit. In such case, the Contractor shall present, Price and the Contract Time. The Contractor, by
in such form and with such content as the Owner or executing the Change Order, waives and forever
the Architect requires, an itemized accounting of releases any claim against the Owner for additional
such expenditures or savings, plus appropriate time or compensation for matters relating to or
supporting data for inclusion in a Change Order. arising out of or resulting from the Work included
Reasonable expenditures or savings shall be limited within or affected by the executed Change Order.
to the following: reasonable costs of materials,
supplies, or equipment including delivery costs, 10.6 NOTICE TO SURETY; CONSENT
reasonable costs of labor, including social security,
old age and unemployment insurance, fringe benefits 10.6.1 The Contractor shall notify and obtain
required by agreement or custom, and workers' the consent and approval of the Contractor's surety
compensation insurance, reasonable rental costs of with reference to all Change Orders if such notice,
machinery and equipment exclusive of hand tools consent or approval are required by the Contractor's
whether rented from the Contractor or others, surety or by law. The Contractor's execution of the
reasonable costs of premiums for all bonds and Change Order shall constitute the Contractor's
insurance, permit fees, and sales, use or other taxes warranty to the Owner that the surety has been
related to the Work, and reasonable cost of direct notified of and consents to, such Change Order and
supervision and jobsite field office overhead directly the surety shall be conclusively deemed to have been
attributable to the change. In no event shall any notified of such Change Order and to have expressly
expenditure or savings associated with the consented thereto.
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 Architect's Certificate for Payment.
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BID Q- 0705 -02 ACOUSTICAL WALL
ARTICLE XI duty of the Contractor to specifically correct the
Work.
UNCOVERING AND CORRECTING WORK
11.3 OWNER MAY ACCEPT DEFECTIVE
11.1 UNCOVERING WORK . .
OR NONCONFORMING WORK
11.1.1 If any of the Work is covered contrary
to the Architect's request or to any provisions of this 11.3.1 If the Owner chooses to accept
Contract, it shall, if required by the Architect or the defective or nonconforming Work, the Owner may
Owner, be uncovered for the Architect's inspection do so. In such event, the Contract Price shall be
and shall be properly replaced at the Contractor's reduced by the greater of (a) the reasonable cost of
expense without change in the Contract Time. removing and correcting the defective or
nonconforming Work, and (b) the difference between
11.1.2 If any of the Work is covered in a the fair market value of the Project as constructed and
manner not inconsistent with Subparagraph 11.1.1 the fair market value of the Project had it not been
above, it shall, if required by the Architect or Owner, constructed in such a manner as to include defective
be uncovered for the Architect's inspection. If such or nonconforming Work. If the remaining portion of
Work conforms strictly with this Contract, costs of the unpaid Contract Price, if any, is insufficient to
uncovering and proper replacement shall by Change compensate the Owner for its acceptance of defective
Order be charged to the Owner. If such Work does or nonconforming Work, the Contractor shall, upon
not strictly conform with this Contract, the written demand from the Owner, pay the Owner such
Contractor shall pay the costs of uncovering and remaining compensation for accepting defective or
proper replacement. nonconforming Work.
11.2 CORRECTING WORK ARTICLE XII
11.2.1 The Contractor - shall immediately CONTRACT TERMINATION
proceed to correct Work rejected by the Architect as
defective or failing to conform to this Contract. The 12.1 TERMINATION BY THE CONTRACTOR
Contractor shall pay all costs and expenses associated
with correcting such rejected Work, including any 12.1.1 If the Work is stopped for a period of
additional testing and inspections, and reimbursement ninety (90) days by an order of any court or other
to the Owner for the Architect's services and public authority, or as a result of an act of the
expenses made necessary thereby. Government, through no fault of the Contractor or
any person or entity working directly or indirectly for
11.2.2 If within one (1) year after Substantial the Contractor, the Contractor may, upon ten (10)
Completion of the Work any of the Work is found to days' written notice to the Owner and the Architect,
be defective or not in accordance with this Contract, terminate performance under this Contract and
the Contractor shall correct it promptly upon receipt recover from the Owner payment for the actual
of written notice from the Owner. This obligation reasonable expenditures of the Contractor (as limited
shall survive final payment by the Owner and in Subparagraph 10.3.2 above) for all Work executed
termination of this Contract. With respect to Work and for materials, equipment, tools, construction
first performed and completed after Substantial equipment and machinery actually purchased or
Completion, this one year obligation to specifically rented solely for the Work, less any salvage value of
correct defective and nonconforming Work shall be any such items.
