MA FY 00/01-CN010313-- T H E C I T Y 0
- ENGINEERING / PUBLIC WORKS DEPARTMENT
STANDARD FIXED PRICE AGREEMENT
- FOR THE CONSTRUCTION OF
- REINFORCED CONCRETE PAVEMENT REPAIR
PROJECT
- March 2001
COPPLL-~*~ '';'' "" °'* AGENDA REQUEST FORM
* f'~"~'~ ~'~; '~ ~ ~~a~~ '~CITY COUNCIL MEETING: March 6, 2001 ITEM #
A 8 ~
ITEM CAPTION:
-Consider approval of awarding Bid # Q-0101-02 for the Reinforced Concrete Pavement Repair Project to
Nova Construction Company Inc. in an amount not to exceed $350,000 as budgeted; and authorizing the City
Manager to sign.
- APPROVED
BY
- CITY coUNCIL
B~~Y/. KennethM. Griffin, P.E. ) DATE ~
SUBMITTED
TITLE:( Dkector of Engineering/~ Works
-STAFF CO~S: /
_ See attached memo.
BUDGET AMT. $ AMT. EST. $ +k-BID $
FINANCIAL COMMENTS: .~ ~
Punds have been budgeted tn streets for this contract. (01-03-14-3210)
DIR. INITIALS:, k~ FIN. REVIEW.-~ CITY MANAGER REVIEW: ~,~'
,q~d, u~p~,t to,m- u'~q~d srO0 ~t mm~ ~-~ ~
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council Members
Griffin, P.E., Dir. of Engineering/Public Works ~7
From:
Kenneth
M.
Date: March 6, 2001
RE: Consider approval of awarding Bid # Q-0101-02 for the Reinforced Concrete Pavement
Repair Project to Nova Construction Company Inc. in an amount not to exceed $350,000
- as budgeted; and authorizing the City Manager to sign.
On February 13, 2001, thc City of Coppell received and opened six bids for our yearly reinforced concrete
- pavement repair program. This year the program included repairs in three different categories: 1) major
street failures; 2) major curb failures; and 3) major alley failures. During the preparation of the
specifications, I was aware that it was doubtful that the dollars allocated in my fiscal year budget would be
- adequate to handle the current list of concrete failures. My engineer's estimate from June 2000 to complete
the entire concrete repair list as bid was $529,263. The actual low bid for the project was $490,729, however;
the amount allocated in my budget for this program was $350,000. Therefore, we will be awarding only
- $350,000 worth of the concrete replacements. The award will be as follows:
Major street failures:
16 locations from 2 SY to 158 SY for a total of 1,083 SY at a price of$49.05/per SY
1,083 SY x $49.05/per SY = $53,122 Total
Major curb failures:
27 locations from 2 LF to 27 LF for a total of 193 LF at a price of$30/per LF / ~
_ 193 LF x $30/per LF = $5,790 Total
Major alley failures (38 of the 57 locations~' (~ I - 3"7 t~ q ~ ~, l~. ~. (
.... 3~_~°c~ati°sffom 30 S~,~i~fSxY f$;; ~mir'~fy5,99~2~,;~ P7~C;oOt~fsq7.25/per SY ~i~,~' . . ::,x. Sqq$ ~~ -5 °l;~-:~ ~
Th ttal fth thr ;- ='4 ~
- e o o ese ee ca egories is actually only $3 2,175.75, but typically there is some adjustment in the
field on quantities. Based on the actual quantities used in the field, additional alleys may be reconstructed or
some may need to be deleted from this program. In order of construction, my goal is to complete the street
- repairs, curb repairs and then the alley repairs.
Nova Construction company has not worked in this area. I have checked their references and they appear to
-- be an excellent contractor capable of handling this project. Staff recommends the award of Bid # Q-0101-02
for reinforced concrete pavement repair to Nova Construction Company Inc. in an amount of $49.50 per
square yard for street repair, $30 per linear foot for curb repair and $47.25 per square yard for alley repair in
a total amount not to exceed $350,000. Staff will be available to answer any questions at the Council
meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
REINFORCED CONCRETE PAVEMENT REPAIRS
Bid # Q 0101-02
SPECIFICATIONS FOR
REINFORCED CONCRETE PAVEMENT REPAIRS
1. All repairs are to be saw cut full depth a minimum of 12" beyond the failure or to the next
joint if within 3' and are to be square or rectangular in shape.
2. Complete removal of all pavement within the repair area is to be accomplished leaving clean
vertical sides. Damaged vertical sides will be resawed, removed and replaced at the
contractor's expense. Limit of pay will only be to the original saw line. Spoils from this
activity and subgrade removal will be disposed of off-site at the contractor's expense.
3. Subgrade shall be removed to a depth of 6" below bottom of the existing pavement and
cement treated base (CTB) is to be placed and compacted (to 95% standard proctor density)
in place of the removed subgrade. If the removal leaves a void deeper than the 6"
requirement, or if unstable material is encountered that has to be removed, then flexbase shall
be placed and compacted (to 95% standard proctor density) to bring subgrade up to 6" below
bottom of the existing pavement.
4. Vertical sides of repair area are to be doweled with//4 bars, epoxy embedded 6"into the sides
at 12" centers. A 24" //6 smooth dowel with dowel sleeve will be used at any transverse
expansion joint that may be disturbed. See City of Coppell Standard Specifications.
5. Reinforcement steel shall be minimum//3 bar on 24" centers with 30 diameters bar laps. (//3 -
12" lap) and shall be supported by bar chairs spaced adequately to support the weight of the
concrete during placement.
6. Concrete shall consist of Type I cement at a rate of 6 sacks per CY and a compressive
strength of 3500 PSI at 28 days. After placement of concrete, the entire new concrete section
shall receive a coat of approved white pigmented curing compound applied by use of a
sprayer capable of producing an even and thorough coverage. Six cylinders shall be obtained
for testing on the 7th, 14t~, and 28th day. Testing to be provided by contractor, at the sole
expense of the contractor, through a City approved laboratory. Pavement may be placed in
service if a strength of 3000 PSI is obtained on the 7 or 14 day breaks. If a strength of 3500
PSI is reached on the 7 or 14 day breaks, then no additional test will be required. If the 28-
day break does not obtain 3500 PSI the pavement shall be removed and replaced at the
contractor's expense.
7. Construction joints shall be per the City of Coppell Standard Specifications with silicon
sealer at all joints as well as replacement redwood at transverse expansion joints. If no
longitudinal joint is existing on the existing paving, a longitudinal joint will still be required
on the new sections of full width paving.
8. Any buttons, striping or other traffic control device removed during construction shall be
replaced to match pre-existing conditions.
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
REINFORCED CONCRETE PAVEMENT REPAIRS
_ Bid # Q 0101-02
9. A comprehensive traffic control plan is to be submitted for all job sites that is consistent with
- the TMUTCD for Engineering review. 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 streets will be allowed for full closure without a thorough
review by the City of Coppell.
_ 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.
_ 12. All irrigation systems damaged will be repaired to as good or better and to the satisfaction of
the property owner. It is the contractor's responsibility to obtain utility locations. Any
damage to existing utilities will be the sole responsibility of the contractor. Contractor will
_ be responsible for backfilling behind the curb, where curb has been removed and replaced,
and sodding the disturbed area with like turf.
- 13. It will be the responsibility of the contractor to provide written notification to affected
residents in the vicinity of the repair are prior to the beginning of work. Information to be
included will be beginning and end dates of project, road closure information - either total or
- partial, and contact number(s).
14. All items necessary to complete the work including but not limited to pavement markings,
- traffic control plan, repair of irrigation systems, sodding, etc. are subsidiary to the price bid.
15. 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.
16. 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.
CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL,TEXAS 75019
REINFORCED CONCRETE PAVEMENT REPAIRS
Bid # Q 0101-02
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 arc not identified shall be
paid not less than the general prevailing rate of "laborer" for thc 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.
CITY OF COPPELL * PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
BID Q-OiOi-02 REINFORCED CONCRETE PAVEMENT REPAIRS
BID SHEET
Q-0101-02
SECTION I MAJOR STREET FAILURES
Approx.
Description Square Yards
1. 256 Willow Springs 15
2. Bethel School & Plantation 42
3. Dobecka north of 102 4
4. 462 Wales Court 128
5. Royal & Gateview ~ 134
6. Royal north bnd., south of Northpoint 153
7. 718 Hawk 156
8. 1016 Creek Crossing 18
9. 240 Plantation 158
10. 323 Mattel Lane 26
11. Heartz & Woodhurst(lug broken/brick 2
pavers)
12. 209 Plantation 11
13. Shadowcrest/Sandy Knoll - 50
14. 550~540 Shadowcrest 100
15. 228 Whispering Hills 18
- 16. 204 Whispering Hills 68
TOTAL SCIUARE YARDS 1083
Item Description Quantity Bid Price Total Bid
Per SY Price
I Remove and replace 1083 SY $49.05 $53,122.00
1-16 Street failures as listed
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPE~-T~'~'' T~G19 *' ~ Pag~ 15
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
BID SHEET
Q-0101-02
SECTION II MAJOR CURB FAILURES
Description Approx.
