Creek Cleaning-CN2009 T H E C 1 T Y O F
COPPELL
*, o
F a 9
A S 1
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR
THE REMOVAL OF
LARGE CALIPER TREES & DEBRIS
FROM VARIOUS CREEKS
AND TRIBUTARIES
Bid #
TREE REMOVAL
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
BID # TREE REMOVAL
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home -rule municipality
(hereinafter referred to as the "Owner ") and (hereinafter referred to as the "Contractor ")
for construction of BID # TREE REMOVAL, (hereinafter referred to as the "Project "), the Owner
and the Contractor hereby agreeing as follows:
ARTICLE I 1.4 No PRIVITY 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 containing 1.5.2 This Contract is intended to be an
photographs, the accepted bid, all Change Orders integral whole and shall be interpreted as internally
and/or Field Orders issued hereafter, any other consistent. What is required by any one Contract
amendments hereto executed by the parties hereafter, Document shall be considered as required by the
together with 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 surety bond for the Project, all General usage.
Conditions, Special Conditions, Plans and
Specifications, and Addenda attached thereto, 1.5.4 The words "include ", "includes ", or
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 # TREE REMOVAL
1.5.6 Words or terms used as nouns in this 1.6 OWNERSHIP OF
Contract shall be inclusive of their singular and plural
forms, unless the context of their usage clearly CONTRACT DOCUMENTS
requires a contrary meaning.
1.6.1 The Contract Documents, and each of
1.5.7 The Contractor shall have a continuing them, shall remain the property of the Owner. The
duty to read, carefully study and compare each of the Contractor shall have the right to keep one record set
Contract Documents, and any Plans and of the Contract Documents upon completion of the
Specifications, and shall give written notice to the Project; provided, however, that in no event shall
Owner of any inconsistency, ambiguity, error or Contractor use, or permit to be used, any or all of
omission which the Contractor may discover with such Contract Documents on other projects without
respect to these documents before proceeding with the Owner's prior written authorization.
the affected Work. The issuance, or the express or
implied approval by the Owner of the Contract
Documents shall not relieve the Contractor of the
continuing duties imposed hereby, nor shall any such ARTICLE II
approval be evidence of the Contractor's compliance
with this Contract. The Owner has requested THE WORK
documents for the Project, including the
Specifications for the Project, which are accurate, 2.1 The Contractor shall perform all of the
adequate, consistent, coordinated and sufficient for Work required, implied or reasonably inferable from,
construction. HOWEVER, THE OWNER MAKES this Contract.
NO REPRESENTATION OR WARRANTY OF
ANY NATURE WHATSOEVER TO THE 2.2 WORK
CONTRACTOR CONCERNING SUCH
DOCUMENTS. By the execution hereof, the 2.2.1 The term "Work" shall mean whatever
Contractor acknowledges and represents that it has is done by or required of the Contractor to perform
received, reviewed and carefully examined such and complete its duties under this Contract, including
documents, has found them to be complete, accurate, the following: construction of the whole or a
adequate, consistent, coordinated and sufficient for designated part of the Project; furnishing of any
construction, and that the Contractor has not, does required surety bonds and insurance, and the
not, and will not rely upon any representation or provision or furnishing of labor, supervision,
warranties by the Owner concerning such documents services, materials, supplies, equipment, fixtures,
as no such representation or warranties have been or appliances, facilities, tools, transportation, storage,
are hereby made. Further, the Contractor represents power, permits and licenses required of the
and warrants that it has had a sufficient opportunity Contractor, fuel, heat, light, cooling and all other
to inspect the Project site and assumes any and all utilities as required by this Contract. The Work to be
responsibility for inadequacies or ambiguities in the performed by the Contractor is generally described as
plans, drawings or specifications as well as for latent follows:
conditions of the site where the work is to be
performed. REMOVAL OF TREES /LIMBS/DEBRIS FROM
1.5.8 As between numbers and scaled CREEKS & TRIBUTARIES IN THE CITY OF
COPPELL, WHETHER ON PRIVATE OR
measurements on the Drawings and in the Design, the PUBLIC PROPERTY.
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 2.2.2 The Contractor shall be responsible for
Contract Documents into divisions, sections, paying for and procuring all materials and labor and
paragraphs, articles, (or other categories), nor the furnishing all services necessary or appropriate for
organization or arrangement of the Design, shall the full performance of the Work and the for the full
control the Contractor in dividing the Work or in completion of the Project. All materials and
establishing the extent or scope of the Work to be workmanship shall be of good quality. Upon request,
performed by Subcontractors.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
BID # TREE REMOVAL
the Contractor shall furnish satisfactory proof of the the Contractor to carry out instructions from the
type, kind, and quality of materials. Owner or Owner's representative. During any period
in which the Work is stopped or during which any of
the Work is not actively in progress for any reason,
Contractor shall properly protect the site and the
ARTICLE III Work from damage, loss or harm.
CONTRACT TIME 3.2 SUBSTANTIAL COMPLETION
3.1 TIME AND LIQUIDATED DAMAGES 3.2.1 "Substantial Completion" shall mean
that stage in the progression of the Work when the
3.1.1 The Contractor shall commence the Work is sufficiently complete in accordance with this
Work within 10 days of receipt of a written Notice to Contract that the Owner can enjoy beneficial use or
Proceed, or sooner if agreed upon with the Owner. occupancy of the Work and can utilize the Work for
The parties acknowledge that time is of the essence in its intended purpose, even though minor
the performance of the terms of this Contract. It is miscellaneous work and/or adjustment may be
contemplated by the parties that the progress of the required.
Work may be delayed by certain conditions beyond
the control of the parties; these delays have been 3.3 TIME IS OF THE ESSENCE
contemplated by the parties and considered in the
time allotted for performance specified herein and 3.3.1 All limitations of time set forth in the
includes, but is not limited to delays occasioned on Contract Documents are of the essence of this
account of adverse weather, temporary unavailability Contract.
of materials, shipment delays, and the presence and
potential interference of other contractors who may ARTICLE IV
be performing work at the Project site unrelated to
this agreement. CONTRACT PRICE
The number of calendar days from the date on which 4.1 THE CONTRACT PRICE
the Work is permitted to proceed, through the date set
forth for Substantial Completion, which is 4.1.1 The Owner shall pay, and the
, 2009, shall constitute the Contractor shall accept, as full and complete payment
"Contract Time ". for all of the Work required herein, the fixed sum of
3.1.2 No claim shall be made by the
Contractor to the Owner, and no damages, costs or The sum set forth in this Paragraph 4.1 shall
extra compensation shall be allowed or paid by the constitute the Contract Price which shall not be
Owner to the Contractor for any delay or hindrance modified except by written Change Order as provided
from any cause in the progress or completion of the in this Contract.