extended by the period of time which elapses
between Substantial Completion and completion of 12.1.2 If the Owner shall persistently or
the subject Work. repeatedly fail to perform any material obligation to
the Contractor for a period of fifteen (15) days after
11.2.3 Nothing contained in this Paragraph receiving written notice from the Contractor of its
11.2 shall establish any period of limitation with intent to terminate hereunder, the Contractor may
respect to other oblgations which the Contractor has terminate performance under this Contract by written
under this Contract. Establishment of the one year notice to the Architect and the Owner. In such event,
time period in Subparagraph 11.2.2 relates only to the the Contractor shall be entitled to recover from the
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
BID Q- 0705 -02 ACOUSTICAL WALL
Owner as though the Owner had terminated the pay the Contractor the following
Contractor's performance under this Contract for amounts:
convenience pursuant to Subparagraph 12.2.1
hereunder. (i) Contract prices for labor, materials,
equipment and other services
12.2 TER1IINATION BY TIIE OWNER accepted under this Contract;
12.2.1 FOR CONVENIENCE (ii) Reasonable costs incurred in
preparing to perform and in
12.2.1.1 The Owner may for any reason performing the terminated portion of
whatsoever terminate performance under this the Work, and in terminating the
Contract by the Contractor for convenience. The Contractor's performance, plus a fair
Owner shall give written notice of such termination and reasonable allowance for
to the Contractor specifying when termination overhead and profit thereon (such
becomes effective. profit shall not include anticipated
profit or consequential damages),
12.2.1.2 The Contractor shall incur no further provided however, that if it appears
obligations in connection with the Work and the that the Contractor would have not
Contractor shall stop Work when such termination profited or would have sustained a
becomes effective. The Contractor shall also loss if the entire Contract would have
terminate outstanding orders and subcontracts. The been completed, no profit shall be
Contractor shall settle the liabilities and claims allowed or included and the amount
arising out of the termination of subcontracts and of compensation shall be reduced to
orders. The Owner may direct the Contractor to reflect the anticipated rate of loss, if
assign the Contractor's right, title and interest under any;
terminated orders or subcontracts to the Owner or its
designee. (iii) Reasonable costs of settling and
paying claims arising out of the
12.2.1.3 The Contractor shall transfer title and termination of subcontracts or orders
deliver to the Owner such completed or partially pursuant to Subparagraph 12.2.1.2 of
completed Work and materials, equipment, parts, this Paragraph. These costs shall not
fixtures, information and Contract rights as the include amounts paid in accordance
Contractor has. with other provisions hereof.
12.2.1.4 (a) The Contractor shall submit a The total sum to be paid the Contractor under this
termination claim to the Owner and Subparagraph 12.2.1 shall not exceed the total
the Architect specifying the amounts Contract Price, as properly adjusted, reduced by the
due because of the termination for amount of payments otherwise made, and shall in no
convenience together with costs, event include duplication of payment.
pricing, or other data required by the
Architect. If the Contractor fails to 12.2.2 FOR CAUSE
file a termination claim within one (1)
year from the effective date of 12.2.2.1 If the Contractor persistently or
termination, the Owner shall pay the repeatedly refuses or fails to prosecute the Work in a
Contractor, an amount derived in timely manner, abandons the jobsite and fails to
accordance with subparagraph (c) resume work within five (5) days of written notice
below. thereof by the Owner, fails to grant or allow access to
the jobsite by the Owner or Architect, fails to supply
(b) The Owner and the Contractor may enough properly skilled workers, supervisory
agree to the compensation, if any, due personnel or proper equipment or materials, fails to
to the Contractor hereunder. make prompt payment to Subcontractors or for
materials or labor, persistently disregards laws,
(c) Absent agreement to the amount due ordinances, rules, regulations or orders of any public
to the Contractor, the Owner shall authority having jurisdiction, or otherwise is guilty of
CITY OF COPPELL • PCRCIIAs ING DEPARTJIENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17
BID Q - 0705 - 02 ACOUSTICAL WALL
a violation of a material provision of this Contract, 13.1.2 The Contractor shall not commence
then the Owner may by written notice to the work on any Contract in the City of Coppell until the
Contractor, without prejudice to any other right or Contractor has obtained all the insurance required
remedy, terminate the employment of the Contractor under this paragraph and such insurance has been
and take possession of the site and of all materials, approved by the City.