Linear Feet
1. 462 Willow Springs 6
2. 434 Clearcreek 20
3. 621 Briarglen 15
4. 252 Heatherglen 8
5. 247 Woodhurst 5
6. 625 Briarglen 8
7. 435 Woodhurst 10
8. 534 Shadowcrest 27
9. 208 Greenwood 6
10. 401 Rolling Hills 5
11. Parkview/Parkway Blvd. 6
12. 121 Meadowglen 4
13. 158 Bethel E. 5
14. 411 Woodhurst 5
15. 900 Villawood 6
16. 645 Villawood 6
17. 637 Briarglen 2
18. 952 Falcon Lane 7
19. 316 Meadowwood 7
20. '109 Dickens 2
21. 535 Melinda 5
22. 404 Sandy Knoll 5
23. 112 Deann 4
24. 506 Loxley 7
25. Heartz at Library 4
26. 277 MacArthur S. 5
- 27. 791 Lakeview 3
CiTY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
TOTAL LINEAR FEET 193
Item Description Quantity Bid Price Total Bid
Per LF Price
II Remove and replace 193 LF $30.oo $5,7~)o.o0
1-27 Curb failures as listed
CrI'Y OF CC'~PELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · CGP~F. LL, T~v~S 7~'~= ~' ~ 17
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
BID SHEET
Q-0101-02
SECTION III MAJOR ALLEY FAILURES
_ Approx.
Description Square Yards
1. 300 Woodhurst 210
2. 125 Summer Place 100
3. 92 Hearthwood 55
4. 96 Hearthwood 55
5. 537 Shadowcrest 100
6. 221 Simmons 400
7. 105 Dobecka 200
8. 411 Woodhurst 27
9. 106 Creekside 200
10. 225 Simmons 200
11. 933 Tupelo 200
12. 216 Willow Springs 300
13. 530 Woodhurst 130
14. Meadowlark & Hawk 40
15. 181 Simmons 40
16. 741 Robin 100
17. 407 Clear Creek 200
18. t28 Mesquitewood 100
19. 479 Cambria ' 46
20. 169 Highland Meadow 30
21. 240 Willow Springs 50
22. 726 Oriole 100
23. Woodhurst alley entrance 200
24. 233 Heartz between 233 & 229 720
25. 102 Creekside 50
OF COPPELL PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPEU., TEXAS 7501g ~ age 11
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
BID SHEET
Q-0101-02
SECTION III MAJOR ALLEY FAILURES
Ao~rox._._~:.
Description Square Yards
26. 120 Deann 320
27. 463 Clear Creek 90
28. 834 Bethel School 100
29. 92 Hearthwood Dr. 100
30. 325 & 333 Lakewood 600
31. 913 Elmvale Ct. 50
32. 343 Edgewood Dr. 200
33. 462 Woodhurst 100
34. 446 Willow Springs 40
35. 800 Bluejay 60
36. 233 Simmons 40
37. 450 Sandy Knoll 410
38 602 Raven 50
39. 252 Willow Springs 40
40. t80 Highland Meadow 150
41. 532 Kirkland Dr. 160
- 42. 164 Meadowglen Cir. 155
43. 712 Parkway 18
- 44. 616 Phillips Dr. 200
45. 411 Woodhurst 60
46. 422 Parkwood 35
47. 397 Willow Springs 35
48. 716 Woodmoor 260
49. 409 Shadowcrest 153
50. 904 Falcon 60
CITY OF COPPELL · PURCHASING DEPARTMENT · 2,55 PARKWAY BOULEVARD · COPPEU., TEXAS 7501g L/ PJIge 19
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
51. 900 Tupelo 240
BID SHEET
Q-0101-02
- SECTION III MAJOR ALLEY FAILURES
Approx.
- Description Square Yards
52, 105 Simmons 1200
- 53, 640 Phillips Dr, 10
54. 1002 Rollingbrook 40
55, 329 Clear Haven 250
56. 538 Shadowcrest 32
57, 601 Shadowcrest 28
TOTAL SQUARE YARDS 9139
Item Description Quantity Bid Price Total Bid
Per SY Price
I
III 1-57Remove and replace 9139 SY $47.25 $431,817.00
Alley failures as
_ listed
~:ITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK~NAY BOULEVARD ° COPPELL TEXAS · lO~ 20
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
BID SUMMARY
Item Description Quantity Bid Price Total Bid
- Price
I Remove and replace 1083 SY $49.05 $53,122.00
- 1-16 Street failures as listed Per SY
- II Remove and replace 193 LF $30.00 $5,790.00
1-27 Curb failures as listed Per LF
III Remove and replace 9139 SY $47.25 $431,817.00
- 1-57 Alley failures as listed Per SY
NUMBER OF CALENDAR DAYS TO COMPLETE THE WORK
170 da,ys
- * Note: All work must be completed by September 30, 2001.
- Communications conceming 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 Pdce (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditions.
The City of Coppell reserves the right to delete any portion of this project or adjust
quantities as it may deem necessary to stay within the City's available funds. Should the
City elect to delete any portion, the contract quantities will be adjusted accordingly.
SUBMITTED ON February 12, 2001
~:ITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPEU.., 75019 ' age 2t
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
BID AFFIDAVIT
The undersigried certifies that the bid prices contained in this bid have been carefully
reviewed and are submitted as correct and final. Bidder further certifies and agrees to
_ furnish any and/or all commodities upon which prices are extended at the price offered,
and upon the conditions contained in the Specifications of the Invitation To Bid. The
period of acceptance of this bid will be calendar days from the date of the
- bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise
indicated by Bidder.)
- STATE OF ~ COUNTY OF ~-~ -~/J ~ ~
BEFORE ME, the undersigned authority, a Notary Public in and for the State of ~ ,,
- on this day personally appeared z~_~vho after being by me duly sworn, did depose
and say:
"1, ~ q u_~ [.. ~7_./~ ~/' am a duly
_ authorized~f-~:e'r/agentfor/V/~ v'/~- L~/~.,c~.~., 0,~," ~..Z-~v"~_ and have been
duly authorized to execute the foregoing on behalf of the said ~----~,~?~ ~¢.?'~/t./ .
I hereby certify that the foregoing bid has not been prepared in collusion with any other
Bidder or individual(s) engaged in the same line of business prior to the official opening
_ of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6)
months, directly or indirectly concerned in any pool, agreement or combination thereof,
to control the price of services/commodities bid on, or to influence any individual(s) to
bid or not to bid thereon."
Name and address of Bidder: /~ ~//~- ~ ~_~ ~ C_Y--/0 ~ ~
Telephone: ~72_ ) o~/~_~'-~ ?/ by: /~ c ~ ~.~ ~ ~ ..
Title:~~~ ~~ Signatur~
SUBSCRmED AND SWORN to before me by the above__named
on this the dayOf
~.~ J
,,,?~,~,,~
- ~'~'~:~::~'~"~ ~~a
~ ~ .~v ~dj-~ '-.~ Nota I te of
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home-role municipality
(hereinafter referred to as the "Owner") and Nova Construction Co. Inc; (hereinafter referred to as the "Contractor")
for construction of Reinforced Concrete Pavement Repairs (hereinafter referred to as the "Project"), the Owner and
the Contractor hereby agreeing as follows:
ARTICLE I 1.4 No PRIVITY WITH OTHERS
THE CONTRACT AND THE CONTRACT 1.4.1 Nothing contained in this Contract shall
DOCUMENTS create, or be interpreted to create, privity or any other
contractual agreement between the Owner and any
1.1 THE CONTRACT person or entity other than the Contractor.
1.1.1 The Contract between the Owner and 1.5 INTENT AND INTERPRETATION
the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be 1.5.1 The intent of this Contract is to require
effective on the date this Agreement is executed by complete, correct and timely execution of the Work.
the last party to execute it. Any Work that may be required, implied or inferred
by the Contract Documents, or any one or more of
1.2. THE CONTRACT DOCUMENTS them, as necessary to produce the intended result
shall be provided by the Contractor for the Contract
1.2.1 The Contract Documents consist of this Price.
Agreement, the Invitation to Bid, Requirements and
Instructions to Bidders, the Specifications, the 1.5.2 This Contract is intended to be an
Drawings, the Project Manual, all Change Orders and integral whole and shall be interpreted as internally
Field Orders issued hereafter, any other amendments consistent. What is required by any one Contract
hereto executed by the parties hereafter, together Document shall be considered as required by the
with the following (if any): Contract.
Documents not enumerated in this Paragraph 1.2.1 1.5.3 When a word, term or phrase is used in
are not Contract Documents and do not form part of this Contract, it shall be interpreted or construed,
this Contract. first, as def'med herein; second, if not de£med,
according to its generally accepted meaning in the
1.3 ENTIRE AGREEMENT construction industry; and third, if there is no
generally accepted meaning in the construction
1.3.1 This Contract, together with the industry, according to its common and customary
Contractor's performance and payment bonds for the usage.
Project, all General Conditions, Special Conditions,
Plans and Specifications, and Addenda attached 1.5.4 The words "include", "includes", or
thereto, constitute the entire and exclusive agreement "including", as used in this Contract, shall be deemed
between the Owner and the Contractor with reference to be followed by the phrase, "without limitation".
to the Project. Specifically, but without limitation,
this Contract supersedes any bid documents and all 1.5.5 The specification herein of any act,
prior written or oral communications, representations failure, refusal, omission, event, occurrence or
and negotiations, if any, between the Owner and condition as constituting a material breach of this
Contractor not expressly made a part hereofi 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 24
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
1.5.6 Words or terms used as nouns in this establishing the extent or scope of the Work to be
Contract shall be inclusive of their singular and plural performed by Subcontractors.
forms, unless the context of their usage clearly
requires a contrary meaning. 1.6 OWNERSHIP OF
1.5.7 The Contractor shall have a continuing CONTRACT DOCUMENTS
duty to read, carefully study and compare each of the
Contract Documents, the Shop Drawings, the Product 1.6.1 The Contract Documents, and each of
Data, and any Plans and Specifications, and shall them, shall remain the property of the Owner. The
give written notice to the Owner of any Contractor shall have the right to keep one record set
inconsistency, ambiguity, error or omission which of the Contract Documents upon completion of the
the Contractor may discover with respect to these Project; provided, however, that in no event shall
documents before proceeding with the affected Contractor use, or permit to be used, any or all of
Work. The issuance, or the express or implied such Contract Documents on other projects without
approval by the Owner or the Architect of the the Owner's prior written authorization.