Work or this Contract. The Contractor's sole remedy
in the event of any delay or hindrance shall be to ARTICLE V
request time extensions by written change orders as
PAYMENT OF THE CONTRACT PRICE
provided for hereinafter. Should the Contractor be
delayed by an act of the Owner, or should the Owner
order a stoppage of the Work for sufficient cause, an 5.1 PAYMENT PROCEDURE
extension of time shall be granted by the Owner by
written authorization upon written application, which 5.1.1 The Owner shall pay the Contract Price
extension shall not be unreasonably denied, to to the Contractor as provided below:
compensate for the delay.
3.1.3 The Owner shall have the authority to
suspend the Work wholly or in part for such period or Send Invoice to:
periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the City of Coppell
proper prosecution of the Work or for the failure of
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
BID # TREE REMOVAL
c/o Accounts Payable (g) damage to the Owner or a third party to
whom the Owner is, or may be, liable.
255 Parkway Blvd.
In the event that the Owner makes
Coppell TX 75019 written demand upon the Contractor for amounts
previously paid by the Owner as contemplated in this
5.1.2. The Contractor shall promptly pay each Subparagraph 5.2.1, the Contractor shall promptly
Subcontractor out of the amount paid to the comply with such demand. The Owner shall have no
Contractor on account of such Subcontractor's Work, duty to third parties to withhold payment to the
the amount to which such Subcontractor is entitled. Contractor and shall incur no liability for a failure to
In the event the Owner becomes informed that the withhold funds.
Contractor has not paid a Subcontractor as herein
provided, the Owner shall have the right, but not the 5.3 UNEXCUSED FAILURE TO PAY
duty, to issue future checks in payment to the
Contractor of amounts otherwise due hereunder 5.3.1 If within fifteen (15) days after the date
naming the Contractor and such Subcontractor as established herein for payment to the Contractor by
joint payees. Such joint check procedure, if the Owner, the Owner, without cause or basis
employed by the Owner, shall create no rights in hereunder, fails to pay the Contractor any amount
favor of any person or entity beyond the right of the then due and payable to the Contractor, then the
named payees to payment of the check and shall not Contractor may after ten (10) additional days' written
be deemed to commit the Owner to repeat the notice to the Owner and the Owner's Designee, and
procedure in the future. without prejudice to any other available rights or
remedies it may have, stop the Work until payment of
5.2 WITHHELD PAYMENT those amounts due from the Owner have been
received. Late payments shall not accrue interest or
5.2.1 The Owner may decline to make other late charges.
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts 5.4 COMPLETION AND FINAL PAYMENT
previously paid to the Contractor, to protect the
Owner from loss because of: 5.4.1 When all of the Work is finally
complete and the Contractor is ready for a final
(a) defective Work not remedied by the inspection, it shall notify the Owner. Thereupon, the
Contractor nor, in the opinion of the Owner or Owner's designee will make final
Owner, likely to be remedied by the inspection of the Work and, if the Work is complete
Contractor; in full accordance with this Contract and this
Contract has been fully performed, the Owner or
(b) claims of third parties against the Owner's designee will direct Accounts Payable to
Owner or the Owner's property; issue payment of the contract's lump sum price to
Contractor.
(c) failure by the Contractor to pay
Subcontractors or others in a prompt 5.4.2 The Contractor shall not be entitled to
and proper fashion; final payment unless and until it submits to the
Owner's Designee its affidavit that all payrolls,
(d) evidence that the balance of the Work invoices for materials and equipment, and other
cannot be completed in accordance with liabilities connected with the Work for which the
the Contract for the unpaid balance of Owner, or the Owner's property might be responsible,
the Contract Price, have been fully paid or otherwise satisfied; releases
and waivers of lien from all Subcontractors of the
(e) evidence that the Work will not be Contractor and of any and all other parties required
completed in the time required for by the Owner; consent of Surety, if any, to final
substantial or final completion; payment. If any third party fails or refuses to provide
a release of claim or waiver of lien as required by the
(f) persistent failure to carry out the Work Owner, the Contractor shall furnish a bond
in accordance with the Contract; satisfactory to the Owner to discharge any such lien
or indemnify the Owner from liability.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
BID # TREE REMOVAL
5.4.3 Acceptance of final payment shall Work be resumed. In such event, the Contractor shall
constitute a waiver of all claims against the Owner by immediately obey such order.
the Contractor except for those claims previously
made in writing against the Owner by the Contractor, 6.3 OWNER'S RIGHT TO PERFORM WORK
pending at the time of final payment, and identified
in writing by the Contractor as unsettled at the time 6.3.1 If the Contractor's Work is stopped by
of its request for final payment. the Owner under Paragraph 6.2, and the Contractor
fails within seven (7) days of such stoppage to
5.4.4 Under no circumstance shall Contractor provide adequate assurance to the Owner that the
be entitled to receive interest on any payments or cause of such stoppage will be eliminated or
monies due Contractor by the Owner, whether the corrected, then the Owner may, without prejudice to
amount on which the interest may accrue is timely, any other rights or remedies the Owner may have
late, wrongfully withheld, or an assessment of against the Contractor, proceed to carry out the
damages of any kind. subject Work. In such a situation, an appropriate
Change Order shall be issued deducting from the
Contract Price the cost of correcting the subject
deficiencies, additional services and expenses
ARTICLE VI necessitated thereby, if any. If the unpaid portion of
the Contract Price is insufficient to cover the amount
THE OWNER due the Owner, the Contractor shall pay the
difference to the Owner.
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM OWNER
ARTICLE VII
6.1.1 The Owner shall furnish to the
Contractor, at the time of executing this Contract, THE CONTRACTOR
contact names and phone numbers of potentially
affected landowners whose property may or could be 7.1 The Contractor is again reminded of its
encroached upon in order to perform the stated scope continuing duty set forth in Subparagraph 1.5.7. The
of the contract, to the best of known information at Contractor shall perform no part of the Work at any
the time of execution of said contract. time without adequate Contract Documents or, as
appropriate, approved Shop Drawings, Product Data
6.1.2 Excluding permits and fees normally or Samples for such portion of the Work. If the
the responsibility of the Contractor, the Owner shall Contractor performs any of the Work knowing it
obtain all approvals, easements, and the like required involves a recognized error, inconsistency or
for construction and shall pay for necessary omission in the Contract Documents without such
assessments and charges required for construction, notice to the Owner's Designee, the Contractor shall
use or occupancy of permanent structures or for bear responsibility for such performance and shall
permanent changes in existing facilities. bear the cost of correction.