equipment, tools, construction equipment and
machinery thereon owned by the Contractor and may 13.2 TYPES AND AMOUNTS OF
finish the Work by whatever methods it may deem
expedient. In such case, the Contractor shall not be CONTRACTOR'S INSURANCE
entitled to receive any further payment until the
Work is finished. 13.2.1. The Contractor shall furnish and
maintain during the life of the contract adequate
12.2.2.2 If the unpaid balance of the Contract Worker's Compensation and Commercial General
Price does not exceed the cost of finishing the work, Liability (Public) Insurance in such amounts as
including compensation for the Architect's additional follows:
services and expenses made necessary thereby, such
difference shall be paid by the Contractor to the Tyne of Insurance Amount
Owner. This obligation for payment shall survive the
termination of the Contract. Worker's Compensation as set forth in the Worker's
Compensation Act.
12.2.2.3 In the event the employment of the
Contractor is terminated by the Owner for cause Commercial General $1,000,000 Each
pursuant to Subparagraph 12.2.2 and it is Accident/Occurrence.
subsequently determined by a Court of competent
jurisdiction that such termination was without cause, Liability (Public) $1,000,000 Aggregate
such termination shall thereupon be deemed a $1,000,000 Products &
Termination for Convenience under Subparagraph Completed Operations
12.2.1 and the provisions of Subparagraph 12.2.1 Aggregate.
shall apply.
Owner's Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
ARTICLE XIII
Excess/Umbrella Liability $1,000,000 per occurrence
I' 5'' ' RAN C E w /drop down coverage
13.1 CONI I'..\CTOIt SHALL
MAINTAIN INSURANCE Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
13.1.1 The Contractor at his own expense shall Project or Owner's and
purchase, maintain and keep in force during the life Contractor's Protective
of this contract, adequate insurance that will protect Liability Insurance for the
the Contractor and/or any Additional Insured from Project.
claims which may arise out of or result from
operations under this contract. The insurance required Automobile Liability $500,000 Combined
shall provide adequate protections from all claims, single limit per
whether such operatic n' be by the Contractor or by occurrence.
any Additional Insured or by any Subcontractor or by
anyone directly or ind. :cctly employed by any of 13.3 ADDITIONAL INSURED
them, or by anyone whose acts of any of them may
be liable and from any special hazards, such as The Owner shall be named as an additional insured
blasting, which may be encountered in the on the Commercial General Liability (Public),
performance of this contract in the amounts as shown Owner's Protective Liability, and Excess/Umbrella
below in Paragraph 13.2.1. Liability Insurance Policies furnished by the
Contractor.
CITY OF COPPELL • PUI .. \SING I)LI'ARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18
•
BID Q - 0705 - 02 ACOUSTICAL WALL
13.4 WRITTEN NOTIFICATION (3) provide the governmental entity prior to
the end of the coverage period, a new
Each insurance policy shall contain a provision certificate of coverage showing extension
requiring that thirty (30) days prior to expiration, of coverage, if the coverage period shown
cancellation, non - renewal or any material change in on the contractor's current certificate of
coverage, a notice there of shall be given by certified coverage ends during the duration of the
mail to the Division of Purchasing, City of Coppell, project;
