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SW 12/13-CN130531
CITY OF COPPELL, TEXAS STANDARD FIXED PRICE AGREEMENT FOR THE CONSTRUCTION OF SIDEWALK REPAIR CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Company Information Phone Number: ,97a c3Z3 / Z4: Fax Number: R7,-;?- c 1'3 /0% 4 Contact Person: Qegg�2!� zaea CITY OF COPPELL • PUR�SING DEPARTME, NT • 255 PARKWAY BOULE YARD • COPPELL, TEXAS 75019 BID #Q- 0413 -03 SIDEWALK REPAIR BIDDERS PLEASE NOTE: ONE COPY OF THE FOLLOWING BID SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE (SPECIFICATIONS AND CONFLICT OF INTEREST FORM) TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMENT NO LATER THAN , THURSDAY, APRIL 25,2013, 11:00AM 4/25/13 11:00AM. CITY OF COPP>±LL • PURCHASING DFPARTb1ENT - 255 FARKWAX BOULEVARD • COPPELL, TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid FY 2013114 SPECIFICATIONS FOR SIDEWALK PAVEMENT REPAIRS 1. All repairs are to be saw cut full depth at locations determined in the field by the City of Coppell and are to be square or rectangular in shape. 2. Complete removal of all sidewalk sections within the repair area is to be accomplished leaving clean vertical sides. Damaged vertical sides will be re- sawed, removed and replaced at the contractor's expense. Limit of pay will only be to the original saw, line. Spoils from this activity and subgrade removal will be disposed of off -site at the contractor's expense. Note: When sidewalk repair includes curb and butter repair, the curb and gutter will be paid under the bid item for curb and gutter. Measurement will be per Standard Construction Detail Sheet 2120, i.e., curb and. 24" gutter. The remainder of the sidewalk repair outside the limits of the curb and gutter repair will be measured and paid under the price per square foot for sidewalk repair. Thickness of concrete for curb and gutter repairs will be the same as the thickness of the adjacent street. 3. Subgrade shall be removed to a depth of 1" below bottom of the existing sidewalk and compacted to 95% standard proctor density. Then, 1" of fine, washed sand, free from organic materials or clay shall be placed. In lieu of sand, 1" of Grade I flexible base may be used. If unstable material is encountered that has to be removed, then Grade I flexible base shall be placed and compacted to 95% standard proctor density to bring subgrade up to 1" below bottom of the existing sidewalk. 4. Vertical sides of repair area are to be doweled with #3 bars, epoxy embedded 6" into the sides at 12" centers. 5. Reinforcement steel shall be minimum #3 bar on 24" centers transversely and #3 bar on 18" centers longitudinally and shall be supported by bar chairs spaced adequately to support the weight of the concrete during placement. 6. Concrete shall be Type I cement Class 'A' concrete at a rate of 5 sacks per CX and a compressive strength of 3000 PSI at 28 days. Testing to be provided by contractor, at the sole expense of the contractor, through a City- approved laboratory. 7. Construction joints shall be per the City of Coppell Standard. Specifications. 8. A. Each worksite where either or both vehicular and pedestrian traffic will be impeded, a work zone will be set up in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices (TXMUTCD). Most work sites will require at minimum the intermediate work zone applications. Traffic cones are not good intermediate traffic control devices. For specifics refer to the on -line version of the TMUTCD available on the Texas Department of Transportation's website ( htip : / /www.txdot.gov /goveniment/ enforcement /signa2ee /tmutLA,html ). Page I of S CITY O# COPPELL - 255 PARKWAY BOULEVARD + COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid FY 2013/14 B. A specific traffic control plan that is consistent with the TMUTCD is to be submitted for review to the Project Engineer /Construction Inspector for any job sites that may require an encroachment into the roadway overnight. Daily daytime work zones that are withdrawn out of the roadway overnight do not require a plan to be submitted but will need to be consistent with the TXMUTCD. Vertical panels used for barricading in the gutter line, where a curb has been removed, do not constitute encroachment by definition as it applies to this contract. Implementation of the traffic control plan and all traffic control devices necessary for a safe work environment shall be provided at the sole expense of the contractor. No portion of a street will be allowed for complete closure without a review by the City of Coppell. Traffic control devices shall be maintained at all times during construction. C. Spoils will not be permitted to be left in the roadway overnight or unattended during the work process. Spoils such as removed concrete panels pose a significant hazard to pedestrians and motorists and therefore must be barricaded with diligence. 9. The Bid Form includes Bid Items for ADA. accessible ramps, lead walk steps, adjustment of water meters and valve boxes and adjustment of manholes and clean -outs. The Quantity established for those items is by estimation only. The actual quantity, if any, will be established in the field and mutually agreed upon between the Contractor and the City Inspector assigned to the project. No payment will be made under these Items unless the Inspector has approved the work in advance. All work under the Items will be in accordance with the City of Coppell Construction Details. 10. A 24 -month maintenance bond at 50% of total value, on a form provided by the City, will be provided by the successful bidder. 11. Reference the City of Coppell Standard Construction Details and Subdivision Ordinance for further clarification: www coppelltx aov /DeDartments/En ing_ Bering/ 2006StandardConstructionDetails www co)pelltX.Lyov/Det)artments/ Engineering /SubdivisionOrdinanee 12. It is the contractor's responsibility to identify, locate and protect areas with existing irrigation systems. All irrigation systems damaged will be repaired to as good or better condition, and to the satisfaction of the property owner at the contractor's sole expense within 72 hours of notification of damage. 13. It is the contractor's responsibility to obtain utility locates. Any damage to existing utilities will be the sole financial responsibility of the contractor. 14. Contractor will be responsible for backfrlling with suitable material behind the sidewalk and sodding the disturbed area with like turf. 15. It will be the responsibility of the contractor to provide written notification to affected residents in the vicinity of the repair area prior to beginning the work. Information to be included will be the beginning and end dates of project, road closure information (if Page 2 of 8 CITY OIL COPPELL * 255 PARKWAY BOULEVARD * COPPELL,TLXAS 75019 SIDEWALK PAVEMENT REPMM Bid FY 2013/14 applicable) and contact number(s). A draft copy of the notice will be submitted, reviewed and approved by the Project Engineer and City inspector prior to its distribution to residents. 16. Once work in an area has commenced, it shall be completed and restored within 10 days. 17. Verbal response to citizen complaints must be made within 24 hours; issues must be rectified within 48 -72 hours if the complaint is found to be valid. 18. All items necessary to complete the work are subsidiary to the price bid, including but not limited to: traffic control plan, repair of irrigation systems, sodding, resetting existing signs, etc. 19. Work shall progress fiom oldest repair to newer repairs based on the date associated with the location. 20. All the work contained in this contract lies within the city limits of the City of Coppell, Texas and shall be constructed according to the City of Coppell approved construction standards and specifications and the Standard Specifications for Public Works Construction, Third Addition and any amendments as adopted by the North Central Texas Council of Governments. 21. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE The City of Coppell is the contracting agency for this construction project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in contracts that are bid. Vernon's Texas Civil Statutes -Article 5159a: "Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rate to be maintained." Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following rates of wages are paid to various classifications of workers in the locality of this project: CONCRETE FINISHER (Paving and Structures ) ......................$ 14.12 FORM BUILDER /FORM SETTER Paving & Curb ...............$ 13.16 Structures ..................$ 13.84 LABORER Asphalt Raker ...............$ 12.69 Flagger .......... ...........$ 10.06 Laborer, Common .............$ 10.72 Laborer, Utility ............ $ 12.32 Pipelayer ...................$ 13.24 Work Zone Barricade Servicer ....................$ 11.68 Page 3 of 8 CITY OF COPPELL 4 255 PARKWAY BOULEVARD 1! COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid FY 2013/14 POWER EQUIPMENT OPERATOR: Asphalt Distributor ......... $ 15.32 Asphalt Paving Machine ...... $ 13.99 Broom or Sweeper ............ $ 11.74 Concrete Pavement Finishing Machine ........... $ 16.05 Concrete Saw ................$ 14.48 Crane Operator, Lattice Boom 80 Tons or Less ........$ 17.27 Crane Operator, Lattice Boom over 80 Tons ........ ,..$ 20.52 Crane, Hydraulic 8.0 Tons or Less .............. .....$ 18.12 Crawler Tractor .............$ 14.07 Excavator, 50,000 pounds or less .....................$ 17.19 Excavator, over 50,000 pounds ......................$ 16.99 Foundation Drill , Truck Mounted .....................$ 21.07 Foundation Drill, Crawler Mounted .....................$ 17.99 Front End Loader 3 CY or Less.... ................. .$ 13.69 Front End Loader, over 3 CY.$ 14.72 Loader /Backhoe ..............$ 15.18 Mechanic ....................$ 17.68 Milling.Machine .............$ 14.32 Motor Grader, Fine Grade .... $ 17.3.9 Motor Grader, Rough ......... $ 16.02 Pavement Marking Machine .... $ 13.63 Reclaimer /Pulverizer ........ $.11.01 Roller, Asphalt .............$ 13.08 Roller, Other ...............$ 11.51 Scraper........... .........$ 12.96 Small Slipform Machine ...... $ 15.96 Spreader Box ................$ 14.73 Servicer .........................$ 14.58 Steel Worker (Reinforcing) ....... $ 16.18 TRUCK DRIVER Lowboy-Float ................ $ 16.24 Off Road Hauler .............$ 12.25 Single Axle .................$ 12.31 Single or Tandem Axle Dump Truck.... , > .................$ 12,62 Tandem Axle Tractor with Semi Trailer. ...............$ 12.86 Transit - Mix .................$ 14.14 WELDER .....................,.,...$ 14,84 Page 4 of 8 CITY OF COPPELL * 255 PARKWAY 130 LEVARD * COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid FY 2013/14 Not less than the following hourly rates shall be paid for the various classifications of work required by this project, Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. The hourly rate for legal holiday and overtime work shall be not less than one and one -half (1 & 1/2) times the base hourly rate. The rates specified are journeyman rates. Apprentices may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate not less than 60% of the journeyman's wage as shown, At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. Page 5 of 8 CITY OF COPPELL + 255 PARKWAY BOULEVARD * COPPELL,TEKAS 75019 SIDEWALK PAVEMENT REPAH6 Bid FY 2013/14 BID SUMMARY Items Description Approx. Bid Price Linear Per LF Square Per SF Total Feet Varies by All Remove and replace 27,000 SF Quadrants Sidewalk failures as Construction Detail .Sheet 2120 listed. TOTALS 27,000 SF $ &5- L / Items Description Approx. Bid Price Linear Per LF Total Feet Curb Remove and replace Varies by Curb failures as listed. site Measuredper Standard conditions Construction Detail .Sheet 2120 TOTALS LF $ Items Description EA Bid Price Min. Per EA Total ADA Install ADA Accessible Ramps fps per City of Coppell 2 Standards. TOTALS $ 00 50- $ %Jr©© -1 Page 5 of 8 CITY OF CQ i ELL 25S PARKWAY BOULEVARD * CQPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid FY 2013114 Items Description EA. Bid Price Per EA Total Steps p Mall Lead Walk Steps Varies b y per City of Coppell Site Standards. conditions TOTALS $ $ Items Description EA Bid Price Per EA Total Adjust Adjust water meter cans Vanes by & irrigation valve boxes. site conditions TOTALS TOTALS $ Items Description EA Bid Price Per EA Total Adjust Adjust manholes and Varies by cleanouts. site conditions TOTALS * Notes All work must be completed by September 30, 2013, Cornmunications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). The terms used in this Bid which are defined in the. General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Page 7 of 8 CITY OF COPPELL * 255 PARKWAY BOULEVARD * COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid FY 2013/14 The City of Coppell reserves the right to delete any portion of this project or adjust quantities as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will he adjusted accordingly. Submitted on: /,3 Date Submitted by (Company): L. Name Company Representative:._ Signature Page 8 of 8 CTTY QE(PPELL * 255 PARKWAY BOULEVARD * COPPELL,TEXAS 75019 CONFLICT OF INTEREST QUESTIONNAIRE FORM, COQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Data Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 7 Name. of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. 'i 4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. !v Adopted 11/0212005 CITY OF COPPELL - PURCHASING DEPARTMENT • 255 PARKWA �' BOULEVARD • COPPELL, TEXAS 75019 CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity Name of local government officer with whom filer has affiliation or business relationship. section only if the answer to A, B, or C is YES. FORM CIQ this This section, item 5 including subparts A, B. C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer amed in this section receiving or likely to receive taxable income from the filer of the questionnaire? 0 Yes ff No B. Is the filer o he questionnaire receiving or likely to receive taxable income from or at the direction of the local governm9fit officer named in this section AND the taxable income is not from the local governmental entity? Yes OF No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the lovernment officer serves as an officer or director, or holds an ownership of 10 percent or more? t:? Yes No D. Describe each affiliation or business relationship, N�- sign re of person doi business with the governmental entity �a e CITY OF COPFELL • X *CHASING DF,I'ARTAtENT • 295 PARKWAY BOULEVARD COPPELL, TEXAS 75019 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A -310 KNOW ALL MEN BY THESE PRESENTS, That we, 3D Pavin2 and ContractinE, LLC as Principal hereinafter called the Principal, and American Safety Casualty Insurance Company a corporation created and existing under the laws of the State of Oklahoma whose principal office is in Atlanta, GA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Coppell as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($5% GAB) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for Sidewalk Repairs NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 25th day of April, 2013 3D Paving and Contracting, LLC Princ' al) By (SEAL) American Safety Casualty Insurance Company (Surety) By (SEAL) Jay Jordan J Attorney -in -fact A'i�r�oiMsefsrirli��wr�li� POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that American Safety Casually Insurance Company has made, constituted and appointed, and by the presents does make; constitute and appoints Richard W. balker, Tony Fierro, Jay Jordan, Johnny Moss, Mistie Beck, Jade Porter, Jeremy Barnett, Robert J. Shuya of El Paso, TX & Rockwall, TX Its true and lawful attomey -In-fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking at contracts of suretyship to be given to ALL OBLIGE5S provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ** *FIVE MILLION "($5,000,000.00) DOLLARS * ** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board Directors of the Company of the 25th day of April, 2012. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -In- fact or agents with authority i defined or limited In the instrument evidencing the appointment In each case, for and on behalf of the Company, to execute and deliver and affix the se of the Company to bands, undertakings, recognizances,and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fa or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company, (t) whe signed by the President or any Vice- President and attested and seated (if a seal Is required) by any Secretary or Assistant Secretary or (it) when sign( by-ttie President or any Vice - President or Secretary or Assistant Secretary, and counter - signed and sealed (if a seal Is required) by a duly authorizf attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal is required) by one or more attorney -in -fact or agents pursuant to and within 11 limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney` certification thereof authorizing the execution and delivery of tiny bond, undertaking, recognizance, or other suretyship obligations of the Company; at such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty insurance Company has caused Its` official seal to be hereunto affixed, and these presents to It signed by Its President and attested by Its Secretary this 25th day of April, 2012. On this 25th day of April, 2012, before me personally carne Joseph D. Scollo, Jr., to me known, who, being by me duly sworn, did depose and say th he Is the President of American Safely Casualty Insurance Company; the corporation described in and which executed the above instrument; that I knows the seal of the said corporation; that the seal affixed to the said Instrument is such corporate seal; that is was so affixed by order of the Board Directors of said corporation and that he signed his name thereto by like order. u VEr: 2016 5 3�bj�.PBgJ a Benson Lee'Jeffress, Notary Public ' ry „�pnmrNRo��P I, the undersigned. Secretary of American Safety Casually Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoir and attached Power of Attorney remains In full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth the said Power of Attorney, Is now in force. }� Q Signed and sealed in the City of Atlanta, in the State of Georgia �` Dated this �3t 'ay of / o 2-0 i Ambuj Jain ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS ` DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL BID #Q- 0413 -03 City of Coppell, Texas SIDEWALK REPAIR This Agreement is made by and between the City of Coppell, Texas, a home -rule municipality (hereinafter referred to as the "Owner ") and 3D Paving & Construction (hereinafter referred to as the "Contractor ") for construction of (hereinafter referred to as the "Project "), the Owner and the Contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND, THE CONTRACT DOCUMENTS 1.1 THE CONTRACT 1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it. 1.2. THE CONTRACT DOCUMENTS 1.2.1 The Contract Documents consist of this Agreement, the Invitation to Bid, Requirements and Instructions to Bidders, the Specifications, the Drawings, the Project Manual, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form part of this Contract. 