6.1.3 The Owner shall furnish the Contractor, 7.2 The Contractor shall perform the Work
free of charge, one copy of the Contract Documents strictly in accordance with this Contract.
for execution of the Work.
7.3 The Contractor shall supervise and
6.2 RIGHT TO STOP WORK direct the Work using the Contractor's best skill,
effort and attention. The Contractor shall be
6.2.1 If the Contractor persistently fails or responsible to the Owner for any and all acts or
refuses to perform the Work in accordance with this omissions of the Contractor, its employees and others
Contract, or if the best interests of the public health, engaged in the Work on behalf of the Contractor.
safety or welfare so require, the Owner may order the
Contractor to stop the Work, or any described portion 7.3.1 The Contractor shall give adequate
thereof, until the cause for stoppage has been attention to the faithful prosecution of the Work and
corrected, no longer exists, or the Owner orders that the timely completion of this Contract, with authority
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6
BID # TREE REMOVAL
to determine the manner and means of performing
such Work, so long as such methods insure timely
completion and proper performance. So long as the individuals named above remain
actively employed or retained by the Contractor, they
7.3.2 The Contractor shall exercise all shall perform the functions indicated next to their
appropriate means and measures to insure a safe and names unless the Owner agrees to the contrary in
secure jobsite in order to avoid and prevent injury, writing. In the event one or more individuals not
damage or loss to persons or property. listed above subsequently assume one or more of
those functions listed above, the Contractor shall be
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 ten (10) days of
this Contract will be competent to perform the tasks commencing the Work, shall submit to the Owner or
undertaken, that the product of such labor will yield Owner's designee 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 Owner's
Designee. Failure by the Contractor to strictly
7.5 The Contractor shall obtain and pay for comply with the provisions of this Paragraph 7.7
all permits, fees and licenses necessary and ordinary shall constitute a 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 one
applicable law pertaining to the Work. record copy of this Contract marked to record on a
current basis changes, selections and modifications
7.6 SUPERVISION made during construction. Upon final completion of
the Work, all of these record documents shall be
7.6.1 The Contractor shall employ and delivered to the Owner.
maintain at the Project site only competent
supervisory personnel. Absent written instruction 7.9 CLEANING THE SITE
from the Contractor to the contrary, the
superintendent shall be deemed the Contractor's AND THE PROJECT
authorized representative at the site and shall be
authorized to receive and accept any and all 7.9.1 The Contractor shall keep the site
communications from the Owner or the Owner's reasonably clean during performance of the Work.
Designee. Upon final completion of the Work, the Contractor
shall clean the site and the Project and remove all
7.6.2 Key supervisory personnel assigned by the waste, rubbish, temporary structures, and other
Contractor to this Project are as follows: materials together with all of the Contractor's
property therefrom. Contractor shall dispose of all
NAME FUNCTION refuse at a Texas Natural Resource Conservation
Commission approved landfill. The Contractor shall
further restore all property damaged during the
prosecution of the Work and shall leave the site in a
clean and presentable condition. No additional
payment shall be made by the Owner for this work,
the compensation having been considered and
included in the contract price.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7
BID # TREE REMOVAL
7.10 ACCESS TO WORK AND INSPECTIONS ADDITION, CONTRACTOR SHALL OBTAIN
AND FILE WITH OWNER CITY OF COPPELL A
7.10.1 The Owner and the Owner's designee STANDARD CERTIFICATE OF INSURANCE
shall have access to the Work at all times from AND APPLICABLE POLICY ENDORSEMENT
commencement of the Work through final EVIDENCING THE REQUIRED COVERAGE
completion. The Contractor shall take whatever steps AND NAMING THE OWNER CITY OF COPPELL
necessary to provide access when requested. When AS AN ADDITIONAL INSURED ON THE
reasonably requested by the Owner or the Owner's REQUIRED COVERAGE.
designee, the Contractor shall perform or cause to be
performed such testing as may be necessary or
appropriate to insure suitability of the jobsite or the 7.11.2 The Contractor will secure and maintain
Work's compliance with the Contract requirements. Contractual Liability insurance to cover this
indemnification agreement that will be primary and
7.11 INDEMNITY AND DISCLAIMER non - contributory as to any insurance maintained by
the Owner for its own benefit, including self -
7.11.1 OWNER SHALL NOT BE LIABLE insurance. In addition, Contractor shall obtain and
NOR RESPONSIBLE FOR, AND SHALL BE file with Owner City of Coppell a Standard
INDEMNIFIED, DEFENDED, HELD HARMLESS Certificate of Insurance and applicable policy
AND RELEASED BY CONTRACTOR FROM endorsement evidencing the required coverage and
AND AGAINST ANY AND ALL SUITS, naming the owner City of Coppell as an additional
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR insured on the required coverage.
LIABILITY OF ANY CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING ALL EXPENSES OF 7.11.3 In claims against any person or entity
LITIGATION, COURT COSTS, AND indemnified under this Paragraph 7.12 by an
ATTORNEY'S FEES FOR INJURY OR DEATH TO employee of the Contractor, a Subcontractor, anyone
ANY PERSON, OR INJURY OR LOSS TO ANY directly or indirectly employed by them or anyone for
PROPERTY, RECEIVED OR SUSTAINED BY whose acts they may be liable, the indemnification
ANY PERSON OR PERSONS, INCLUDING THE obligation under this Paragraph 7.12 shall not be
CONTRACTOR, OR PROPERTY, ARISING OUT limited by a limitation on amount or type of damages,
OF, OR OCCASIONED BY, DIRECTLY OR compensation or benefits payable by or for the
INDIRECTLY, THE PERFORMANCE OF Contractor or a Subcontractor under workers'
CONTRACTOR UNDER THIS AGREEMENT, compensation acts, disability benefit acts or other
INCLUDING CLAIMS AND DAMAGES ARISING employee benefit acts.
IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF OWNER, WITHOUT, 7.12 NONDISCRIMINATION
HOWEVER, WAIVING ANY GOVERNMENTAL
IMMUNITY AVAILABLE TO THE OWNER 7.12.1 The Contractor shall not discriminate in
UNDER TEXAS LAW AND WITHOUT WAIVING any way against any person, employee or job
ANY DEFENSES OF THE PARTIES UNDER applicant on the basis of race, color, creed, national
TEXAS LAW. THE PROVISIONS OF THIS original, religion, age, sex, or disability where
INDEMNI - FICATION ARE SOLELY FOR THE reasonable accommodations can be effected to enable
BENEFIT OF THE PARTIES HERETO AND NOT the person to perform the essential functions of the
INTENDED TO CREATE OR GRANT ANY job. The Contractor shall further insure that the
RIGHTS, CONTRACTUAL OR OTHERWISE, TO foregoing nondiscrimination requirement shall be
ANY OTHER PERSON OR ENTITY. IT IS THE made a part and requirement of each subcontract on
EXPRESSED INTENT OF THE PARTIES TO THIS this Project.