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 ARTICLE II
Contract. The Owner has requested the Architect to
only prepare documents for the Project, including the THE WORK
Drawings and Specifications for the Project, which
are accurate, adequate, consistent, coordinated and 2.1 The Contractor shall perform all of the
sufficient for construction. HOWEVER, THE Work required, implied or reasonably inferable from,
OWNER MAKES NO REPRESENTATION OR this Contract.
WARRANTY OF ANY NATURE WHATSOEVER
TO THE CONTRACTOR CONCERNING SUCH 2.2 WORK
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has
2.2.1 The term "Work" shall mean whatever
received, reviewed and carefully examined such is done by or required of the Contractor to per/b.un
documents, has found them to be complete, accurate, and complete its duties under this Contract, including
adequate, consistent, coordinated and sufficient for the following: construction of the whole or a
construction, and that the Contractor has not, does designated part of the Project; furnishing of any
not, and will not rely upon any representation or required surety bonds and insurance, and the
warranties by the Owner concerning such documents provision or furnishing of labor, supervision,
- as no such representation or warranties have been or services, materials, supplies, equipment, fixtures.
are hereby made. Further, the Contractor represents
and warrants that it has had a sufficient opportunity appliances, facilities, tools, transportation, storage,
power, permits and licenses required of the
_ to inspect the Project site and assumes any and all Contractor, fuel, heat, light, cooling and all other
responsibility for inadequacies or ambiguities in the utilities as required by this Contract. The Work to be
plans, drawings or specifications as well as for latent
conditions of the site where the work is to be performed by the Contractor is generally described as
follows:
performed.
Reinforced Concrete Pavement Repairs
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 2.2.2 The Contractor shall be responsible for
control the Contractor in dividing the Work or in paying for and procuring all materials and labor and
furnishing all services necessary or appropriate for
the full performance of the Work and the for the full
CITY OF COPPELL * PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 25
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
completion of the Project. All materials shall be new liquidated damages applicable to such delays, if and
and materials and workmanship shall be of good when the Contractor overcomes the delay in
quality. Upon request, the Contractor shall furnish achieving Substantial Completion, or any part
satisfactory proof of the type, kind, and quality of thereof, for which the Owner has withheld payment,
materials, the Owner shall promptly release to the Contractor
those funds withheld, but no longer applicable, as
liquidated damages.
ARTICLE III 3.1.3 In the event that the Contractor achieves
certification of substantial completion prior to the
CONTRACT TIME scheduled completion date, the Owner shall pay to
the Contractor the sum of $~0__ per day for each
3.1 TIME AND LIQUIDATED DAMAGES calendar day that substantial completion is certified
in advance of the scheduled completion date.
3.1.1 The Contractor shall commence the
Work within 10 days of receipt of a written Notice to 3.1.4 No claim shall be made by the
Proceed, and shall achieve Substantial Completion of Contractor to the Owner, and no damages, costs or
the Work no later than NA calendar days from extra compensation shall be allowed or paid by the
the date specified in the Notice to Proceed. The Owner to the Contractor for any delay or hindrance
parties acknowledge that time is of the essence in the from any cause in the progress or completion of the
_ performance of the terms of this Contract. The term Work or this Contract. The Contractor's sole remedy
"calendar days" shall mean any and all days of the in the event of any delay or hindrance shall be to
week or month, no days being excepted. It is request time extensions by written change orders as
contemplated by the parties that the progress of the provided for hereinafter. Should the Contractor be
-- Work may be delayed by certain conditions beyond delayed by an act of the Owner, or should the Owner
the control of the parties; these delays have been order a stoppage of the Work for sufficient cause, an
contemplated by the parties and considered in the extension of time shall be granted by the Owner by
time allotted for performance specified herein and written authorization upon written application, which
- includes, but is not limited to delays occasioned on extension shall not be unreasonably denied, to
account of adverse weather, temporary unavailability compensate for the delay.
of materials, shipment delays, and the presence and
- potential interference of other contractors who may 3.1.5 The Owner shall have the authority to
be performing work at the Project site unrelated to suspend the Work wholly or in part for such period
this agreement, or periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the
- The number of calendar days from the date on which proper prosecution of the Work or for the failure of
the Work is permitted to proceed, through the date the Contractor to carry out instructions from the
set forth for Substantial Completion, shall constitute Owner or Owner's representative. During any period
-- the "Contract Time". in which the Work is stopped or during which any of
the Work is not actively in progress for any reason,
3.1.2 The Contractor shall pay the Owner the Contractor shall properly protect the site and the
_ sum of $__0__ per day for each and every Work from damage, loss or harm.
calendar day of unexcused delay in achieving
Substantial Completion beyond the date set forth 3.2 SUBSTANTIAL COMPLETION
herein for Substantial Completion of the Work. Any
-- sums due and payable hereunder by the Contractor 3.2.1 "Substantial Completion" shall mean
shall be payable, not as a penalty, but as liquidated that stage in the progression of the Work when the
damages representing an estimate of delay damages Work is sufficiently complete in accordance with this
likely to be sustained by the Owner, estimated at or Contract that the Owner can enjoy beneficial use or
-- before the time of executing this Contract. When the occupancy of the Work and can utilize the Work for
Owner reasonably believes that Substantial its intended purpose, even though minor
Completion will be inexcusably delayed, the Owner miscellaneous work and/or adjustment may be
-- shall be entitled, but not required, to withhold from required.
any amounts otherwise due the Contractor an amount
then believed by the Owner to be adequate to recover
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 26
- BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
3.3 TIME IS OF THE ESSENCE 5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
3.3.1 All limitations of time set forth in the the Architect and upon Certificates for Payment
-- Contract Documents are of the essence of this subsequently issued to the Owner by the Architect,
Contract. 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
ARTICLE IV month after commencement of the Work, the
Contractor shall submit an Application for Payment
CONTRACT PRICE for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
4.1 THE CONTRACT PRICE supporting data and content, as the Owner or the
Architect may require. Therein, the Contractor may
4.1.l The Owner shall pay, and the request payment for ninety percent (90%) of that
Contractor shall accept, as full and complete payment portion of the Contract Price properly allocable to
for all of the Work required herein, the fixed sum of Contract requirements properly provided, labor,
$ Per Schedule "A". materials and equipment properly incorporated in the
Work, less the total amount of previous payments
The sum set forth in this Paragraph 4.1 shall received from the Owner. Such Application for
constitute the Contract Price which shall not be Payment shall be signed by the Contractor and shall
modified except by written Change Order as constitute the Contractor's representation that the
provided in this Contract. 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
ARTICLE V that the Contractor knows of no reason why payment
should not be made as requested. Thereafter, the
PAYMENT OF THE CONTRACT PRICE Architect will review the Application for Payment
and may also review the Work at the Project site or
5.1 SCHEDULE OFVALUES elsewhere to determine whether the quantity and
quality of the Work is as represented in the
5.1.1 Within ten (10) calendar days of the Application for Payment and is as required by this
effective date hereof, the Contractor shall submit to Contract. The Architect shall determine and certify
the Owner and to the Architect a Schedule of Values to the Owner the amount properly owing to the
allocating the Contract Price to the various portions Contractor. The Owner shall make partial payments
of the Work. The Contractor's Schedule of Values on account of the Contract Price to the Contractor
shall be prepared in such form, with such detail, and within thirty (30) days following the Architect's
supported by such data as the Architect or the Owner receipt and approval of each Application for
may require to substantiate its accuracy. The Payment. The amount of each partial payment shall
Contractor shall not imbalance its Schedule of Values be the amount certified for payment by the Architect
nor artificially inflate any element thereof. The less such amounts, if any, otherwise owing by the
violation of this provision by the Contractor shall Contractor to the Owner or which the Owner shall
constitute a material breach of this Contract. The have the right to withhold as authorized by this
Schedule of Values shall be used only as a basis for Contract. The Architect's certification of the
the Contractor's Applications for Payment and shall Contractor's Application for Payment shall not
only constitute such basis after it has been preclude the Owner from the exercise of any of its
acknowledged and accepted in writing by the rights as set forth in Paragraph 5.3 hereinbelow.
Architect and the Owner.
5.2.4 The Contractor warrants that title to all
5.2 PAYMENT PROCEDURE Work covered by an Application for Payment will
pass to the Owner no later than the time of payment.
5.2.1 The Owner shall pay the Contract Price The Contractor further warrants that upon submittal
to the Contractor as provided below, of an Application for Payment, all Work for which
payments have been received from the Owner shall
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 27
- BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
be free and clear of liens, claims, security interest or (f) persistent failure to carry out the Work
other encumbrances in favor of the Contractor or any in accordance with the Contract;
other person or entity whatsoever.