255 Parkway Blvd., Coppell, Texas, 75019.
(4) obtain from each person providing
13.5 PREMIUMS AND ASSESSMENTS services on a project, and provide to the
governmental entity:
Companies issuing the insurance policies shall have
no recourse against the City for payment of any (A) a certificate of coverage, prior to that
premiums or assessments for any deductibles which person beginning work on the project,
are at the sole responsibility and risk of the so the governmental entity will have
Contractor. on file certificates of coverage
showing coverage for all persons
13.6 CERTIFICATE OF INSURANCE providing services on the project; and
(B) no later than seven days after receipt
Proof that the insurance is in force shall be furnished by the contractor, a new certificate of
to the City on City of Coppell Standard Certificate of coverage showing extension of
Insurance Forms. In the event any insurance policy coverage, if the coverage period
shown on the Certificate of Insurance has an shown on the current certificate of
expiration date that is prior to the completion and coverage ends during the duration of
final acceptance of the project by the City of Coppell, the project;
the contractor shall furnish the City proof of identical
continued coverage no later than thirty(30) days prior (5) retain all required certificates of coverage
to the expiration date shown on the Certificate of on file for the duration of the project and
Insurance. for one year thereafter;
13.7 PRIMARY COVERAGE (6) notify the governmental entity in writing
The coverages provided herein shall be primary and by certified mail or personal delivery,
noncontributory with any other insurance maintained within 10 days after the contractor knew
by the City of Coppell, Texas, for its benefit, or should have known, of any change that
including self insurance. materially affects the provision of
coverage of any person providing services
13.8 WORKER'S COJU'ENSATION on the project;
INSURANCE COVERAGE
(7) post a notice on each project site
13.8.1 The Contractor shall: informing all persons providing services
on the project that they are required to be
(1) provide coverage for its employees covered, and stating how a person may
providing services on a project, for the verify current coverage and report failure
duration of ['le project based on proper to provide coverage. This notice does not
reporting of classification codes and satisfy other posting requirements
payroll amounts and filing of any imposed by the Act or other commission
coverage agreements; rules. This notice must be printed with a
title in at least 30 point bold type and text
(2) provide a certificate of coverage showing in at least 19 point normal type, and shall
workers' compensation coverage to the be in both English and Spanish and any
governmental entity prior to beginning other language common to the worker
work on the project; population. The text for the notices shall
be the following text provided by the
Texas Worker's Compensation Comm -
CITY OF COPPELL • PUR,'u \sl NC DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
BID Q- 0705 -02 ACOUSTICAL WALL
ission on the sample notice, without any
additional words or changes: (i) a certificate of coverage,
prior to the other person
beginning work on the
REQUIRED WORKERS' COMPENSATION project; and
COVERAGE
(ii) prior to the end of the
"The law requires that each person working on this coverage period, a new
site or providing services related to this construction certificate of coverage
project must be covered by workers' compensation showing extension of the
insurance. This includes persons providing, hauling, coverage period, if the
or delivering equip: _nit or materials, or providing coverage period shown on
labor or transportation or other service related to the the current certificate of
project, regardless of the identity of their employer or coverage ends during the
status as an employee." duration of the project;
"Call the Texas Workers' Compensation Commission (F) retain all required certificates of
at 512- 440 -3789 to receive information on the legal coverage on file for the duration of
requirement for coverage, to verify whether your the project and for one year
employer has provided the required coverage, or to thereafter;
report an employer's failure to provide coverage."
(G) notify the governmental entity in
and writing by certified mail or
personal delivery, within 10 days
(8) contractually require each person with after the person knew or should
whom it contracts to provide services on a have known, of any change that
project, to: materially affects the provision of
coverage of any person providing
(A) provide coverage based on proper services on the project; and
rep,: :ing of classification codes
and ;payroll amounts and filing of (H) contractually require each other
any overage agreements for all of person with whom it contracts, to
its employees providing services on perform as required by sub-
the project, for the duration of the paragraphs (A) - (1-1) of this
proj paragraph, with the certificate of
coverage to be provided to the
(B) provide a certificate of coverage to person for whom they are
the contractor prior to that person providing services.
beginning work on the project;
(C) inc! !e in all contracts to provide ARTICLE
ser . es on the project the language
in st : isection (e)(3) of this rule; MISCELLANEOUS
(D) provide the Contractor, prior to the 14.1 LAWS AND ORDINANCES
end of the coverage period, a new
certi!cate of coverage showing 14.1.1 The Contractor shall at all times and in
extension of coverage, if the all respects observe and comply with all federal, state
coverage period shown on the and local laws, ordinances, and regulations applicable
curr :it certificate of coverage ends to the Project and Work. The Contractor shall further
duri <2 the duration of the project; insure that all Subcontractors observe and comply
with said laws, ordinances and regulations.
(E) obr 1 from each other person with
who: i it contracts, and provide to
the Contractor:
CITY OF COPPELL • PUR( i USING DEPARTMENT • 2SS PARKWAY BOULEVARD • COPPELL, TEXAS 751)1u Page 20
BID Q- 0705 -02 ACOUSTICAL WALL
14.2 GOVERNING LAW Contractor's unit bid prices and shall be paid by the
Contractor.