AGREEMENT THAT THE INDEMNITY
PROVIDED FOR IN THIS CONTRACT IS AN 7.13 PREVAILING WAGE RATES
INDEMNITY EXTENDED BY CONTRACTOR TO
INDEMNIFY AND PROTECT OWNER FROM 7.13.1 The Contractor shall comply in all
THE CONSEQUENCES OF THE respects with all requirements imposed by any laws,
CONTRACTOR'S AS WELL AS THE OWNER'S ordinances or resolutions applicable to the Project
NEGLIGENCE, WHETHER SUCH NEGLIGENCE with regard to the minimum prevailing wage rates for
IS THE SOLE OR PARTIAL CAUSE OF ANY all classes of employees, laborers, subcontractors,
SUCH INJURY, DEATH, OR DAMAGE. IN mechanics, workmen and persons furnishing labor
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8
BID # TREE REMOVAL
and services to the Project. The City of Coppell has traffic control devices adopted by the Texas
adopted a Prevailing Wage Rate Schedule, available Department of Transportation.
to the Contractor by request, which specifies the
classes and wage rates to be paid to all persons. The 7.16 PROTECTION OF UTILITIES
Contractor shall pay not less than the minimum wage
rates established thereby for each class, craft or type AND OTHER CONTRACTORS
of labor, workman, or mechanic employed in the
execution of this Contract. The failure of the 7.16.1 The Contractor shall use best efforts to
Contractor to comply with this requirement shall leave undisturbed and uninterrupted all utilities and
result in the forfeiture to the City of Coppell of a sum utility services provided to the jobsite or which
of not less than Sixty Dollars ($60.00) for each presently exists at, above or beneath the location
person per day, or portion thereof, that such person is where the Work is to be performed. In the event that
paid less than the prevailing rate. Upon request by any utility or utility service is disturbed or damaged
the Owner, Contractor shall make available for during the progress of the Work, the Contractor shall
inspection and copying its books and records, forthwith repair, remedy or restore the utility at
including but not limited to its payroll records, Contractor's sole expense.
account information and other documents as may be
required by the Owner to insure compliance with this 7.16.2 The Contractor understands and
provision. acknowledges that other contractors of the Owner or
of other entities may be present at the jobsite
7.14 JOB SITE SAFETY PRECAUTIONS performing other work unrelated to the Project. The
Contractor shall use best efforts to work around other
7.14.1 The Contractor shall at all times contractors without impeding the work of others
exercise reasonable precautions for the safety of its while still adhering to the completion date established
employees, laborers, subcontractors, mechanics, herein. In the event that the Contractor's work is or
workmen and others on and near the jobsite and shall may be delayed by any other person, the Contractor
comply with all laws, ordinances, regulations, and shall immediately give notice thereof to the Owner's
standards of federal, state and local safety laws and Designee and shall request a written Change Order in
regulations. The Contractor shall provide such accordance with the procedures set forth by this
machinery guards, safe walk -ways, ladders, bridges, Contract. The Contractor's failure to provide such
and other safety devices as may be necessary or notice and to request such Change Order shall
appropriate to insure a safe and secure jobsite and constitute a waiver of any and all claims associated
shall require its subcontractors to comply with this therewith.
requirement. The Contractor shall immediately
comply with any and all safety requirements imposed
by the Owner's Designee during the progress of the
Work. ARTICLE VIII
7.15 WARNING DEVICES AND BARRICADES CONTRACT ADMINISTRATION
7.15.1 The Contractor shall furnish and maintain 8.1 THE OWNER'S DESIGNEE
such warning devices, barricades, lights, signs,
pavement markings, and other devices as may be 8.1.1 When used in this Contract the term
necessary or appropriate or required by the Owner's "owner's designee" denotes a person to be designated
Designee to protect persons or property in, near or or redesignated by the Owner prior to or at any time
adjacent to the jobsite. No separate compensation during the Work hereunder. The owner's designee
shall be paid to the Contractor for such measures. may be an employee of the Owner or may be retained
Where the Work is being conducted in, upon or near by the Owner as an independent contractor but, in
streets, alleys, sidewalks, or other rights -of -way, the either event, the designee's duties and authority shall
Contractor shall insure the placement, maintenance be as set forth hereinafter. The Contractor
and operation of any and all such warning devices as understands and agrees that it shall abide by the
may be required by the City of Coppell and shall do decisions and instructions of the owner's designee.
so until no longer required by the City. Such devices All of the Owner's instructions to the Contractor may
shall be in compliance with and conform to the be through the owner's designee.
manual and specifications for the uniform system of
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9
BID # TREE REMOVAL
In the event the Owner should find it necessary or 8.3 CLAIMS BY THE CONTRACTOR
convenient to replace the designee, the Owner shall
retain a replacement and the status of the replacement 8.3.1 The Owner's Designee shall determine
shall be that of the former designee. all claims and matters in dispute between the
Contractor and Owner with regard to the execution,
8.2 CONTRACT ADMINISTRATION progress, or sufficiency of the Work or the
interpretation of the Contract Documents, including
8.2.1 The Owner's Designee, unless but not limited to the plans and specifications. Any
otherwise directed by the Owner in dispute shall be submitted in writing to the Owner's
writing, will perform those duties and Designee within seven (7) days of the event or
discharge those responsibilities occurrence or the first appearance of the condition
allocated to the designee as set forth in giving rise to the claim or dispute who shall render a
this Contract. The owner's designee written decision within a reasonable time thereafter.
shall be the Owner's representative from The Owner's Designee's decisions shall be final and
the effective date of this Contract until binding on the parties. In the event that either party
final payment has been made. objects to the Owner's Designee's determination as
8.2.2 The Owner's Designee shall be the to any submitted dispute, that party shall submit a
initial interpreter of the requirements of the drawings written objection to the Owner's Designee and the
and specifications and the judge of the performance opposing party within ten (10) days of receipt of the
thereunder by the Contractor. The Owner's Designee Owner's Designee's written determination in order to
shall render written or graphic interpretations preserve the objection. Failure to so object shall
necessary for the proper execution or progress of the constitute a waiver of the objection for all purposes.