1.3 ENTIRE AGREEMENT 1.3.1 This Contract, together with the Contractor's performance and payment bonds for the Project, all General Conditions, Special Conditions, Plans and Specifications, and Addenda attached thereto, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor not expressly made a part hereof. 1.4 NO PRIVITY WITH OTHERS 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.5 INTENT AND INTERPRETATION 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include ", "includes ", or "Including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation ". 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non - specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 BID #Q- 0413 -03 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings, the Product Data, and any Plans and Specifications, and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes any and all responsibility for inadequacies or ambiguities in the plans, drawings or specifications as well as for latent conditions of the site where the work is to be performed. 1.5.8 As between numbers and scaled measurements on the Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in SIDEWALK REPAIR establishing the extent or scope of the Work to be performed by Subcontractors. 1.6 OWNERSHIP OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Owner's prior written authorization. ARTICLE 11 THE WORK 2.1 The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract. 2.2 WORK 2.2.1 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance, and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: 222 The Contractor shall be responsible for paying for and procuring all materials and labor and furnishing all services necessary or appropriate for CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3 BID #Q- 0413 -03 the full performance of the Work and the for the full completion of the Project. All materials shall be new and materials and workmanship shall be of good quality. Upon request, the Contractor shall furnish satisfactory proof of the type, kind, and quality of materials. ARTICLE III CONTRACT TIME 3.1 TIME AND LIQUIDATED DAMAGES 3.1.1 The Contractor shall commence the Work within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of the Work no later than September 30, 2013. The parties acknowledge that time is of the essence in the performance of the terms of this Contract. The term "calendar days" shall mean any and all days of the week or month, no days being excepted. "Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." It is contemplated by the parties that the progress of the Work may be delayed by certain conditions beyond the control of the parties; these delays have been contemplated by the parties and considered in the time allotted for performance specified herein and includes, but is not limited to delays occasioned on account of adverse weather, temporary unavailability of materials, shipment delays, and the presence and potential interference of other contractors who may be performing work at the Project site unrelated to this agreement. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the "Contract Time ". 3.1.2 The Contractor shall pay the Owner the sum of $_240 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages SIDEWALK REPAIR representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. if and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 3.1.3 In the event that the Contractor achieves certification of substantial completion prior to the scheduled completion date, the Owner shall pay to the Contractor the sum of $_240_ per day for each calendar day that substantial completion is certified in advance of the scheduled completion date. 3.1.4 No claim shall be made by the Contractor to the Owner, and no damages, costs or extra compensation shall be allowed or paid by the Owner to the Contractor for any delay or hindrance from any cause in the progress or completion of the Work or this Contract. The Contractor's sole remedy in the event of any delay or hindrance shall be to request time extensions by written change orders as provided for hereinafter. Should the Contractor be delayed by an act of the Owner, or should the Owner order a stoppage of the Work for sufficient cause, an extension of time shall be granted by the Owner by written authorization upon written application, which extension shall not be unreasonably denied, to compensate for the delay. 3.1.5 The Owner shall have the authority to suspend the Work wholly or in part for such period or periods of time as it may deem appropriate due to unsuitable conditions considered unfavorable for the proper prosecution of the Work or for the failure of the Contractor to carry out instructions from the Owner or Owner's representative. During any period in which the Work is stopped or during which any of the Work is not actively in progress for any reason, Contractor shall properly protect the site and the Work from damage, loss or harm. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4 BID #Q- 0413 -03 3.2 SUBSTANTIAL COMPLETION 3.2.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Owner can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose, even though minor miscellaneous work and /or adjustment may be required. 3.3 TIME IS OF THE ESSENCE 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. ARTICLE IV CONTRACT PRICE 4.1 THE CONTRACT PRICE 4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of $127,050.00. The sum set forth in this Paragraph 4.1 shall constitute the Contract Price which shall not be modified except by written Change Order as provided in this Contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 SCHEDULE OF VALUES 5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the Owner and to the Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Architect or the Owner may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis for SIDEWALK REPAIR the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged and accepted in writing by the Architect and the Owner. 5.2 PAYMENT PROCEDURE 5.2.1 The Owner shall pay the Contract Price to the Contractor as provided below. 5.2.2 PROGRESS PAYMENTS - Based upon the Contractor's Applications for Payment submitted to the 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. 5.2.3 On or before the 25th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 15th day of the month to the Architect in such form and manner, and with such supporting data and content, as the Owner or the Architect may require. Therein, the Contractor may request payment for ninety percent (90 %) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work, less the total amount of previous payments received from the Owner. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Architect will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Architect shall determine and certify to the Owner the amount properly owing to the Contractor. The Owner shall make partial payments on account of the Contract Price to the Contractor within thirty (30) days following the Architect's receipt and approval of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Architect less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by this CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5 BID #Q- 0413 -03 Contract. The Architect's certification of the Contractor's Application for Payment shall not preclude the Owner from the exercise of any of its rights as set forth in Paragraph 5.3 hereinbelow. 5.2.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the Contractor or any other person or entity whatsoever. 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. In the event the Owner becomes informed that the Contractor has not paid a Subcontractor as herein provided, the Owner shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure in the future. 