-- (g) damage to the Owner or a third party to
5.2.5 The Contractor shall promptly pay each whom the Owner is, or may be, liable.
Subcontractor out of the amount paid to the
_ Contractor on account of such Subcontractor's Work, In the event that the Owner makes
the amount to which such Subcontractor is entitled, written demand upon the Contractor for amounts
In the event the Owner becomes informed that the previously paid by the Owner as contemplated in this
Contractor has not paid a Subcontractor as herein Subparagraph 5.3.1, the Contractor shall promptly
- provided, the Owner shall have the right, but not the comply with such demand. The Owner shall have no
duty, to issue furore checks in payment to the duty to third parties to withhold payment to the
Contractor of amounts otherwise due hereunder Contractor and shall incur no liability for a failure to
naming the Contractor and such Subcontractor as withhold funds.
joint payees. Such joint check procedure, if
employed by the Owner, shall create no rights in 5.4 UNEXCUSED FAILURE TO PAY
favor of any person or entity beyond the right of the
named payees to payment of the check and shall not 5.4.1 If within fifteen (15) days after the date
be deemed to commit the Owner to repeat the established herein for payment to the Contractor by
procedure in the future, the Owner, the Owner, without cause or basis
hereunder, fails to pay the Contractor any amount
5.2.6 No progress payment, nor any use or then due and payable to the Contractor, then the
occupancy of the Project by the owner, shall be Contractor may after ten (10) additional days' written
interpreted to constitute an acceptance of any Work notice to the Owner and the Architect, and without
not in strict accordance with this Contract. prejudice to any other available rights or remedies it
may have, stop the Work until payment of those
5.3 WITHHELD PAYMENT amounts due from the Owner have been received.
Late payments shall not accrue interest or other late
5.3.1 The Owner may decline to make charges.
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts 5.5 SUBSTANTIAL COMPLETION
previously paid to the Contractor, to protect the
Owner from loss because of: 5.5.1 When the Contractor believes that the
Work is substantially complete, the Contractor shall
(a) defective Work not remedied by the submit to the Architect a list of items to be completed
Contractor nor, in the opinion of the or corrected. When the Architect on the basis of an
Owner, likely to be remedied by the inspection determines that the Work is in fact
Contractor; substantially complete, it will prepare a Certificate of
Substantial Completion which shall establish the date
(b) claims of third parties against the of Substantial Completion, shall state the
Owner or the Owner's property; responsibilities of the Owner and the Contractor for
Project security, maintenance, heat, utilities, damage
(c) failure by the Contractor to pay to the Work, and insurance, and shall fix the time
Subcontractors or others in a prompt within which the Contractor shall complete the items
and proper fashion; listed therein. Guarantees required by the Contract
- shall commence on the date of Substantial
(d) evidence that the balance of the Work Completion of the Work. The Certificate of
cannot be completed in accordance with Substantial Completion shall be submitted to the
the Contract for the unpaid balance of Owner and the Contractor for their written
the Contract Price, acceptance of the responsibilities assigned to them in
such certificate.
(e) evidence that the Work will not be
completed in the time required for Upon Substantial Completion of the Work, and
substantial or final completion; execution by both the Owner and the Contractor of
the Certificate of Substantial Completion, the Owner
CiTY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 28
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
shall pay the Contractor an amount sufficient to 5.6.2 The Contractor shall not be entitled to
increase total payments to the Contractor to one final payment unless and until it submits to the
hundred percent (100%) of the Contract Price less Architect its affidavit that all payrolls, invoices for
three hundred percent (300%) of the reasonable cost materials and equipment, and other liabilities
as determined by the Owner and the Architect for connected with the Work for which the Owner, or the
completing all incomplete Work, correcting and Owner's property might be responsible, have been
bringing into conformance all defective and fully paid or otherwise satisfied; releases and waivers
nonconforming Work, and handling all unsettled of lien from all Subcontractors of the Contractor and
claims, of any and all other parties required by the Architect
or the Owner; consent of Surety, if any, to final
5.6 COMPLETION AND FINAL PAYMENT payment. If any third party fails or refuses to provide
a release of claim or waiver of lien as required by the
5.6.1 When all of the Work is finally Owner, the Contractor shall furnish a bond
complete and the Contractor is ready for a final satisfactory to the Owner to discharge any such lien
inspection, it shall notify the Owner and the Architect or indemnify the Owner from liability.
thereof in writing. Thereupon, the Architect will
make f'mal inspection of the Work and, if the Work is 5.6.3 The Owner shall make final payment of
complete in full accordance with this Contract and all sums due the Contractor within ten (10) days of
this Contract has been fully performed, the Architect the Architect's execution of a final Certificate for
will promptly issue a final Certificate for Payment Payment.
certifying to the Owner that the Project is complete
and the Contractor is entitled to the remainder of the 5.6.4 Acceptance of final payment shall
unpaid Contract Price, less any amount withheld constitute a waiver of all claims against the Owner by
pursuant to this Contract. If the Architect is unable the Contractor except for those claims previously
to issue its final Certificate for Payment and is made in writing against the Owner by the Contractor,
required to repeat its final inspection of the Work, the pending at the time of final payment, and identified
Contractor shall bear the cost of such repeat f'mal in writing by the Contractor as unsettled at the time
inspection(s) which cost may be deducted by the of its request for £mal payment.
Owner from the Contractor's final payment.
5.6.5 Under no circumstance shall Contractor
5.6.1.1 If the Contractor fails to achieve final be entitled to receive interest on any payments or
completion within the time fixed therefor by the monies due Contractor by the Owner, whether the
Architect in its Certificate of Substantial Completion, amount on which the interest may accrue is timely,
the Contractor shall pay the Owner the sum set forth late, wrongfully withheld, or an assessment of
hereinabove as liquidated damages per day for each damages of any kind.
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 ARTICLE VI
payable, not as a penalty, but as liquidated damages
representing an estimate of delay damages likely to THE OVVNER
be sustained by the Owner, estimated at or before the
time of executing this Contract. When the Owner 6,1 INFORMATION~ SERVICES AND THINGS
reasonably believes that final completion will be
inexcusably delayed, the Owner shall be entitled, but REQUIRED FROM OWNER
not required, to withhold from any amounts
otherwise due the Contractor an amount then 6.1.1 The Owner shall furnish to the
believed by the Owner to be adequate to recover Contractor, at the time of executing this Contract, any
liquidated damages applicable to such delays. If and and all written and tangible material in its possession
when the Contractor overcomes the delay in concerning conditions below ground at the site of the
achieving final completion, or any part thereof, for Project.
which the Owner has withheld payment, the Owner
shall promptly release to the Contractor those funds Such written and tangible material is furnished to the
withheld, but no longer applicable, as liquidated Contractor only in order to make complete disclosure
damages, of such material and for no other purpose. By
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, 'I'EXAS 75019 Page 29
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
furnishing such material, the Owner does not ARTICLE VII
represent, warrant, or guarantee its accuracy either in
whole, in part, implicitly or explicitly, or at all, and THE CONTRACTOR
shall have no liability therefor. The Owner shall also
furnish surveys, legal limitations and utility locations 7.1 The Contractor is again reminded of its
(if known), and a legal description of the Project site. continuing duty set forth in Subparagraph 1.5.7. The
Contractor shall perform no part of the Work at any
6.1.2 Excluding permits and fees normally time without adequate Contract Documents or, as
the responsibility of the Contractor, the Owner shall appropriate, approved Shop Drawings, Product Data
obtain all approvals, easements, and the like required or Samples for such portion of the Work. If the
for construction and shall pay for necessary Contractor performs any of the Work knowing it
assessments and charges required for construction, involves a recognized error, inconsistency or
use or occupancy of permanent structures or for omission in the Contract Documents without such
_ permanent changes in existing facilities, notice to the Architect, the Contractor shall bear
responsibility for such performance and shall bear the
6.1.3 The Owner shall furnish the Contractor, cost of correction.
free of charge, one copy of the Contract Documents
for execution of the Work. 7.2 The Contractor shall perform the Work
strictly in accordance with this Contract.
6.2 RIGHT TO STOP WORK
7.3 The Contractor shall supervise and
6.2.1 If the Contractor persistently fails or direct the Work using the Contractor's best skill,
refuses to perform the Work in accordance with this effort and attention. The Contractor shall be
Contract, or if the best interests of the public health, responsible to the Owner for any and all acts or
safety or welfare so require, the Owner may order the omissions of the Contractor, its employees and others
Contractor to stop the Work, or any described portion engaged in the Work on behalf of the Contractor.
thereof, until the cause for stoppage has been
corrected, no longer exists, or the Owner orders that 7.3.1 The Contractor shall give adequate
Work be resumed. In such event, the Contractor attention to the faithful prosecution of the Work and
shall immediately obey such order, the timely completion of this Contract, with authority
to determine the manner and means of performing
-- 6.3 OWNER'S RIGHT TO PERFORM WORK such Work, so long as such methods insure timely
completion and proper performance.
6.3.1 If the Contractor's Work is stopped by
the Owner under Paragraph 6.2, and the Contractor 7.3.2 The Contractor shall exercise all
fails within seven (7) days of such stoppage to appropriate means and measures to insure a safe and
provide adequate assurance to the Owner that the secure jobsite in order to avoid and prevent injury,
cause of such stoppage will be eliminated or damage or loss to persons or property.