Work with reasonable promptness on request of the
Contractor. 8.3.2 Pending fmal resolution of any claim of
the Contractor, the Contractor shall diligently
8.2.3 The Owner's Designee will review the proceed with performance of this Contract and the
Contractor's Applications for Payment and will Owner shall continue to make payments to the
certify to the Owner for payment to the Contractor, Contractor in accordance with this Contract.
those amounts then due the Contractor as provided in
this Contract. 8.3.3 CLAIMS FOR CONCEALED, LATENT OR
UNKNOWN CONDITIONS - The Contractor expressly
8.2.4 The Owner's Designee shall have represents that it has been provided with an adequate
authority to reject Work which is defective or does opportunity to inspect the Project site and thoroughly
not conform to the requirements of this Contract. If review the Contract Documents and plans and
the Owner's Designee deems it necessary or specifications prior to submission of its bid and the
advisable, the Owner's Designee shall have authority Owner's acceptance of the bid. Subject to the
• to require additional inspection of the Work for conditions hereof, Contractor assumes full
compliance with Contract requirements. responsibility and risk for any concealed, latent or
unknown condition which may affect the Work. No
8.2.5 The Owner's Designee will prepare claims for extra work or additional compensation
Change Orders and may authorize minor changes in shall be made by Contractor in connection with
the Work by Field Order as provided elsewhere concealed, latent or unknown conditions except as
herein. expressly provided herein. Should concealed, latent
or unknown conditions encountered in the
8.2.6 The Owner's Designee shall, upon performance of the Work (a) below the surface of the
written request from the Contractor, conduct ground or (b) in an existing structure be at variance
inspections to determine the date of final completion, with the conditions indicated by this Contract, or
and will issue a directive for Payment upon should unknown conditions of an unusual nature
compliance with the requirements of this Contract. differing materially from those ordinarily
encountered in the area and generally recognized as
8.2.7 The Owner's Designee's decisions in inherent in Work of the character provided for in this
matters relating to aesthetic effect shall be fmal if Contract, be encountered, the Contract Price shall be
consistent with the intent of this Contract. equitably adjusted by Change Order upon the written
notice and claim by either party made within seven
(7) days after the first observance of the condition.
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BID # TREE REMOVAL
As a condition precedent to the Owner having any may determine. Any notice and claim for an
liability to the Contractor for concealed or unknown extension of time by the Contractor shall be made not
conditions, the Contractor must give the Owner and more than seven (7) days after the occurrence of the
the Owner's Designee written notice of, and an event or the first appearance of the condition giving
opportunity to observe, the condition prior to rise to the claim and shall set forth in detail the
disturbing it. The failure by the Contractor to make Contractor's basis for requiring additional time in
the written notice and claim as provided in this which to complete the Project. In the event the delay
Subparagraph shall constitute a waiver by the to the Contractor is a continuing one, only one notice
Contractor of any claim arising out of or relating to and claim for additional time shall be necessary. If
such concealed, latent or unknown condition and the the Contractor fails to make such claim as required in
Contractor thereby assumes all risks and additional this Subparagraph, any claim for an extension of time
costs associated therewith. shall be waived. The procedures and remedies
provided by this provision shall be the sole remedy of
8.3.4 CLAIMS FOR ADDITIONAL COSTS — If the Contractor and Contractor shall not assert nor be
Contractor wishes to make a claim for an increase in entitled to any additional delays or damages
the Contract Price, as a condition precedent to any associated therewith.
liability of the Owner therefor, the Contractor shall
give the Owner's Designee written notice of such 8.4 FIELD ORDERS
claim within seven (7) days after the occurrence of
the event, or the first appearance of the condition, 8.4.1 The Owner's Designee shall have
giving rise to such claim. Such notice shall be given authority to order minor changes in the Work not
by the Contractor before proceeding to execute any involving a change in the Contract Price or in
additional or changed Work. The failure by the Contract Time and not inconsistent with the intent of
Contractor to give such notice and to give such notice the Contract. Such changes shall be effected by Field
prior to executing the Work shall constitute a waiver Order and shall be binding upon the Contractor. The
of any claim for additional compensation. Contractor shall carry out such Field Orders
promptly.
8.3.4.1 In connection with any claim by the
Contractor against the Owner for compensation in 8.5 MEDIATION
excess of the Contract Price, any liability of the
Owner for the Contractor's costs shall be strictly 8.5.1 In the event that a dispute arises under
limited to direct costs incurred by the Contractor and the terms of this Contract, following an adverse
shall in no event include indirect costs or determination by the Owner's Designee and proper
consequential damages of the Contractor. The preservation of the issue as required herein, the
Owner shall not be liable to the Contractor for claims parties agree to submit to mediation. In such event,
of third parties, including Subcontractors. The Owner the parties shall agree to a designated person to serve
shall not be liable to the Contractor for any claims as mediator and each party shall be responsible for
based upon delay to the Contractor for any reason payment of one -half of the total mediation fees. The
whatsoever including any act or neglect on the part of parties shall submit the dispute to mediation as soon
the Owner. as practical and in no event later than one (1) year
after the Owner's Designee's written decision on the
8.3.5 CLAIMS FOR ADDITIONAL TIME — If the matter. At least one designated representative of each
Contractor is delayed in progressing any task which party must attend and participate in good faith in an
at the time of the delay is then critical or which effort to resolve the matters in dispute.
during the delay becomes critical, as the sole result of
any act or neglect to act by the Owner or someone 8.5.2 In no event shall the foregoing
acting in the Owner's behalf, or by changes ordered provision justify or authorize any delay in the
in the Work, unusual delay in transportation, progress of the Work; the parties shall abide by the
unusually adverse weather conditions not reasonably decision of the Owner's Designee in accomplishing
anticipated, fire or any causes beyond the the timely completion of the Project.
Contractor's control, then the date for achieving
Substantial Completion of the Work shall be
extended upon the written notice and claim of the
Contractor to the Owner and the Owner's Designee,
for such reasonable time as the Owner's Designee
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BID # TREE REMOVAL
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 Owner's Designee, issued after execution of this
Contract, authorizing and directing a change in the
9.2.1 Upon execution of the Contract, the Work or an adjustment in the Contract Price or the
Contractor shall furnish the Owner, in writing, the Contract Time, or any combination thereof. The
names of persons or entities proposed by the Contract Price and the Contract Time may be
Contractor to act as a Subcontractor on the Project. changed only by written Change Order.