14.2.1 The Contract shall be governed by the
laws of the State of Texas. Venue for any causes of 14.5 SEVERABILITY
action arising under the terms or provisions of this
Contract or the Work to be performed hereunder shall 14.5.1 The provisions of this Contract are
be in the courts of Dallas County, Texas. herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
14.3 SUCCESSORS AND ASSIGNS invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
14.3.1 The Owner and Contractor bind remaining terms, provisions and parts, and this
themselves, their successors, assigns and legal Contract shall be read as if the invalid, void or
representatives to the other party hereto and to unenforceable portion had not be included herein.
successors, assigns ar 1 legal representatives of such
other party in respect to covenants, agreements and 14.6 AMENDDIENTS
obligations contained in this Contract. The
Contractor shall not :assign this Contract without 14.6.1 This Contract may be amended by the
written consent of the Owner. parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to
14.4 SURETY BONDS any nonperformance or nonconforming work or to
enforce any provision hereof shall in no event be
14.4.1 If the Contract Price exceeds the sum of regarded as or construed to be a waiver, release or
$25,000.00, the Contractor shall furnish separate modification of any term or provision in this
performance and p a —nent bonds to the Owner, Contract, nor shall such failure to object or enforce
according to the rec: irements set out in the bid estop the Owner from insisting on strict compliance
documents and state statutes to guaranty full and with this Contract or from recovering damages, costs
faithful performance c f the Contract and the full and or expenses arising as a result of such
final payment of a" persons supplying labor or nonperformance or nonconforming work.
materials to the Project. Each bond required by the
bid documents or state statute shall set forth a penal 14.7 NOTICES
sum in an amount not less than the Contract Price.
Each bond furnisher) by the Contractor shall 14.6.1 All notices required by this Contract
incorporate by refere:.. a the terms of this Contract as shall be presumed received when deposited in the
fully as though they ..were set forth verbatim in such mail properly addressed to the other party or
bonds. In the event Contract Price is adjusted by Architect at the address set forth herein or set forth in
Change Order execu' ; by the Contractor, the penal a written designation of change of address delivered
sum of both the pert mance bond and the payment to all parties and the Architect.
bond shall be deer-. ncreased by like amount. The
performance and h. •;ent 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 ! v the State Board of Insurance.
14.4.2 If the r niract Price exceeds the sum of
$25,000.00, the C, :tor, upon execution of the
Contract and print • •ommencement of the Work,
shall furnish to t!. ner a two -year maintenance
bond in the amou'.: one hundred percent (100 %) of
the Contract Pi i. covering the guaranty and
maintenance prescribed herein, written by an
approved surety horized and duly licensed to
conduct business in t!•e State of Texas. The cost of
said maintenance bo ‘.1 shall be included in the
CITY OF COPPELL • i s . 1NG DLPARTAIENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
BID Q - 0705 - 02 ACOUSTICAL WALL
EXECUTED in single or multiple originals, this . day of S fe44 , 200S"
CITY OF COPPELL CONTRACTOR:
APPROVED:
1://'
City mat (Signature)
5 @tJ« S�COMCC 7leSidd,/
(Type/Print Name and Title)
ATTEST:
(Street Address)
ity ecreta y (City /State /Zip)
H -B CONSTRUCTION, INC.
1111 Shadow Lakes Blvd.
Allen, TX 75002 -5823
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
BID Q- 0705 -02 ACOUSTICAL WALL
CORPORATE ACKNOWLEDGMENT
THE STATE OF / ey.4-5
•
COUNTY OF COM /V
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared:
/1//r44 Ph e r Tres� /
/� (Print Name) (Print Title)
of / L3f rtStrac- , cI+il / ..114'C, 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 •r os / .a , A .
-
f ,y' �� A.D., 200r
_.
RANDALt E i1iZ0EDER rotary • ublic In and For
eik County,
Notary Pubic, SOS d Tess
My • expires. ComNsslorl Ewing:
1.1 '
Jut /14, ZOY7
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, the 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 \k : 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.
if
GIVEN UNDER MY HAND AND SEAL OF O CE this /S da / • ' /„
200L.
pS�"49(t, LIBBY BALL -
* � ► � • Notary Public �• — . _
a ��, a State of Texas Notar• Public and for tlic State of Texas
oF� + ' Comm. Expires 06 - 11 - 2008
My Commission expires:
CITY OF COPPELL • PURC'LASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23