-- corrected, then the Owner may, without prejudice to
any other rights or remedies the Owner may have 7.4 W.S, RR,~TY
against the Contractor, proceed to carry out the
_ subject Work. In such a situation, an appropriate 7.4.1 The Contractor warrants to the Owner
Change Order shall be issued deducting from the that all labor furnished to progress the Work under
Contract Price the cost of correcting the subject this Contract will be competent to perform the tasks
deficiencies, plus compensation for the Architect's undertaken, that the product of such labor will yield
.- additional services and expenses necessitated only first-class results, that materials and equipment
thereby, if any. If the unpaid portion of the Contract furnished will be of good quality and new unless
Price is insufficient to cover the amount due the otherwise permitted by this Contract, and that the
Owner, the Contractor shall pay the difference to the Work will be of good quality, free from faults and
-- Owner. 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
CITY OF COPPELL · PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 30
- BID Q-010'1-02 REINFORCED CONCRETE PAVEMENT REPAIRS
for the Work. The Contractor shall comply with all 7.8 The Contractor shall continuously
lawful requirements applicable to the Work and shall maintain at the site, for the benefit of the owner and
give and maintain any and all notices required by the Architect, one record copy of this Contract
-- applicable law pertainingtotheWork, marked to record on a current basis changes,
selections and modifications made during
7.6 SUPERVISION construction. Additionally, the Contractor shall
maintain at the site for the Owner and Architect the
7.6.1 The Contractor shall employ and approved Shop Drawings, Product Data, Samples and
maintain at the Project site only competent other similar required submittals. Upon final
supervisory personnel. Absent written instruction completion of the Work, all of these record
from the Contractor to the contrary, the documents shall be delivered to the Owner.
superintendent stroll be deemed the Contractor's
authorized representative at the site and shall be 7.9 SItOPDRAWlNGS, PRODUCT
authorized to receive and accept any and all
communications from the Owner or the Architect. DATA AND SAMPLES
7.6.2 Key supervisory personnel assigned by the 7.9.1 Shop Drawings, Product Data, Samples
Contractor to this Project are as follows: and other submittals from the Contractor do not
constitute Contract Documents. Their purpose is
NAME FUNCTION 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 o~ 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
So long as the individuals named above remain Contract.
actively employed or retained by the Contractor, they
shall perform the functions indicated next to their 7.10 CLEANING THE SITE
names unless the Owner agrees to the contrary in
writing. In the event one or more individuals not A~O THE PROJECT
listed above subsequently assume one or more of
those functions listed above, the Contractor shall be 7.10.1 The Contractor shall keep the site
bound by the provisions of this Subparagraph 7.6.2 reasonably clean during performance of the Work.
as though such individuals had been listed above. Upon final completion of the Work, the Contractor
shall clean the site and the Project and remove all
7.7 The Contractor, within fifteen (15) days waste, rubbish, temporary structures, and other
of commencing the Work, shall submit to the Owner materials together with all of the Contractor's
and the Architect for their information, the property therefrom. Contractor shall dispose of all
Contractor's schedule for completing the Work. The refuse at a Texas Natural Resource Conservation
- Contractor's schedule shall be revised no less Commission approved landfill. The Contractor shall
frequently than monthly (unless the parties otherwise further restore all property damaged during the
agree in writing) and shall be revised to reflect prosecution of the Work and shall leave the site in a
conditions encountered from time to time and shall clean and presentable condition. No additional
be related to the entire Project. Each such revision payment shall be made by the Owner for this work,
shall be furnished to the Owner and the Architect. the compensation having been considered and
Failure by the Contractor to strictly comply with the included in the contract price.
provisions of this Paragraph 7.7 shall constitute a
mater/al breach of this Contract.
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 31
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
7.11 ACCESS TO WORK AND INSPECTIONS 7.12.2 The Contractor will secure and maintain
Contractual Liability insurance to cover this
7.11.1 The Owner and the Architect shall have indemnification agreement that will be primary and
-- access to the Work at all times from commencement non-contributory as to any insurance maintained by
of the Work through f'mal completion. The the Owner for its own benefit, including self-
Contractor shall take whatever steps necessary to insurance. In addition, Contractor shall obtain and
provide access when requested. When reasonably file with Owner a City of Coppell Standard
requested by the Owner or the Architect, the Certificate of Insurance evidencing the required
Contractor shall perform or cause to be performed coverage.
such testing as may be necessary or appropriate to
- insure suitability of the jobsite or the Work's 7.12.3 In claims against any person or entity
compliance withtheContractrequirements, indemnified under this Paragraph 7.12 by an
employee of the Contractor, a Subcontractor, anyone
7.12 INDEMNITY AND DISCLAIMER directly or indirectly employed by them or anyone
for whose acts they may be liable, the
7.12.1 OWNER SHALL NOT BE LIABLE indemnification obligation under this Paragraph 7.12
OR RESPONSIBLE FOR, AND SHALL BE shall not be limited by a limitation on amount or type
iNDEMNIFIED, DEFENDED, HELD HARMLESS of damages, compensation or benefits payable by or
AND RELEASED BY CONTRACTOR FROM for the Contractor or a Subcontractor under workers'
AND AGAINST ANY AND ALL SUITS, compensation acts, disability benefit acts or other
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR employee benefitacts.
LIABILITY OF ANY CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING ALL EXPENSES OF 7.13 NONDISCRIMINATION
LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO 7.13.1 The Contractor shall not discriminate in
ANY PERSON, OR IN'JURY OR LOSS TO ANY any way against any person, employee or job
PROPERTY, RECEIVED OR SUSTAINED BY applicant on the basis of race, color, creed, national
ANY PERSON OR PERSONS, INCLUDING THE original, religion, age, sex, or disability where
CONTRACTOR, OR PROPERTY, ARISING OUT reasonable accommodations can be effected to enable
OF, OR OCCASIONED BY, DIRECTLY OR the person to perform the essential functions of the
INDIRECTLY, THE PERFORMANCE OF job. The Contractor shall further insure that the
CONTRACTOR UNDER THIS AGREEMENT, foregoing nondiscrimination requirement shall be
INCLUDING CLAIMS AND DAMAGES ARISING made a part and requirement of each subcontract on
IN WHOLE OR IN PART FROM THE this Project.
NEGLIGENCE OF OWNER, WITHOUT,
- HOWEVER, WAIVING ANY GOVERN-MENTAL 7.14 PREVAILING WAGE RATES
IMMUNITY AVAILABLE TO THE OWNER
UNDER TEXAS LAW AND WITHOUT WAIVING 7.14.1 The Contractor shall comply in all
ANY DEFENSES OF THE PARTIES UNDER respects with all requirements imposed by any laws,
TEXAS LAW. THE PROVISIONS OF THIS ordinances or resolutions applicable to the Project
INDEMNI-FICATION ARE SOLELY FOR THE with regard to the minimum prevailing wage rates for
BENEFIT OF THE PARTIES HERETO AND NOT all classes of employees, laborers, subcontractors,
- INTENDED TO CREATE OR GRANT ANY mechanics, workmen and persons furnishing labor
RIGHTS, CONTRACTUAL OR OTHERWISE, TO and services to the Project. The City of Coppell has
ANY OTHER PERSON OR ENTITY. IT IS THE adopted a Prevailing Wage Rate Schedule, available
_ EXPRESSED INTENT OF THE PARTIES TO THIS to the Contractor by request, which specifies the
AGREEMENT THAT THE INDEMNITY classes and wage rates to be paid to all persons. The
PROVIDED FOR IN THIS CONTRACT IS AN Contractor shall pay not less than the minimum wage
INDEMNITY EXTENDED BY CONTRACTOR TO rates established thereby for each class, craft or type
- INDEMNIFY AND PROTECT OWNER FROM of labor, workman, or mechanic employed in the
THE CONSEQUENCES OF THE execution of this Contract. The failure of the
CONTRACTOR'S AS WELL AS THE OWNER'S Contractor to comply with this requirement shall
NEGLIGENCE, WHETHER SUCH NEGLIGENCE result in the forfeiture to the City of Coppell of a sum
IS THE SOLE OR PARTIAL CAUSE OF ANY of not less than Sixty Dollars ($60.00) for each
SUCH INJURY, DEATH, OR DAMAGE. person per day, or portion thereof, that such person is
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 32
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
paid less than the prevailing rate. Upon request by 7.17 PROTECTION OF UTILITIES
the Owner, Contractor shall make available for
inspection and copying its books and records, AND OTHER CONTRACTORS
including but not limited to its payroll records,
account information and other documents as may be 7.17.1 The Contractor shall use best efforts to
required by the Owner to insure compliance with this leave undisturbed and uninterrupted all utilities and
provision, utility services provided to the jobsite or which
- presently exists at, above or beneath the location
7.15 JOB SITE SAFETY PRECAUTIONS where the Work is to be performed. In the event that
any utility or utility service is disturbed or damaged
-- 7.15.1 The Contractor shall at all times during the progress of the Work, the Contractor shall
exercise reasonable precautions for the safety of its forthwith repair, remedy or restore the utility at
employees, laborers, subcontractors, mechanics, Contractor's sole expense.
workmen and others on and near the jobsite and shall
-- comply with all laws, ordinances, regulations, and 7.17.2 The Contractor understands and
standards of federal, state and local safety laws and acknowledges that other contractors of the Owner or
regulations. The Contractor shall provide such of other entities may be present at the jobsite
_ machinery guards, safe walk-ways, ladders, bridges, performing other work unrelated to the Project. The
and other safety devices as may be necessary or Contractor shall use best efforts to work around other
appropriate to insure a safe and secure jobsite and contractors without impeding the work of others
shall require its subcontractors to comply with this while still adhering to the completion date
-- requirement. The Contractor shall immediately established herein. In the event that the Contractor's
comply with any and all safety requirements imposed work is or may be delayed by any other person, the
by the Architect during the progress of the Work. Contractor shall immediately give notice thereof to
_ the Architect and shall request a written Change
7.16 WARNING DEVICES AND BARRICADES Order in accordance with the procedures set forth by
this Contract. The Contractor's failure to provide
7.16.1 The Contractor shall furnish and such notice and to request such Change Order shall
-- constitute a waiver of any and all claims associated
maintain such warning devices, therewith.
barricades, lights, signs, pavement
_ markings, and other devices as may be
necessary or appropriate or required by
the Architect to protect persons or ARTICLE VIII
_ property in, near or adjacent to the
CONTRACT ADMINISTRATION
jobsite, including No separate
compensation shall be paid to the 8.1 THE ARCHITECT
- Contractor for such measures. Where
the Work is being conducted in, upon or g.i.1 When used in this Contract the term
near streets, alleys, sidewalks, or other "Architect" does not necessarily denote a duly
licensed, trained or certified architect; as Used herein,
- rights-of-way, the Contractor shall insure the term shall be used interchangeably and shall
the placement, maintenance and mean a designated Architect, Engineer, or Contract
operation of any and all such warning Administrator (who may, not be an architect or
- devices as may be required by the City engineer) for the Owner, said person to be designated
or redesignated by the Owner prior to or at any time
of Coppell and shall do so until no
during the Work hereunder. The Architect may be an
longer required by the City. Such employee of the Owner or may be retained by the
- devices shall be in compliance with and Owner as an independent contractor but, in either
conform to the manual and event, the Architect's duties and authority shall be as
specifications for the uniform system of set forth hereinafter. The Contractor understands and
- traffic control devices adopted by the agrees that it shall abide by the decisions and
instructions of the Architect notwithstanding the
Texas Department of Transportation. contractual relationship between the Owner and
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 33
- BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
Architect. All of the Owner's instructions to the 8.2.7 The Architect will prepare Change
Contractor shall be through the Architect. Orders and may authorize minor changes in the Work
by Field Order as provided elsewhere herein.