The Owner shall promptly reply to the Contractor, in
writing, stating any objections the Owner may have 10.3 CHANGES IN THE CONTRACT PRICE
to such proposed Subcontractor. The Contractor
shall not enter into a subcontract with a proposed 10.3.1 Any change in the Contract Price
Subcontractor with reference to whom the Owner has resulting from a Change Order shall be determined as
made timely objection. The Contractor shall not be follows: (a) by mutual agreement between the Owner
required to subcontract with any party to whom the and the Contractor as evidenced by (1) the change in
Contractor has objection. the Contract Price being set forth in the Change
Order, (2) such change in the Contract Price, together
9.2.2 All subcontracts shall afford the with any conditions or requirements related thereto,
Contractor rights against the Subcontractor which being initialed by both parties and (3) the
correspond to those rights afforded to the Owner Contractor's execution of the Change Order, or (b) if
against the Contractor herein, including those rights no mutual agreement occurs between the Owner and
afforded to the Owner by Subparagraph 12.2.1 the Contractor, then, as provided in Subparagraph
below. All subcontracts shall incorporate by 10.3.2 below.
reference the provisions hereof and shall provide that
no claims, causes or demands shall be made by any 10.3.2 If no mutual agreement occurs between
Subcontractor against the Owner. the Owner and the Contractor as contemplated in
Subparagraph 10.3.1 above, the change in the
9.2.3 The Contractor shall indemnify, defend Contract Price, if any, shall then be determined by the
and hold harmless the Owner from and against any Owner's Designee on the basis of the reasonable
and all claims, demands, causes of action, damage, expenditures or savings of those performing, deleting
and liability asserted or made against the Owner by or revising the Work attributable to the change,
or on behalf of any Subcontractor. including, in the case of an increase or decrease in the
Contract Price, a reasonable allowance for direct job
site overhead and profit. In such case, the Contractor
shall present, in such form and with such content as
ARTICLE X the Owner or the Owner's Designee requires, an
itemized accounting of such expenditures or savings,
CHANGES IN THE WORK plus appropriate supporting data for inclusion in a
Change Order. Reasonable expenditures or savings
10.1 CHANGES PERMITTED shall be limited to the following: reasonable costs of
materials, supplies, or equipment including delivery
10.1.1 Changes in the Work within the general costs, reasonable costs of labor, including social
scope of this Contract, consisting of additions, security, old age and unemployment insurance, fringe
benefits required by agreement or custom, and
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BID # TREE REMOVAL
workers' compensation insurance, reasonable rental with reference to all Change Orders if such notice,
costs of machinery and equipment exclusive of hand consent or approval is required by the Contractor's
tools 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 ARTICLE XI
Contract Price. Pending final determination of
reasonable expenditures or savings to the Owner, UNCOVERING AND CORRECTING WORK
payments on account shall be made to the Contractor
on the Owner's Designee's Certificate for Payment. 11.1 UNCOVERING WORK
10.3.3 If unit prices are provided in the 11.1.1 If any of the Work is covered contrary
Contract, and if the quantities contemplated are so to the Owner's Designee's request or to any
changed in a proposed Change Order that application provisions of this Contract, it shall, if required by the
of such unit prices to the quantities of Work proposed Owner's Designee or the Owner, be uncovered for
will cause substantial inequity to the Owner or to the the Owner's Designee's inspection and shall be
Contractor, the applicable unit prices shall be properly replaced at the Contractor's expense without
equitably adjusted. change in the Contract Time.
10.4 MINOR CHANGES 11.1.2 If any of the Work is covered in a
manner not inconsistent with Subparagraph 11.1.1
10.4.1 The Owner's Designee shall have above, it shall, if required by the Owner's Designee
authority to order minor changes in the Work not or Owner, be uncovered for the Owner's Designee's
involving a change in the Contract Price or an inspection. If such Work conforms strictly with this
extension of the Contract Time and not inconsistent Contract, costs of uncovering and proper replacement
with the intent of this Contract. Such minor changes shall by Change Order be charged to the Owner. If
shall be made by written Field Order, and shall be such Work does not strictly conform with this
binding upon the owner and the Contractor. The Contract, the Contractor shall pay the costs of
Contractor shall promptly carry out such written uncovering and proper replacement.
Field Orders.
11.2 CORRECTING WORK
10.5 EFFECT OF EXECUTED
11.2.1 The Contractor shall immediately
CHANGE ORDER proceed to correct Work rejected by the Owner's
Designee as defective or failing to conform to this
10.5.1 The execution of a Change Order by the Contract. The Contractor shall pay all costs and
Contractor shall constitute conclusive evidence of the expenses associated with correcting such rejected
Contractor's agreement to the ordered changes in the Work, including any additional testing and
Work, this Contract as thus amended, the Contract inspections, and reimbursement to the Owner for the
Price and the Contract Time. The Contractor, by Owner's Designee's services and expenses made
executing the Change Order, waives and forever necessary thereby.
releases any claim against the Owner for additional
time or compensation for matters relating to or 11.3 OWNER MAY ACCEPT DEFECTIVE
arising out of or resulting from the Work included
within or affected by the executed Change Order. OR NONCONFORMING WORK
10.6 NOTICE TO SURETY; CONSENT 11.3.1 If the Owner chooses to accept
defective or nonconforming Work, the Owner may
10.6.1 The Contractor shall notify and obtain do so. In such event, the Contract Price shall be
the consent and approval of the Contractor's surety
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13
BID # TREE REMOVAL
reduced by the greater of (a) the reasonable cost of Contract by the Contractor for convenience. The
removing and correcting the defective or Owner shall give written notice of such termination
nonconforming Work, and (b) the difference between to the Contractor specifying when termination
the fair market value of the Project as constructed and becomes effective.
the fair market value of the Project had it not been
constructed in such a manner as to include defective 12.2.1.2 The Contractor shall incur no further
or nonconforming Work. If the remaining portion of obligations in connection with the Work and the
the unpaid Contract Price, if any, is insufficient to Contractor shall stop Work when such termination
compensate the Owner for its acceptance of defective becomes effective. The Contractor shall also
or nonconforming Work, the Contractor shall, upon terminate outstanding orders and subcontracts. The
written demand from the Owner, pay the Owner such Contractor shall settle the liabilities and claims
remaining compensation for accepting defective or arising out of the termination of subcontracts and
nonconforming Work. orders. The Owner may direct the Contractor to
assign the Contractor's right, title and interest under
ARTICLE XII terminated orders or subcontracts to the Owner or its
designee.
CONTRACT TERMINATION
12.2.1.3 The Contractor shall transfer title and
12.1 TERMINATION BY THE CONTRACTOR deliver to the Owner such completed or partially
completed Work and materials, equipment, parts,
12.1.1 If the Work is stopped for a period of fixtures, information and Contract rights as the
ninety (90) days by an order of any court or other Contractor has.
public authority, or as a result of an act of the
Government, through no fault of the Contractor or 12.2.1.4 (a) The Contractor shall submit a
any person or entity working directly or indirectly for termination claim to the Owner and
the Contractor, the Contractor may, upon ten (10) the Owner's Designee specifying the
days' written notice to the Owner and the Owner's amounts due because of the
Designee, terminate performance under this Contract termination for convenience together
and recover from the Owner payment for the actual with costs, pricing or other data
reasonable expenditures of the Contractor (as limited required by the Owner's Designee. If
in Subparagraph 10.3.2 above) for all Work executed the Contractor fails to file a
and for materials, equipment, tools, construction termination claim within one (1) year
equipment and machinery actually purchased or from the effective date of termination,
rented solely for the Work, less any salvage value of the Owner shall pay the Contractor,
any such items. an amount derived in accordance with
subparagraph (c) below.