5.2.6 No progress payment, nor any use or occupancy of the Project by the owner, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 5.3 WITHHELD PAYMENT 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor; (b) claims of third parties against the Owner or the Owner's property; SIDEWALK REPAIR (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price, (e) evidence that the Work will not be completed in the time required for substantial or final completion; (t) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand. The Owner shall have no duty to third parties to withhold payment to the Contractor and shall incur no liability for a failure to withhold funds. 5.4 UNEXCUSED FAILURE TO PAY 5.4.1 If within fifteen (15) days after the date established herein for payment to the Contractor by the Owner, the Owner, without cause or basis hereunder, fails to pay the Contractor any amount then due and payable to the Contractor, then the Contractor may after ten (10) additional days' written notice to the Owner and the Architect, and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the Owner have been received. Late payments shall not accrue interest or other late charges. 5.5 SUBSTANTIAL COMPLETION 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall submit to the Architect a list of items to be completed or corrected. When the Architect on the basis of an inspection determines that the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6 BID #Q- 0413 -03 Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Upon Substantial Completion of the Work, and execution by both the Owner and the Contractor of the Certificate of Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100 %) of the Contract Price less three hundred percent (300 %) of the reasonable cost as determined by the Owner and the Architect for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling all unsettled claims. 5.6 COMPLETION AND FINAL PAYMENT 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld . pursuant to this Contract. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefor by the Architect in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum set forth hereinabove as liquidated damages per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages SIDEWALK REPAIR representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days of the Architect's execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7 BID #Q- 0413 -03 ARTICLE VI THE OWNER 6.1 INFORMATION, SERVICES AND THINGS REQUIRED FROM OWNER 6.1.1 The Owner shall furnish to the Contractor, at the time of executing this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The Owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the Project site. 6.1.2 Excluding permits and fees normally the responsibility of the Contractor, the Owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The Owner shall furnish the Contractor, free of charge, one copy of the Contract Documents for execution of the Work. 6.2 RIGHT TO STOP WORK 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, or if the best interests of the public health, safety or welfare so require, the Owner may order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that Work be resumed. In such event, the Contractor shall immediately obey such order. 6.3 OWNER'S RIGHT TO PERFORM WORK 6.3.1 If the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the Owner that the SIDEWALK REPAIR cause of such stoppage will be eliminated or corrected, then the Owner may, without prejudice to any other rights or remedies the Owner may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is insufficient to cover the amount due the Owner, the Contractor shall pay the difference to the Owner. ARTICLE VII THE CONTRACTOR 7.1 The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The Contractor shall perform the Work strictly in accordance with this Contract. 7.3 The Contractor shall supervise and direct the Work using the Contractor's best skill, effort and attention. The Contractor shall be responsible to the Owner for any and all acts or omissions of the Contractor, its employees and others engaged in the Work on behalf of the Contractor. 7.3.1 The Contractor shall give adequate attention to the faithful prosecution of the Work and the timely completion of this Contract, with authority to determine the manner and means of performing such Work, so long as such methods insure timely completion and proper performance. 7.3.2 The Contractor shall exercise all appropriate means and measures to insure a safe and secure jobsite in order to avoid and prevent injury, damage or loss to persons or property. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8 BID #Q- 0413 -03 7.4 WARRANTY 7.4.1 The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first -class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 7.5 The Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary for the Work. The Contractor shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required. by applicable law pertaining to the Work. 7.6 SUPERVISION 7.6.1 The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the Owner or the Architect. 7.6.2 Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assume one or more of those functions listed above, the Contractor shall be SIDEWALK REPAIR bound by the provisions of this Subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The Contractor, within fifteen (15) days of commencing the Work, shall submit to the Owner and the Architect for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished to the Owner and the Architect. Failure by the Contractor to strictly comply with the provisions of this Paragraph 7.7 shall constitute a material breach of this Contract. 7.8 The Contractor shall continuously maintain at the site, for the benefit of the owner and the Architect, one record copy of this Contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the Owner and Architect the approved Shop Drawings, Product Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the Owner. 7.9 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 7.9.1 Shop Drawings, Product Data, Samples and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.9.2 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data or Samples unless and until such submittal shall have been approved by the Architect. Approval by the Architect, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9 BID #Q- 0413 -03 7.10 CLEANING THE SITE AND THE PROJECT 7.10.1 The Contractor shall keep the site reasonably clean during performance of the Work. Upon final completion of the Work, the Contractor shall clean the site and the Project and remove all waste, rubbish, temporary structures, and other materials together with all of the Contractor's property therefrom. Contractor shall dispose of all 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. 7.11 ACCESS TO WORK AND INSPECTIONS 7.11.1 The Owner and the Architect shall have access to the Work at all times from commencement of the Work through final completion. The Contractor shall take whatever steps necessary to provide access when requested. When reasonably requested by the Owner or the Architect, the Contractor shall perform or cause to be performed such testing as may be necessary or appropriate to insure suitability of the jobsite or the Work's compliance with the Contract requirements. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." 7.12 INDEMNITY AND DISCLAIMER 7.12.1 OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, DEFENDED, HELD HARMLESS AND RELEASED BY CONTRACTOR FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE CONTRACTOR, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF SIDEWALK REPAIR CONTRACTOR UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER, WITHOUT, HOWEVER, WAIVING ANY GOVERN- MENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNI - FICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF THE CONTRACTOR'S AS WELL AS THE OWNER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE. 7.12.2 The Contractor will secure. and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non - contributory as to any insurance maintained by the Owner for its own benefit, including self - insurance. In addition, Contractor shall obtain and file with Owner City of Coppell a Standard Certificate of Insurance and applicable policy endorsement evidencing the required coverage and naming the Owner City of Coppell as an additional insured on the required coverage. 7.12.3 In claims against any person or entity indemnified under this Paragraph 7.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10 BID #Q- 0413 -03 Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.13 NONDISCRIMINATION 7.13.1 The Contractor shall not discriminate in any way against any person, employee or job applicant on the basis of race, color, creed, national original, religion, age, sex, or disability where reasonable accommodations can be effected to enable the person to perform the essential functions of the job. The Contractor shall further insure that the foregoing nondiscrimination requirement shall be made a part and requirement of each subcontract on this Project. 