- In the event the Owner should find it necessary or
convenient to replace the Architect, the Owner shall 8.2.8 The Architect shall, upon written
retain a replacement Architect and the status of the request from the Contractor, conduct inspections to
_ replacement Architect shall be that of the former determine the date of Substantial Completion and the
Architect. date of final completion, will receive and forward to
the Owner for the Owner's review and records,
8.2 ARCHITECT'S ADMINISTRATION written warranties and related documents required by
this Contract and will issue a final Certificate for
8.2.1 The Architect, unless otherwise directed Payment upon compliance with the requirements of
by the Owner in writing, will perform those duties this Contract.
and discharge those responsibilities allocated to the
Architect as set forth in this Contract. The Architect 8.2.9 The Architect's decisions in matters
shall be the Owner's representative from the effective relating to aesthetic effect shall be final if consistent
date of this Contract until final payment has been with the intent of this Contract.
made.
8.3 CLAIMS BY THE CONTRACTOR
8.2.2 The Owner and the Contractor shall
communicate with each other in the first instance 8.3.1 The Architect shall determine all claims
through the Architect. and matters in dispute between the Contractor and
Owner with regard to the execution, progress, or
8.2.3 The Architect shall be the initial sufficiency of the Work or the interpretation of the
interpreter of the requirements of the drawings and Contract Documents, including but not limited to the
specifications and the judge of the performance plans and specifications. Any dispute shall be
thereunder by the Contractor. The Architect shall submitted in writing to the Architect within seven (7)
render written or graphic interpretations necessary days of the event or occurrence or the fa'st
for the proper execution or progress of the Work with appearance of the condition giving rise to the claim
reasonable promptness on request of the Contractor. or dispute who shall render a written decision within
a reasonable time thereafter. The Architect's
8.2.4 The Architect will review the decisions shall be final and binding on the parties. In
Contractor's Applications for Payment and will the event that either party objects to the Architect's
certify to the Owner for payment to the Contractor, determination as to any submitted dispute, that party
those amounts then due the Contractor as provided in shall submit a written objection to the Architect and
this Contract. the opposing party within ten (10) days of receipt of
the Architect's written determination in order to
8.2.5 The Architect shall have authority to preserve the objection. Failure to so object shall
reject Work which is defective or does not conform constitute a waiver of the objection for all purposes.
to the requirements of this Contract. If the Architect
deems it necessary or advisable, the Architect shall 8.3.2 Pending f'mal resolution of any claim of
have authority to require additional inspection or the Contractor, the Contractor shall diligently
testing of the Work for compliance with Contract proceed with performance of this Contract and the
requirements. Owner shall continue to make payments to the
Contractor in accordance with this Contract.
8.2.6 The Architect will review and approve,
or take other appropriate action as necessary, 8.3.3 CLAIMS FOR CONCEALED, LATENT OR
concerning the Contractor's submittals including UNKNOWN CONDITIONS- The Contractor expressly
Shop Drawings, Product Data and Samples. Such represents that it has been provided with an adequate
review, approval or other action shall be for the sole opportunity to inspect the Project site and thoroughly
purpose of determining conformance with the design review the Contract Documents and plans and
concept and information given through the Contract specifications prior to submission of its bid and the
Documents. Owner's acceptance of the bid. Subject to the
conditions hereof, Contractor assumes full
responsibility and risk for any concealed, latent or
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page ~4
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
unknown condition which may affect the Work. No whatsoever including any act or neglect on the part of
claims for extra work or additional compensation the Owner.
shall be made by Contractor in connection with
concealed, latent or unknown conditions except as 8.3.5 CLAIMS FOR ADDITIONAL TIME- If the
expressly provided herein. Should concealed, latent Contractor is delayed in progressing any task which
or unknown conditions encountered in the at the time of the delay is then critical or which
performance of the Work (a) below the surface of the during the delay becomes critical, as the sole result of
- ground or (b) in an existing structure be at variance any act or neglect to act by the Owner or someone
with the conditions indicated by this Contract, or acting in the Owner's behalf, or by changes ordered
should unknown conditions of an unusual nature in the Work, unusual delay in transportation,
differing materially from those ordinarily unusually adverse weather conditions not reasonably
encountered in the area and generally recognized as anticipated, fire or any causes beyond the
inherent in Work of the character provided for in this Contractor's control, then the date for achieving
Contract, be encountered, the Contract Price shall be Substantial Completion of the Work shall be
equitably adjusted by Change Order upon the written extended upon the written notice and claim of the
notice and claim by either party made within seven Contractor to the Owner and the Architect, for such
(7) days after the tn:st observance of the condition, reasonable time as the Architect may determine. Any
_ As a condition precedent to the Owner having any notice and claim for an extension of time by the
liability to the Contractor for concealed or unknown Contractor shall be made not more than seven (7)
conditions, the Contractor must give the Owner and days after the occurrence of the event or the first
the Architect written notice of, and an opportunity to appearance of the condition giving rise to the claim
- observe, the condition prior to disturbing it. The and shall set forth in detail the Contractor's basis for
failure by the Contractor to make the written notice requiring additional time in which to complete the
and claim as provided in this Subparagraph shall Project. In the event the delay to the Contractor is a
_ constitute a waiver by the Contractor of any claim continuing one, only one notice and claim for
arising out of or relating to such concealed, latent or additional time shall be necessary. If the Contractor
unknown condition and the Contractor thereby fails to make such claim as required in this
assumes all risks and additional costs associated Subparagraph, any claim for an extension of time
therewith, shall be waived. The procedures and remedies
provided by this provision shall be the sole remedy of
8.3.4 CLAIMS FORADDITIONAL CosTs-If the Contractor and Contractor shall not assert nor be
Contractor wishes to make a claim for an increase in entitled to any additional delays or damages
the Contract Price, as a condition precedent to any associated therewith.
liability of the Owner therefor, the Contractor shall
give the Architect written notice of such claim within 8.4 FIELD ORDERS
-- seven (7) days after the occurrence of the event, or
the first appearance of the condition, giving rise to 8.4.1 The Architect shall have authority to
such claim. Such notice shall be given by the order minor changes in the Work not h~volving a
_ Contractor before proceeding to execute any change in the Contract Price or in Contract Time and
additional or changed Work. The failure by the not inconsistent with the intent of the Contract. Such
Contractor to give such notice and to give such notice changes shall be effected by Field Order and shall be
prior to executing the Work shall constitute a waiver binding upon the Contractor. The Contractor shall
- of any claim for additional compensation, carry out such Field Orders promptly.
8.3.4.1 In connection with any claim by the 8.5 MEDIATION
Contractor against the Owner for compensation in
excess of the Contract Price, any liability of the 8.5.1 In the event that a dispute arises under
Owner for the Contractor's costs shall be strictly the terms of this Contract, following an adverse
limited to direct costs incurred by the Contractor and determination by the Architect and proper
-- shall in no event include indirect costs or preservation of the issue as required herein, the
consequential damages of the Contractor. The parties agree to submit to mediation. In such event,
Owner shall not be liable to the Contractor for claims the parties shall agree to a designated person to serve
_ of third parties, including Subcontractors. The Owner as mediator and each party shall be responsible for
shall not be liable to the Contractor for any claims payment of one-half of the total mediation fees. The
based'upon delay to the Contractor for any reason parties shall submit the dispute to mediation as soon
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 35
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
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 ARTICLE X
must attend and participate in good faith in an effort
to resolve the matters in dispute. CHANGES IN THE WORK
8.5.2 In no event shall the foregoing 10.1 CHANGES PERMITTED
provision justify or authorize any delay in the
progress of the Work; the parties shall abide by the 10.1.1 Changes in the Work within the general
decision of the Architect in accomplishing the timely scope of this Contract, consisting of additions,
completion of the Project. deletions, revisions, or any combination thereof, may
be ordered without invalidating this Contract, by
Change Order or by Field Order.
ARTICLE IX 10.1.2 Changes in the Work shall be
performed under applicable provisions of this
SUBCONTRACTORS Contract and the Contractor shall proceed promptly
with such changes.