12.1.2 If the Owner shall persistently or
repeatedly fail to perform any material obligation to (b) The Owner and the Contractor may
the Contractor for a period of fifteen (15) days after agree to the compensation, if any, due
receiving written notice from the Contractor of its to the Contractor hereunder.
intent to terminate hereunder, the Contractor may
terminate performance under this Contract by written (c) Absent agreement to the amount due
notice to the Owner's Designee and the Owner. In to the Contractor, the Owner shall
such event, the Contractor shall be entitled to recover pay the Contractor the following
from the Owner as though the Owner had terminated amounts:
the Contractor's performance under this Contract for
convenience pursuant to Subparagraph 12.2.1 (i) Contract prices for labor, materials,
hereunder. equipment and other services
accepted under this Contract;
12.2 TERMINATION BY THE OWNER
(ii) Reasonable costs incurred in
12.2.1 FOR CONVENIENCE preparing to perform and in
performing the terminated portion of
12.2.1.1 The Owner may for any reason the Work, and in terminating the
whatsoever terminate performance under this Contractor's performance, plus a fair
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BID # TREE REMOVAL
and reasonable allowance for 12.2.2.2 If the unpaid balance of the Contract
overhead and profit thereon (such Price does not exceed the cost of finishing the work,
profit shall not include anticipated including compensation for the Owner's Designee's
profit or consequential damages), additional services and expenses made necessary
provided however, that if it appears thereby, such difference shall be paid by the
that the Contractor would have not Contractor to the Owner. This obligation for
profited or would have sustained a payment shall survive the termination of the
loss if the entire Contract would have Contract.
been completed, no profit shall be
allowed or included and the amount 12.2.2.3 In the event the employment of the
of compensation shall be reduced to Contractor is terminated by the Owner for cause
reflect the anticipated rate of loss, if pursuant to Subparagraph 12.2.2 and it is
any; subsequently determined by a Court of competent
jurisdiction that such termination was without cause,
(iii) Reasonable costs of settling and such termination shall thereupon be deemed a
paying claims arising out of the Termination for Convenience under Subparagraph
termination of subcontracts or orders 12.2.1 and the provisions of Subparagraph 12.2.1
pursuant to Subparagraph 12.2.1.2 of shall apply.
this Paragraph. These costs shall not
include amounts paid in accordance
with other provisions hereof. ARTICLE XIII
The total sum to be paid the Contractor under this INSURANCE
Subparagraph 12.2.1 shall not exceed the total
Contract Price, as properly adjusted, reduced by the 13.1 CONTRACTOR SHALL
amount of payments otherwise made, and shall in no MAINTAIN INSURANCE
event include duplication of payment.
13.1.1 The Contractor at his own expense shall
12.2.2 FOR CAUSE purchase, maintain and keep in force during the life
of this contract, adequate insurance that will protect
12.2.2.1 If the Contractor persistently or the Contractor and/or any Additional Insured from
repeatedly refuses or fails to prosecute the Work in a claims which may arise out of or result from
timely manner, abandons the jobsite and fails to operations under this contract. The insurance required
resume work within five (5) days of written notice shall provide adequate protections from all claims,
thereof by the Owner, fails to grant or allow access to whether such operations be by the Contractor or by
the jobsite by the Owner or Owner's Designee, fails any Additional Insured or by any Subcontractor or by
to supply enough properly skilled workers, anyone directly or indirectly employed by any of
supervisory personnel or proper equipment or them, or by anyone whose acts of any of them may
materials, fails to make prompt payment to be liable and from any special hazards, such as
Subcontractors or for materials or labor, persistently blasting, which may be encountered in the
disregards laws, ordinances, rules, regulations or performance of this contract in the amounts as shown
orders of any public authority having jurisdiction, or below in Paragraph 13.2.1.
otherwise is guilty of a violation of a material
provision of this Contract, then the Owner may by 13.1.2 The Contractor shall not commence
written notice to the Contractor, without prejudice to work on any Contract in the City of Coppell until the
any other right or remedy, terminate the employment Contractor has obtained all the insurance required
of the Contractor and take possession of the site and under this paragraph and such insurance has been
of all materials, equipment, tools, construction approved by the City.
equipment and machinery thereon owned by the
Contractor and may finish the Work by whatever
methods it may deem expedient. In such case, the
Contractor shall not be entitled to receive any further
payment until the Work is finished.
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BID # TREE REMOVAL
13.2 TYPES AND AMOUNTS OF mail to the Division of Purchasing, City of Coppell,
255 Parkway Blvd., Coppell, Texas, 75019.
CONTRACTOR'S INSURANCE
13.5 PREMIUMS AND ASSESSMENTS
13.2.1. The Contractor shall furnish and
maintain during the life of the contract adequate Companies issuing the insurance policies shall have
Worker's Compensation and Commercial General no recourse against the City for payment of any
Liability (Public) Insurance in such amounts as premiums or assessments for any deductibles which
follows: are at the sole responsibility and risk of the
Contractor.
Type of Insurance Amount
13.6 CERTIFICATE OF INSURANCE
Worker's Compensation as set forth in the Worker's
Compensation Act. Proof that the insurance is in force shall be furnished
to the City on City of Coppell Standard Certificate of
Commercial General $1,000,000 Each Insurance Forms. In the event any insurance policy
Accident/Occurrence. shown on the Certificate of Insurance has an
expiration date that is prior to the completion and
Liability (Public) $1,000,000 Aggregate final acceptance of the project by the City of Coppell,
$1,000,000 Products & the contractor shall furnish the City proof of identical
Completed Operations continued coverage no later than thirty(30) days prior
Aggregate. to the expiration date shown on the Certificate of
Insurance.
Owner's Protective $600,000 per occurrence 13.7 PRIMARY COVERAGE
Liability Insurance $1,000,000 aggregate
The coverage provided herein shall be primary and
Excess/Umbrella Liability $1,000,000 per occurrence noncontributory with any other insurance maintained
w /drop down coverage by the City of Coppell, Texas, for its benefit,
including self insurance.