7.14 PREVAILING WAGE RATES 7.14.1 The Contractor shall comply in all respects with all requirements imposed by any laws, ordinances or resolutions applicable to the Project with regard to the minimum prevailing wage rates for all classes of employees, laborers, subcontractors, mechanics, workmen and persons furnishing labor and services to the Project. The City of Coppell has adopted a Prevailing Wage Rate Schedule, available to the Contractor by request, which specifies the classes and wage rates to be paid to all persons. The Contractor shall pay not less than the minimum wage rates established thereby for each class, craft or type of labor, workman, or mechanic employed in the execution of this Contract. The failure of the Contractor to comply with this requirement shall result in the forfeiture to the City of Coppell of a sum of not less than Sixty Dollars ($60.00) for each person per day, or portion thereof, that such person is paid less than the prevailing rate. Upon request by the Owner, Contractor shall make available for inspection and copying its books and records, including but not limited to its payroll records, account information and other documents as may be required by the Owner to insure compliance with this provision. 7.15 JOB SITE SAFETY PRECAUTIONS 7.15.1 The Contractor shall at all times exercise reasonable precautions for the safety of its employees, laborers, subcontractors, mechanics, workmen and others on and near the jobsite and shall comply with all laws, ordinances, regulations, and standards of federal, state and local safety laws and regulations. The Contractor shall provide such SIDEWALK REPAIR machinery guards, safe walk -ways, ladders, bridges, and other safety devices as may be necessary or appropriate to insure a safe and secure jobsite and shall require its subcontractors to comply with this requirement. The Contractor shall immediately comply with any and all safety requirements imposed by the Architect during the progress of the Work. 7.16 WARNING DEVICES AND BARRICADES 7.16.1 The Contractor shall furnish and maintain such warning devices, barricades, lights, signs, pavement markings, and other devices as may be necessary or appropriate or required by the Architect to protect persons or property in, near or adjacent to the jobsite, including . No separate compensation shall be paid to the Contractor for such measures. Where the Work is being conducted in, upon or near streets, alleys, sidewalks, or other rights -of -way, the Contractor shall insure the placement, maintenance and operation of any and all such warning devices as may be required by the City of Coppell and shall do so until no longer required by the City. Such devices shall be in compliance with and conform to the manual and specifications for the uniform system of traffic control devices adopted by the Texas Department of Transportation. 7.17 PROTECTION OF UTILITIES AND OTHER CONTRACTORS 7.17.1 The Contractor shall use best efforts to leave undisturbed and uninterrupted all utilities and utility services provided to the jobsite or which presently exists at, above or beneath the location where the Work is to be performed. In the event that any utility or utility service is disturbed or damaged during the progress of the Work, the Contractor shall forthwith repair, remedy or restore the utility at Contractor's sole expense. 7.17.2 The Contractor understands and acknowledges that other contractors of the Owner or of other entities may be present at the jobsite performing other work unrelated to the Project. The Contractor shall use best efforts to work around other contractors without impeding the work of others while still adhering to the completion date established herein. In the event that the Contractor's work is or may be delayed by any other person, the Contractor shall immediately give notice thereof to the Architect and shall request a written Change Order in accordance with the procedures set forth by this CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11 BID #Q- 0413 -03 Contract, The Contractor's failure to provide such notice and to request such Change Order shall constitute a waiver of any and all claims associated therewith. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 THE ARCHITECT 8.1.1 When used in this Contract the term "Architect" does not necessarily denote a duly licensed, trained or certified architect; as used herein, the term shall be used interchangeably and shall mean a designated Architect, Engineer, or Contract Administrator (who may not be an architect or engineer) for the Owner, said person to be designated or redesignated by the Owner prior to or at any time during the Work hereunder. The Architect may be an employee of the Owner or may be retained by the Owner as an independent contractor but, in either event, the Architect's duties and authority shall be as set forth hereinafter. The Contractor understands and agrees that it shall abide by the decisions and instructions of the Architect notwithstanding the contractual relationship between the Owner and Architect. All of the Owner's instructions to the Contractor shall be through the Architect. In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement Architect and the status of the replacement Architect shall be that of the former Architect. 8.2 ARCHITECT'S ADMINISTRATION 8.2.1 The Architect, unless otherwise directed by the Owner in writing, will perform those duties and discharge those responsibilities allocated to the Architect as set forth in this Contract. The Architect shall be the Owner's representative from the effective date of this Contract until final payment has been made. 8.2.2 The Owner and the Contractor shall communicate with each other in the first instance through the Architect. 8.2.3 The Architect shall be the initial interpreter of the requirements of the drawings and SIDEWALK REPAIR specifications and the judge of the performance thereunder by the Contractor. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor. 8.2.4 The Architect will review the Contractor's Applications for Payment and will certify to the Owner for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5 The Architect shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the Architect deems it necessary or advisable, the Architect shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. 8.2.6 The Architect will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents, 8.2.7 The Architect will prepare Change Orders and may authorize minor changes in the Work by Field Order as provided elsewhere herein. 8.2.8 The Architect shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records, written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9 The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Contract. 8.3 CLAIMS BY THE CONTRACTOR 8.3.1 The Architect shall determine all claims and matters in dispute between the Contractor and Owner with regard to the execution, progress, or sufficiency of the Work or the interpretation of the Contract Documents, including but not limited to the CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12 BID #Q- 0413 -03 plans and specifications. Any dispute shall be submitted in writing to the Architect within seven (7) days of the event or occurrence or the first appearance of the condition giving rise to the claim or dispute who shall render a written decision within a reasonable time thereafter. The Architect's decisions shall be final and binding on the parties. In the event that either party objects to the Architect's determination as to any submitted dispute, that party shall submit a written objection to the Architect and the opposing party within ten (10) days of receipt of the Architect's written determination in order to preserve the objection. Failure to so object shall constitute a waiver of the objection for all purposes. 8.3.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. 8.3.3 CLAIMS FOR CONCEALED, LATENT OR UNKNOWN CONDITIONS - The Contractor expressly represents that it has been provided with an adequate opportunity to inspect the Project site and thoroughly review the Contract Documents and plans and specifications prior to submission of its bid and the Owner's acceptance of the bid. Subject to the conditions hereof, Contractor assumes full responsibility and risk for any concealed, latent or unknown condition which may affect the Work. No claims for extra work or additional compensation shall be made by Contractor in connection with concealed, latent or unknown conditions except as expressly provided herein. Should concealed, latent or unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within seven (7) days after the first observance of the condition. As a condition precedent to the Owner having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall SIDEWALK REPAIR constitute a waiver by the Contractor of any claim arising out of or relating to such concealed, latent or unknown condition and the Contractor thereby assumes all risks and additional costs associated therewith. 