9.1 DEFINITION
10.2 CHANGE ORDER DEFINED
9.1.1 A Subcontractor is an entity which has
a direct contract with the Contractor to perform a 10.2.1 Change Order shall mean a written
portion of the Work. No Subcontractor shall be in order to the Contractor executed by the Owner and
privity with the Owner. the Architect, issued after execution of this Contract,
authorizing and directing a change in the Work or an
9.2 AWARD OFSUBCONTRACTS adjustment in the Contract Price or the Contract
Time, or any combination thereof. The Contract
9.2.1 Upon execution of the Contract, the Price and the Contract Time may be changed only by
Contractor shall furnish the Owner, in writing, the written Change Order.
names of persons or entities proposed by the
Contractor to act as a Subcontractor on the Project. 103 CHANGES IN THE CONTRACT PRICE
The Owner shall promptly reply to the Contractor, in
writing, stating any objections the Owner may have 10.3.1 Any change in the Contract Price
to such proposed Subcontractor. The Contractor resulting from a Change Order shall be determined as
shall not enter into a subcontract with a proposed follows: (a)by mutual agreement between the Owner
Subcontractor with reference to whom the Owner has and the Contractor as evidenced by (1) the change in
made timely objection. The Contractor shall not be the Contract Price being set forth in the Change
required to subcontract with any party to whom the Order, (2) such change in the Contract Price, together
-- Contractor has objection, with any conditions or requirements related thereto,
being initialed by both parties and (3) the
9.2.2 All subcontracts shall afford the Contractor's execution of the Change Order, or (b) if
Contractor rights against the Subcontractor which no mutual agreement occurs between the Owner and
correspond to those rights afforded to the Owner the Contractor, then, as provided in Subparagraph
against the Contractor herein, including those rights 10.3.2 below.
afforded to the Owner by Subparagraph 12.2.1
- below. All subcontracts shall incorporate by 10.3.2 If no mutual agreement occurs between
reference the provisions hereof and shall provide that the Owner and the Contractor as contemplated in
no claims, causes or demands shall be made by any Subparagraph 10.3.1 above, the change in the
Subcontractor against the Owner. Contract Price, if any, shall then be determined by
-- the Architect on the basis of the reasonable
9.2.3 The Contractor shall indemnify, defend expenditures or savings of those performing, deleting
and hold harmless the Owner from and against any or revising the Work attributable to the change,
-- and all claims, demands, causes of action, damage, including, in the case of an increase or decrease in
and liability asserted or made against the Owner by the Contract Price, a reasonable allowance for direct
or on behalf of any Subcontractor. job site overhead and profit. In such case, the
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD., COPPELL, TEXAS 75019 Page :~6
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
Contractor shall present, in such form and with such releases any claim against the Owner for additional
content as the Owner or the Architect requires, an time or compensation for matters relating to or
itemized accounting of such expenditures or savings, arising out of or resulting from the Work included
plus appropriate supporting data for inclusion in a within or affected by the executed Change Order.
Change Order. Reasonable expenditures or savings
shall be limited to the following: reasonable costs of 10.6 NOTICE TO SURETY; CONSENT
materials, supplies, or equipment including delivery
costs, reasonable costs of labor, including social 10.6.1 The Contractor shall notify and obtain
security, old age and unemployment insurance, fringe the consent and approval of the Contractor's surety
benefits required by agreement or custom, and with reference to all Change Orders if such notice,
workers' compensation insurance, reasonable rental consent or approval are required by the Contractor's
costs of machinery and equipment exclusive of hand surety or by law. The Contractor's execution of the
tools whether rented from the Contractor or others, Change Order shall constitute the Contractor's
reasonable costs of premiums for all bonds and warranty to the Owner that the surety has been
insurance, permit fees, and sales, use or other taxes notified of and consents to, such Change Order and
related to the Work, and reasonable cost of direct the surety shall be conclusively deemed to have been
supervision and jobsite field office overhead directly notified of such Change Order and to have expressly
_ attributable to the change. In no event shall any consented thereto.
expenditure or savings associated with the
Contractor's home office or other non-jobsite ARTICLE XI
overhead expense be included in any change in the
Contract Price. Pending fmal determination of UNCOVERING AND CORRECTING WORK
reasonable expenditures or savings to the Owner,
payments on account shall be made to the Contractor 11.1 UNCOVERING WORK
on the Architect's Certificate for Payment.
11.1.1 If any of the Work is covered contrary
10.3.3 If unit prices are provided in the to the Architect's request or to any provisions of this
Contract, and if the quantities contemplated are so Contract, it shall, if required by the Architect or the
changed in a proposed Change Order that application Owner, be uncovered for the Architect's inspection
of such unit prices to the quantities of Work proposed and shall be properly replaced at the Contractor's
will cause substantial inequity to the Owner or to the
expense without change in the Contract Time.
Contractor, the applicable unit prices shall be
equitably adjusted. 11.1.2 If any of the Work is covered in a
manner not inconsistent with Subparagraph 11.1.1
10.4 MINOR CHANGES above, it shall, if required by the Architect or Owner,
be uncovered for the Architect's inspection. If such
10.4.1 The Architect shall have authority to Work conforms strictly with this Contract, costs of
order minor changes in the Work not involving a uncovering and proper replacement shall by Change
_ change in the Contract Price or an extension of the Order be charged to the Owner. If such Work does
Contract Time and not inconsistent with the intent of not strictly conform with this Contract, the
this Contract. Such minor changes shall be made by Contractor shall pay the costs of uncovering and
written Field Order, and shall be binding upon the proper replacement.
- owner and the Contractor. The Contractor shall
promptly carry out such written Field Orders. 11.2 CORRECTING WORK
10.5 EFFECT OF EXECUTED 11.2.1 The Contractor shall immediately
proceed to correct Work rejected by the Architect as
CHANGE ORDER defective or failing to conform to this Contract. The
Contractor shall pay all costs and expenses associated
-- 10.5.1 The execution of a Change Order by the with correcting such rejected Work, including any
Contractor shall constitute conclusive evidence of the additional testing and inspections, and reimbursement
Contractor's agreement to the ordered changes inthe to the Owner for the Architect's services and
_ Work, this Contract as thus amended, the Contract expenses made necessary thereby.
Price and the Contract Time. The Contractor, by
executing the Change Order, waives and forever
CITY OF COPPELL · PURCHASING DEPARTMENT ° 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 37
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
11.2.2 If within one (1) year after Substantial days' written notice to the Owner and the Architect,
Completion of the Work any of the Work is found to terminate performance under this Contract and
be defective or not in accordance with this Contract, recover from the Owner payment for the actual
the Contractor shall correct it promptly upon receipt reasonable expenditures of the Contractor (as limited
of written notice from the Owner. This obligation in Subparagraph 10.3.2 above) for all Work executed
shall survive f'mal payment by the Owner and and for materials, equipment, tools, construction
termination of this Contract. With respect to Work equipment and machinery actually purchased or
first performed and completed after Substantial rented solely for the Work, less any salvage value of
Completion, this one year obligation to specifically any such items.
correct defective and nonconforming Work shall be
extended by the period of time which elapses 12.1.2 If the Owner shall persistently or
between Substantial Completion and completion of repeatedly fail to perform any material obligation to
the subject Work. the Contractor for a period of fifteen (15) days after
receiving written notice from the Contractor of its
- 11.2.3 Nothing contained in this Paragraph intent to terminate hereunder, the Contractor may
11.2 shall establish any period of limitation with terminate performance under this Contract by written
respect to other obligations which the Contractor has notice to the Architect and the Owner. In such event,
- under this Contract. Establishment of the one year the Contractor shall be entitled to recover from the
time period in Subparagraph 11.2.2 relates only to Owner as though the Owner had terminated the
the duty of the Contractor to specifically correct the Contractor's performance under this Contract for
Work. convenience pursuant to Subparagraph 12.2.1
-- hereunder.
11.3 OWNER1VIAY ACCEPT DEFECTIVE
12.2 TERMINATION BY THE OWNER
OR NONCONFORMING WORK
12.2.1 FOR CONVENIENCE
11.3.1 If the Owner chooses to accept
defective or nonconforming Work, the Owner may 12.2.1.1 The Owner may for any reason
do so. In such event, the Contract Price shall be whatsoever terminate performance under this
reduced by the greater of (a) the reasonable cost of Contract by the Contractor for convenience. The
removing and correcting the defective or Owner shall give written notice of such termination
-- nonconforming Work, and (b) the difference between to the Con~xactor specifying when termination
the fair market value of the Project as constructed becomes effective.
and the fair market value of the Project had it not
been constructed in such a manner as to include 12.2.1.2 The Contractor shall incur no further
-- defective or nonconforming Work. If the remaining obligations in connection with the Work and the
portion of the unpaid Contract Price, if any, is Contractor shall stop Work when such termination
insufficient to compensate the Owner for its becomes effective. The Contractor shall also
_ acceptance of defective or nonconforming Work, the terminate outstanding orders and subcontracts. The
Contractor shall, upon written demand from the Contractor shall settle the liabilities and claims
Owner, pay the Owner such remaining compensation arising out of the termination of subcontracts and
for accepting defective or nonconforming Work. orders. The Owner may direct the Contractor to
-- assign the Contractor's right, title and interest under
ARTICLE XII terminated orders or subcontracts to the Owner or its
designee.