Endorsement CG 2503 Amendment Aggregate 13.8 WORKER'S COMPENSATION
Limit of Insurance per INSURANCE COVERAGE
Project or Owner's and
Contractor's Protective 13.8.1 The Contractor shall:
Liability Insurance for the
Project. (1) provide coverage for its employees
providing services on a project, for the
Automobile Liability $500,000 Combined duration of the project based on proper
single limit per reporting of classification codes and
occurrence. payroll amounts and filing of any
coverage agreements;
13.3 ADDITIONAL INSURED (2) provide a certificate of coverage showing
The Owner shall be named as an additional insured workers' compensation coverage to the
on the Commercial General Liability (Public), governmental entity prior to beginning
Owner's Protective Liability, and Excess/Umbrella work on the project;
Liability Insurance Policies furnished by the
Contractor. (3) provide the governmental entity prior to
the end of the coverage period, a new
13.4 WRITTEN NOTIFICATION certificate of coverage showing extension
of coverage, if the coverage period shown
Each insurance policy shall contain a provision on the contractor's current certificate of
requiring that thirty (30) days prior to expiration, coverage ends during the duration of the
cancellation, non - renewal or any material change in project;
coverage, a notice there of shall be given by certified
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BID # TREE REMOVAL
(4) obtain from each person providing project must be covered by workers' compensation
services on a project, and provide to the insurance. This includes persons providing, hauling,
governmental entity: or delivering equipment or materials, or providing
labor or transportation or other service related to the
(A) a certificate of coverage, prior to that project, regardless of the identity of their employer or
person beginning work on the project, status as an employee."
so the governmental entity will have
on file certificates of coverage "Call the Texas Workers' Compensation Commission
showing coverage for all persons at 512- 440 -3789 to receive information on the legal
providing services on the project; and requirement for coverage, to verify whether your
(B) no later than seven days after receipt employer has provided the required coverage, or to
by the contractor, a new certificate of report an employer's failure to provide coverage."
coverage showing extension of
coverage, if the coverage period and
shown on the current certificate of
coverage ends during the duration of (8) contractually require each person with
the project; whom it contracts to provide services on a
project, to:
(5) retain all required certificates of coverage
on file for the duration of the project and (A) provide coverage based on proper
for one year thereafter; reporting of classification codes
and payroll amounts and filing of
(6) notify the governmental entity in writing any coverage agreements for all of
by certified mail or personal delivery, its employees providing services on
within 10 days after the contractor knew the project, for the duration of the
or should have known, of any change that project;
materially affects the provision of
coverage of any person providing services (B) provide a certificate of coverage to
on the project; the contractor prior to that person
beginning work on the project;
(7) post a notice on each project site
informing all persons providing services (C) include in all contracts to provide
on the project that they are required to be services on the project the language
covered, and stating how a person may in subsection (e)(3) of this rule;
verify current coverage and report failure
to provide coverage. This notice does not (D) provide the Contractor, prior to the
satisfy other posting requirements end of the coverage period, a new
imposed by the Act or other commission certificate of coverage showing
rules. This notice must be printed with a extension of coverage, if the
title in at least 30 point bold type and text coverage period shown on the
in at Least 19 point normal type, and shall current certificate of coverage ends
be in both English and Spanish and any during the duration of the project;
other language common to the worker
population. The text for the notices shall (E) obtain from each other person with
be the following text provided by the whom it contracts, and provide to
Texas Worker's Compensation Comm- the Contractor:
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
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BID # TREE REMOVAL
showing extension of the 14.3 SUCCESSORS AND ASSIGNS
coverage period, if the
coverage period shown on 14.3.1 The Owner and Contractor bind
the current certificate of themselves, their successors, assigns and legal
coverage ends during the representatives to the other party hereto and to
duration of the project; successors, assigns and legal representatives of such
other party in respect to covenants, agreements and
(F) retain all required certificates of obligations contained in this Contract. The
coverage on file for the duration of Contractor shall not assign this Contract without
the project and for one year written consent of the Owner.
thereafter;
14.4 SEVERABILITY
(G) notify the governmental entity in
writing by certified mail or 14.4.1 The provisions of this Contract are
personal delivery, within 10 days herein declared to be severable; in the event that any
after the person knew or should term, provision or part hereof is determined to be
have known, of any change that invalid, void or unenforceable, such determination
materially affects the provision of shall not affect the validity or enforceability of the
coverage of any person providing remaining terms, provisions and parts, and this
services on the project; and Contract shall be read as if the invalid, void or
unenforceable portion had not be included herein.
(H) contractually require each other
person with whom it contracts, to 14.5 AMENDMENTS
perform as required by sub-
paragraphs (A) - (H) of this 14.5.1 This Contract may be amended by the
paragraph, with the certificate of parties only by a written agreement duly executed by
coverage to be provided to the both parties. The failure of the Owner to object to
person for whom they are any nonperformance or nonconforming work or to
providing services. enforce any provision hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
ARTICLE XIV Contract, nor shall such failure to object or enforce
estop the Owner from insisting on strict compliance
MISCELLANEOUS with this Contract or from recovering damages, costs
or expenses arising as a result of such
14.1 LAWS AND ORDINANCES nonperformance or nonconforming work.
14.1.1 The Contractor shall at all times and in 14.6 NOTICES
all respects observe and comply with all federal, state
and local laws, ordinances, and regulations applicable 14.6.1 All notices required by this Contract
to the Project and Work. The Contractor shall further shall be presumed received when
insure that all Subcontractors observe and comply deposited in the mail properly addressed
with said laws, ordinances and regulations. to the other party or Owner's Designee
at the address set forth herein or set
14.2 GOVERNING LAW forth in a written designation of change
of address delivered to all parties and
14.2.1 The Contract shall be governed by the the Owner's Designee.
laws of the State of Texas. Venue for any causes of
action arising under the terms or provisions of this 14.6.2 Contact information for landowners,
Contract or the Work to be performed hereunder shall who may need to be contacted for
be in the courts of Dallas County, Texas. permission to enter landowners'
property to access work location, is
provided as a convenience and an aid to
the prosecution of the work herewith:
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18
•
BID # TREE REMOVAL
Site #1 — 933 Deforest Rd
Site #2 — 109 Natches Trace (behind Smart
Start School)
Site #3 — 363 & 364 N Denton Tap Rd (on
either side of the Denton Creek bridge)
Site #4 — 728 Castle Creek
Site #5 — 212 -216 Hollywood Drive
Site #6 — 1048 Creek Crossing
Water levels in these creeks /tributaries vary
due to rain events, the degree or size of tree
and/or the amount of debris to be removed
may not be apparent at the time of the initial
site visit.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
BID # TREE REMOVAL
EXECUTED in single or multiple originals, this day of , 200 .
CITY OF COPPELL CONTRACTOR:
APPROVED:
City Manager (Signature)
(Type /Print Name and Title)
(Street Address)
(City /State /Zip)
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20