8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefor, the Contractor shall give the Architect written notice of such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional compensation. 8.3.4.1 In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's costs shall be strictly limited to direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third parties, including Subcontractors. The Owner shall not be liable to the Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the Owner. 8.3.5 CLAIMS FOR ADDITIONAL TIME - If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the Owner or someone acting in the Owner's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipated, fire 'or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of the Contractor to the Owner and the Architect, for such reasonable time as the Architect may determine. Any notice and claim for an extension of time by the Contractor shall be made not more than seven (7) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the CITY OF COPPELL • PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13 BID #Q- 0413 -03 Project. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. The procedures and remedies provided by this provision shall be the sole remedy of Contractor and Contractor shall not assert nor be entitled to any additional delays or damages associated therewith. 8.4 FIELD ORDERS 8.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or in Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. 8.5 MEDIATION 8.5.1 In the event that a dispute arises under the terms of this Contract, following an adverse determination by the Architect and proper preservation of the issue as required herein, the parties agree to submit to mediation. In such event, the parties shall agree to a designated person to serve as mediator and each party shall be responsible for payment of one -half of the total mediation fees. The parties shall submit the dispute to mediation as soon as practical and in no event later than one (1) year after the 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. 8.5.2 In no event shall the foregoing provision justify or authorize any delay in the progress of the Work; the parties shall abide by the decision of the Architect in accomplishing the timely completion of the Project. ARTICLE IX SUBCONTRACTORS 9.1 DEFINITION 9.1.1 A Subcontractor is an entity which has a direct contract with the Contractor to perform a SIDEWALK REPAIR portion of the Work. No Subcontractor shall be in privity with the Owner. 9.2 AWARD OF SUBCONTRACTS 9.2.1 Upon execution of the Contract, the Contractor shall furnish the Owner, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The Owner shall promptly reply to the Contractor, in writing, stating any objections the Owner may have to such proposed Subcontractor. The Contractor shall not enter into a subcontract with a proposed Subcontractor with reference to whom the Owner has made timely objection. The Contractor shall not be required to subcontract with any party to whom the Contractor has objection. 9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights afforded to the Owner by Subparagraph 12.2.1 below. All subcontracts shall incorporate by reference the provisions hereof and shall provide that no claims, causes or demands shall be made by any Subcontractor against the Owner. 9.2.3 The Contractor shall indemnify, defend and hold harmless the Owner from and against any and all claims, demands, causes of action, damage, and liability asserted or made against the Owner by or on behalf of any Subcontractor. ARTICLE X CHANGES IN THE WORK 10.1 CHANGES PERMITTED 10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order or by Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14 BID #Q- 0413 -03 10.2 CHANGE ORDER DEFINED 10.2.1 Change Order shall mean a written order to the Contractor executed by the Owner and the Architect, issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time,. or any combination thereof. The Contract Price and the Contract Time may be changed only by written Change Order. 10.3 CHANGES IN THE CONTRACT PRICE 10.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the Owner and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the Owner and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the Owner and the Contractor as contemplated in Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall then be determined by the Architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, including, in the case of an increase or decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present, in such form and with such content as the Owner or the Architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order. Reasonable expenditures or savings shall be limited to the following: reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any SIDEWALK REPAIR expenditure or savings associated with the Contractor's home office or other non jobsite overhead expense be included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to the Owner, payments on account shall be made to the Contractor on the Architect's Certificate for Payment. 10.3.3 If unit prices are provided in the Contract, and if the quantities contemplated are so changed in a proposed Change Order that application of such unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or to the Contractor, the applicable unit prices shall be equitably adjusted. 10.4 MINOR CHANGES 10.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the owner and the Contractor. The Contractor shall promptly carry out such written Field Orders. 10.5 EFFECT OF EXECUTED CHANGE ORDER 10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 10.6 NOTICE TO SURETY; CONSENT 10.6.1 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the Contractor's surety or by law. The Contractor's execution of the Change Order shall constitute the Contractor's warranty to the Owner that the surety has been notified of and consents to, such Change Order and the surety shall be conclusively deemed to have been CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15 BID #Q- 0413 -03 notified of such Change Order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 UNCOVERING WORK 11.1.1 If any of the Work is covered contrary to the Architect's request or to any provisions of this Contract, it shall, if required by the Architect or the Owner, be uncovered for the Architect's inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the Architect or Owner, be uncovered for the Architect's inspection. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the Owner. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 CORRECTING WORK 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Architect as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement to the Owner for the Architect's services and expenses made necessary thereby. 11.2.2 If within one (1) year after Substantial Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the Owner. This obligation shall survive final payment by the Owner and termination of this Contract. With respect to Work first performed and completed after Substantial Completion, this one year obligation to specifically correct defective and nonconforming Work shall be extended by the period of time which elapses between Substantial Completion and completion of the subject Work. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with SIDEWALK REPAIR respect to other obligations which the Contractor has under this Contract. Establishment of the one year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 OWNER MAY ACCEPT DEFECTIVE OR NONCONFORMING WORK 11.3.1 If the Owner chooses to accept defective or nonconforming Work, the Owner may do so. In such event, the Contract Price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for its acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming Work. ARTICLE XII CONTRACT TERMINATION 12.1 TERMINATION BY THE CONTRACTOR 12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon ten (10) days' written notice to the Owner and the Architect, terminate performance under this Contract and recover from the Owner payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items. 12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16 BID #Q- 0413 -03 terminate performance under this Contract by written notice to the Architect and the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 TERMINATION BY THE OWNER 12.2.1 FOR CONVENIENCE 12.2.1.1 The Owner may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the Owner or its designee. 12.2.1.3 The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. 12.2.1.4 (a) The Contractor shall submit a termination claim to the Owner and the Architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Architect. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with subparagraph (c) below. (b) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. SIDEWALK REPAIR (c) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (i) Contract .prices for labor, materials, equipment and other services accepted under this Contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages), provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 FOR CA USE 12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, abandons the jobsite and fails to resume work within five (5) days of written notice thereof by the Owner, fails to grant or allow access to the jobsite by the Owner or Architect, fails to supply enough properly skilled workers, supervisory personnel or proper equipment or materials, fails to make prompt payment to Subcontractors or for CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKN'VAY BOULEVARD • COPPELL, TEXAS 75019 Page 17 BID #Q- 0413 -03 materials or labor, persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a material provision of this Contract, then the Owner may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.2.2 If the unpaid balance of the Contract Price does not exceed the cost of finishing the work, including compensation for the Architect's additional services and expenses made necessary thereby, such difference shall be paid by the Contractor to the Owner. This obligation for payment shall survive the termination of the Contract. 12.2.2.3 In the event the employment of the Contractor is terminated by the Owner for cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 CONTRACTOR SHALL MAINTAIN INSURANCE 13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and /or any Additional Insured from claims which may arise out of or result from operations under this contract. The insurance required shall provide adequate protections from all claims, whether such operations be by the Contractor or by any Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them may be liable and from any special hazards, such as blasting, which may be encountered in the SIDEWALK REPAIR performance of this contract in the amounts as shown below in Paragraph 13.2.1. 13.1.2 The Contractor shall not commence work on any Contract in the City of Coppell until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the City. 13.2 TYPES AND AMOUNTS OF CONTRACTOR'S INSURANCE 13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance Amount Worker's Compensation Commercial General Liability (Public) Owner's Protective Liability Insurance as set forth in the Worker's Compensation Act. $1,000,000 Each Accident/Occurrence, $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate. $600,000 per occurrence $1,000,000 aggregate Excess /Umbrella Liability $1,000,000 per occurrence w /drop down coverage Endorsement CG 2503 Amendment Aggregate Limit of Insurance per Project or Owner's and Contractor's Protective Liability Insurance for the Project. Automobile Liability $500,000 Combined single limit per occurrence. 13.3 ADDITIONAL INSURED The Owner shall be named as an additional insured on the Commercial General Liability (Public), CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18 BID #Q- 0413 -03 Owner's Protective Liability, and Excess /Umbrella Liability Insurance Policies furnished by the Contractor. 13.4 WRITTEN NOTIFICATION Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non - renewal or any material change in coverage, a notice there of shall be given by certified mail to the Division of Purchasing, City of Coppell, 255 Parkway Blvd., Coppell, Texas, 75019. 13.5 PREMIUMS AND ASSESSMENTS Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. 13.6 CERTIFICATE OF INSURANCE Proof that the insurance is in force shall be furnished to the City on City of Coppell Standard Certificate of Insurance Forms. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the City of Coppell, the contractor shall furnish the City proof of identical continued coverage no later than thirty(30) days prior to the expiration date shown on the Certificate of Insurance. 13.7 PRIMARY COVERAGE The coverages provided herein shall be primary and noncontributory with any other insurance maintained by the City of Coppell, Texas, for its benefit, including self insurance. 13.8 WORKER'S COMPENSATION INSURANCE COVERAGE 13.8.1 The Contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the SIDEWALK REPAIR governmental entity prior to beginning work on the project; (3) provide the governmental entity prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the proj ect; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19 BID #Q- 0413 -03 be the following text provided by the Texas Worker's Compensation Comm- ission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; SIDEWALK REPAIR (E) obtain from each other person with whom it contracts, and provide to the Contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by sub- paragraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. ARTICLE XIV MISCELLANEOUS 14.1 LAWS AND ORDINANCES 14.1.1 The Contractor shall at all times and in all respects observe and comply with all federal, state and local laws, ordinances, and regulations applicable to the Project and Work. The Contractor shall further CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20 BID #Q- 0413 -03 insure that all Subcontractors observe and comply with said laws, ordinances and regulations. 14.2 GOVERNING LAW 14.2.1 The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Work to be performed hereunder shall be in the courts of Dallas County, Texas. 14.3 SUCCESSORS AND ASSIGNS 14.3.1 The Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the Owner. 14.4 SURETY BONDS 14.4.1 If the Contract Price exceeds the sum of $50,000.00, the Contractor shall furnish separate performance and payment bonds to the Owner, according to the requirements set out in the bid documents and state statutes to guaranty full and faithful performance of the Contract and the full and final payment of all persons supplying labor or materials to the Project. Each bond required by the bid documents or state statute shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner and authorized to do business in the State of Texas by the State Board of Insurance. 14.4.2 If the Contract Price exceeds the sum of $50,000.00, the Contractor, upon execution of the Contract and prior to commencement of the Work, shall furnish to the Owner a two -year maintenance bond in the amount of one hundred percent (100 %) of the Contract Price covering the guaranty and maintenance prescribed herein, written by an SIDEWALK REPAIR approved surety authorized and duly licensed to conduct business in the State of Texas. The cost of said maintenance bond shall be included in the Contractor's unit bid prices and shall be paid by the Contractor. 14.5 SEVERABILITY 14.5.1 The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not be included herein. 14.6 AMENDMENTS 14.6.1 This Contract may be amended by the parties only by a written agreement duly executed by both parties. The failure of the Owner to object to any nonperformance or nonconforming work or to enforce any provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any term or provision in this Contract, nor shall such failure to object or enforce estop the Owner from insisting on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of such nonperformance or nonconforming work. 14.7 NOTICES 14.6.1 All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party or Architect at the address set forth herein or set forth in a written designation of change of address delivered to all parties and the Architect. CITY OF COPPELL • PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21 BID #Q- 0413 -03 SIDEWALK REPAIR EXECUTED in single or multiple originals, this � day of �i.� -+�e� , 20 CITY OF COPPELL APPROVED: Z�/ City Mana er AT EST: r ity Secretary ATTEST: CONTRACTOR: (Sign ure) 6 E (Type/Prin�tQName and Title) (Street Address) (Ci State /Zi CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22 BID #Q- 0413 -03 SIDEWALK REPAIR CORPORATE ACKNOWLEDGMENT THE STATE OF 7�/T- COUNTY OF ��� BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: 4, 6 flf�/ �i�/�F 5°�Tll/z- M, r'ntN me) (Print Title) of QiX contractor designated hereinabove, known to me to be the person and officer whose nan e is subscribed to the foregoing instrument and acknowledged tome 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. UNDER MY HAND A D SEAL OF OFFIC SANDRA JEAN ORTA My Commission Expires May 8, 2015 My Commission expires: THE STATE OF TEXAS COUNTY OF DALLAS CITY MANAGER'S ACKNOWLEDGMENT 01. BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he /she was duly authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he /she executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D., 20 Notary Public in and for the State of Texas My Commission expires: CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23 BID #Q- 0413 -03 PERFORMANCE BOND STATE -OF TEXAS COUNTY OF DALLAS §. SIDEWALK REPAiIt, Bond # ASB541079 KNOW ALL MEN BY THESE PRESENTS, That 3D Paving and Construction whose ;address is American Safety Casualix Insurance Company , a corporation organized and existing tinder the laws of the State of Oklahoma and fully licensed to tmnsacti business in the State of Texas, as Surety, are held and firm y bound unto the CITY OF COPPELL, TEXAS: a municipal corporation organized and existing under the laws of the State of Texas, -a municipal corporation organized and existing under the laws of the State of Texas, hereinafter. called "Owner' in the penal sum Of One Hundred Twenty Seven Thousand Fift Dollars & 00 /100 dollars ($127 050.00 )Jn lawful money 'of United States, to be paid in Dallas County, TeXas, forte payment of which, sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents, This Bond shall automatically be increased bythe amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event sliall a Change Order or Supplemental Agreement 'which reduces the Contract price decrease the penal sum of this Bond.. THE OBLIGATION TO PAY SAME 'is conditioned as follows: Whereas, t 4p 'Principal entered into a certain Contract with the City of Coppell, the Owner, dated the 5 day of ,, 2013 which is made a part hereof by reference, for the construction of certain public i provements that are generally described' as follows: Construction of the : Sidewalk Repair SAMPLE Project No. DR Bid -No Q- 0413 -03 NOW, THEREFORE, if the Principal shall well, truly and .faithfully erform and fulfill all of the undertakings, covenants, terms, conditions and agreements V said Contract in accordance. with the plans, specifications and Contract documents during the original term thereof and any extension tiiereof 4hich may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and /or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the elate of final completion and final acceptance of the Work by Owner; and, if tie Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by-reason of failure to so perform hetein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default of deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. CITY OF COPPELL - PURCHASiNC DEPARTMENT - 255 PARKWAY BOULEVARD COPPELL, TEXAS 75019 Page 24 131D #Q-0413-03 SIDEWALK REPAIR PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue- shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the Worlc performed thereunder, or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it (foes hereby waive notice of any such change, extension of time, alteration or addition. to the terms of the Contract, or to the Work or to the' Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Amlotated Civil Statutes,, and any other applicable statues of the .State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas County to whom airy requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 2 copies, each one of which shall be deemed an original, this, the s day oflY# y ., 2013 PRINCIPAL SURETY 3D Paving and Construction American Safety Casualty Insurance Company • ey i AS Maril vBr The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: K &S Insurance Agency ADDRES S 18601 LBJ Freeway #420 Mesquite TX 75150 NOTE. Date of Peiforumnce Bonet intist be date of Contract If Resident Agent is not u coiporutlon, give a person's naine. CrrY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY 13oU1.TVARD . COPPCLL. TEXAS 75019 Page 25 BID #Q- 0413 -03 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS SIDEWALK REPAIR Bond # ASB541079 KNOW ALL MEN BY THESE PRESENTS: That 3D Paving and Construction whose address is as Surety, are "Owner ", in —the penal )any a corporation organized and clahoma and fully licensed to transact business old and firmly bound unto the CITY OF COPPELL ed and existing under the laws of the State of Texas, a [sting under the laws of the State of Texas, hereinafter SLIM of One Hundred Twentv Seven Thousand Fiftv nnllare k money of the United States, to be paid in Dal well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. amount of any Change Order or Supplemental, in no event shall a Change Order or Supplem, decrease the penal sure of this Bond. for our ni This Agreement which reduces' and sum THE OBLIGATI.ON TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Owner, dated the day of oWY , 2013, which is made a part hereof by reference, for the construction of certain public r` ,provements that are generally described as follov✓s: Construction of the Sidewalk Repair SAMPLE Project No. DR Bid No. 0- 0413 -03 NOW; THEREFORE-, if the Principal shall well, truly and faithfully perform and fulfill its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants su plying labor and /or material in the prosecution of the Work provided for in said Contract andpany and all duly authorized modifications of said Contract that may hereafter be made. notice of which modification to the Surety is hereby expressly waived; the this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of ,any such change, extension of tinge, alteration or addition to the terms of the Contract, or to the Work to be Performed thereunder. CITY OF COPPELL • PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26 00 /100 im #Q 0413 -03 SIDEWALI« RE, PAIR This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statues of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 2 copies, each one of which shall be deemed an original, this, the 9 day of &/ ,,2013 PRINCIPAL SURETY 3D Paving and Construction American Safety Casualty Insurance Company By; Jay J a -- Title: Atto ev- -fac ATTES � TTE .Ts aril n Branch The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: K &S Insurance Agency ADDRESS 18601 LBJ Freeway #420 Mesquite TX 75150 NOTE, Dale of Pcgmtent Bond mast be date of Conti-act-.If Resident Agent is tlot cl cotporcitiort, gNe a pet eon's name. CITY OF COPPELL PURCHASING D]WARTMENT - 255 PARKWAY BOULEVARD COPPELL, TEXAS 75019 Page 27 RESOLVED, that the President in conjunction with the Secretary;or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority i detfned or limited in the Instrument evidencing the appointment in each case, for and an behalf of the Company, to execute and deliver and affix the se of the Company to bands, undertakings, recognizances, and suretyship obligations of alt kinds; and said officers may remove any sash attorney -ln -fa or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER',, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company, (i), wht signed by the President 'or any Vice- President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (it) when sign( by the President or any Vice. President or Secretary or Assistant Secretary, and counter- stgned and sealed (if a seal is required) by 'a duly authority attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal is required) by one or more attorney -in -fact or agents pursuant to and within it limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL DATE (MMIDDIYYYY) coRV® _ CERTIFICATE OF LIABILITY INSURANCE 4/8/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the rartificate holder in lieu of such endorsement(s). PRODUCER K & S Insurance Agency 2255 Ridge Road, Ste. 333 P. 0. Box 277 Rockwall TX 75087 INSURED 3D Paving & Contracting, LLC 161 W Lansdowne Circle Debrah Cherry rtl (972) 771 -4071 IAIIC Nola (972) 771 -4695 dcherry @kandsins.com ted Fire & Cc Coppell TX 75019 -3000 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE CLAIMS. AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID EXCLUSIONS POLICY EFF POLICY EX LIMITS INSR TYPE OF INSURANCE POLICY NUMBER I $ 1,000,000 LIABILITY EACH OCCURRENCE 100 000 fGENERAL MMERCIAL GENERAL LIABILITY /7/2013 /7/2014 PE S Ea o rre $ MED EXP An one arson $ , 5,000 A CLAIMS -MADE � OCCUR X 5316098 G2033 7/04, CG2037 7/04 PERSONAL & ADV INJURY $ 1,000,000 G7152 6/11 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY X PRO- LOC B INGLE LIMIT 11000,000 AUTOMOBILE LIABILITY (E idea t BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED X 85316098 /7/2013 /7/2014 BODILY INJURY (Per accident) $ AUTOS X6TOS NED 7077 9/00 P OPERTY DAMAGE $ P accident) HIRED AUTOS AUTOS 7078 9/00 1 Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X EACH OCCURRENCE $ 1,000,000 OCCUR $ 1,000,000 A EXCESS LIAR CLAIMS MADE AGGREGATE 5316098 /7/2013 /7 /2Dla $ X 10,00 DED RETENTION WORKERS COMPENSATION 0TH X WC STATU- - B LIM AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETORWARTNERIEXECUTIVE� OFFICERIMEMBER EXCLUDED? NIA RZE21971 -13 /7/2013 /7/2014 E.L. DISEASE - EA EMPLOYE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below 920304A 1 /00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, K more space Is required) insured waiver of subrogation endorsement forms. See above listing of additional and Project: Construction of the Denton Tap Sidewalk In£ill, project# SW08 -01, Bid #Q-0810 -01, O%ALIf+CI I ATInrJ - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Coppell 255 Parkway Boulevard AUTHORIZED REPRESENTATIVE Coppell, TX 75019 IR Daiker -1 /DEBBIE ACORD 25 (2010105) m 1988-2010 ACORD CORPORATION All rights reserved INS026 (201005).01 The ACQRD name and logo are registered marks of ACORD