_ CONTRACT TERMINATION
12.2.1.3 The Conlxactor shall transfer title and
12.1 TERMINATION BY THE CONTRACTOR deliver to the Owner such completed or partially
completed Work and materials, equipment, parts,
-- 12.1.1 If the Work is stopped for a period of fixtures, information and Contract rights as the
ninety (90) days by an order of any court or other Contractor has.
public authority, or as a result of an act of the
_ Government, through no fault of the Contractor or 12.2.1.4 (a) The Contractor shall submit a
any person or entity working directly or indirectly for termination claim to the Owner and
the Contractor, the Contractor may, upon ten (10) the Architect specifying the amounts
CITY OF COPPELL · PURCHASING DEPARTMENT ° 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 38
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
due because of the termination for amount of payments otherwise made, and shall in no
convenience together with costs, event include duplication of payment.
pricing or other data required by the
Architect. If the Contractor fails to 12.2.2 FOR C.4USE
file a termination claim within one
(1) year from the effective date of 12.2.2.1 If the Contractor persistently or
termination, the Owner shall pay the repeatedly refuses or fails to prosecute the Work in a
Contractor, an amount derived in timely manner, abandons the jobsite and fails to
accordance with subparagraph (c) resume work within five (5) days of written notice
below, thereof by the Owner, fails to grant or allow access to
the jobsite by the Owner or Architect, fails to supply
(b) The Owner and the Contxactor may enough properly skilled workers, supervisory
agree to the compensation, if any, due personnel or proper equipment or materials, fails to
to the Contractor hereunder, make prompt payment to Subcontractors or for
materials or labor, persistently disregards laws,
(c) Absent agreement to the amount due ordinances, roles, regulations or orders of any public
to the Contractor, the Owner shall authority having jurisdiction, or otherwise is guilty of
pay the Contractor the following a violation of a material provision of this Contract,
amounts: then the Owner may by written notice to the
Contractor, without prejudice to any other right or
(i) Contract prices for labor, materials, remedy, terminate the employment of the Contractor
equipment and other services and take possession of the site and of all materials,
accepted under this Contract; equipment, tools, construction equipment and
machinery thereon owned by the Contractor and may
(ii) Reasonable costs incurred in f'mish the Work by whatever methods it may deem
preparing to perform and in expedient. In such case, the Contractor shall not be
performing the terminated portion of entitled to receive any further payment until the
the Work, and in terminating the Work is f'mished.
-- Contractor's performance, plus a fair
and reasonable allowance for 12.2.2.2 If the unpaid balance of the Contract
overhead and profit thereon (such Price does not exceed the cost of fmishing the work,
_ profit shall not include anticipated including compensation for the Architect's additional
profit or consequential damages), services and expenses made necessary thereby, such
provided however, that if it appears difference shall be paid by the Contractor to the
that the Contractor would have not Owner. This obligation for payment shall survive the
- profited or would have sustained a termination of the Contract.
loss if the entire Contract would have
been completed, no profit shall be 12.2.2.3 In the event the employment of the
_ allowed or included and the amount Contractor is terminated by the Owner for cause
of compensation shall be reduced to pursuant to Subparagraph 12.2.2 and it is
reflect the anticipated rate of loss, if subsequently determined by a Court of competent
any; jurisdiction that such termination was without cause,
-- such termination shall thereupon be deemed a
(iii) Reasonable costs of settling and Termination for Convenience under Subparagraph
paying claims arising out of the 12.2.1 and the provisions of Subparagraph 12.2.1
_ termination of subcontracts or orders shall apply.
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
CITY OF COPPELL ', PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 39
__ BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
ARTICLE XIII Excess/Umbrella Liability $1,000,000 per occurrence
INSURANCE w/drop down coverage
13.1 CONTRACTOR SHALL
Endorsement CG 2503 Amendment Aggregate
MAINTAIN INSURANCE Limit of Insurance per
Project or Owner's and
-- 13.1.1 The Contractor at his own expense shall Contractor's Protective
purchase, maintain and keep in force during the life Liability Insurance for the
of this contract, adequate insurance that will protect Project.
the Contractor and/or any Additional Insured from
claims which may arise out of or result from Automobile Liability $500,000 Combined
operations under this contract. The insurance single limit per
required shall provide adequate protections from all occurrence.
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 13.3 ADDITIONAL INSURED
Of' them, or by anyone whose acts of any of them may The Owner shall be named as an additional insured
be liable and from any special hazards, such as
on the Commercial General Liability (Public),
blasting, which may be encountered in the Owner's Protective Liability, and Excess/Umbrella
performance of this contract in the amounts as shown Liability Insurance Policies furnished by the
-- below in Paragraph 13.2.1. Contractor.
13.1.2 The Contractor shall not commence 13.4 WRITrENNOTIFICATION
work on any Contract in the City of Coppell until the
Contractor has obtained all the insurance required Each insurance policy shall contain a provision
under this paragraph and such insurance has been requiring that thirty (30) days prior to expiration,
approved by the City. cancellation, non-renewal or any material change in
-- coverage, a notice there of shall be given by certified
13.2 TYeES AND AMOUNTS OF mail to the Division of Purchasing, City of Coppell,
255 Parkway Blvd., Coppell, Texas, 75019.
CONTRACTOR'S INSURANCE
13.5 PREMIUMS AND ASSESSMENTS
13.2. I. The Contractor shall furnish and
maintain during the life of the contract adequate Companies issuing the insurance policies shall have
-- Worker's Compensation and Commercial General
no recourse against the City for payment of any
Liability (Public) Insurance in such amounts as premiums or assessments for any deductibles which
follows: are at the sole responsibility and risk of the
_ Contractor.
Type of Insurance Amount
13.6 CERTIFICATE OF INSURANCE
Worker's Compensation as set forth in the Worker's
-- Compensation Act. Proof that the insurance is in force shall be furnished
to the City on City of Coppell Standard Certificate of
Commercial General $1,000,000 Each Insurance Forms. In the event any insurance policy
Accident/Occurrence. shown on the Certificate of Insurance has an
expiration date that is prior to the completion and
Liability (Public) $1,000,000 Aggregate final acceptance of the project by the City of Coppell,
$1,000,000 Products & the contractor shall furnish the City proof of identical
_ Completed Operations continued coverage no later than thirty(30) days prior
Aggregate. to the expiration date shown on the Certificate of
Insurance.
Owner's Protective $600,000 per occurrence
-- Liability Insurance $1,000,000 aggregate
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page40
_ BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
13.7 PRIMARY COVERAGE within 10 days after the contractor knew
or should have known, of any change that
The coverages provided herein shall be primary and materially affects the provision of
_ noncontributory with any other insurance maintained coverage of any person providing services
by the City of Coppell, Texas, for its benefit,
on the project;
including self insurance.
13.8 WORKER'S COMPENSATION (7) post a notice on each project site
informing all persons providing services
INSURANCE COVERAGE on the project that they are required to be
covered, and stating how a person may
_ 13.8.1 The Contractor shall: verify current coverage and report failure
to provide coverage. This notice does not
(1) provide coverage for its employees satisfy other posting requirements
providing services on a project, for the imposed by the Act or other commission
-- duration of the project based on proper rules. This notice must be printed with a
reporting of classification codes and title in at least 30 point bold type and text
payroll amounts and filing of any in at least 19 point normal type, and shall
_ coverage agreements; be in both English and Spanish and any
other language common to the worker
(2) provide a certificate of coverage showing population. The text for the notices shall
workers' compensation coverage to the be the following text provided by the
_ governmental entity prior to beginning Texas Worker's Compensation Comm-
work on the project; ission on the sample notice, without any
additional words or changes:
(3) provide the governmental entity prior to
-- the end of the coverage period, a new
certificate of coverage showing extension
REQUIRED WORKERS' COMPENSATION
of coverage, if the coverage period shown COVERAGE
on the contractor's current certificate of
coverage ends during the duration of the
"The law requires that each person working on this
project; site or providing services related to this construction
project must be covered by workers' compensation
-- (4) obtain from each person providing insurance. This includes persons providing, hauling,
services on a project, and provide to the or delivering equipment or materials, or providing
governmental entity: labor or transportation or other service related to the
-- project, regardless of the identity of their employer or
(A) a certificate of coverage, prior to that
status as an employee."
person beginning work on the project,
so the governmental entity will have "Call the Texas Workers' Compensation Commission
-- on file certificates of coverage at 512-440-3789 to receive information on the legal
showing coverage for all persons requirement for coverage, to verify whether your
providing services on the project; and
employer has provided the required coverage, or to
_ (B) no later than seven days after receipt report an employer's failure to provide coverage."
by the contractor, a new certificate of
coverage showing extension of and
coverage, if the coverage period
-- shown on the current certificate of
coverage ends during the duration of (8) contractually require each person with
whom it contracts to provide services on a
the project; project, to:
-- (5) retain all required certificates of coverage (A) provide coverage based on proper
on file for the duration of the project and
reporting of classification codes
for one year thereafter; and payroll amounts and filing of
-- any coverage agreements for all of
(6) notify the governmental entity in writing its employees providing services on
by certified mail or personal delivery,
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 41
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
the project, for the duration of the paragraphs (A) (H) of this
project; paragraph, with the certificate of
coverage to be provided to the
(B) provide a certificate of coverage to person for whom they are
the contractor prior to that person providing services.
beginning work on the project;
(C) include in all contracts to provide ARTICLE XIV
services on the project the language
in subsection (e)(3) of this rule; MISCELLANEOUS
(D) provide the Contractor, prior to the 14.1 LAWS AND ORDINANCES
end of the coverage period, a new
certificate of coverage showing 14.1.1 The Contractor shall at all times and in
extension of coverage, if the all respects observe and comply with all federal, state
coverage period shown on the and local laws, ordinances, and regulations applicable
current certificate of coverage ends to the Project and Work. The Contractor shall further
_ during the duration of the project; insure that all Subcontractors observe and comply
with said laws, ordinances and regulations.
(E) obtain from each other person with
whom it contracts, and provide to 14.2 GOVERNING LAW
the Contractor:
14.2.1 The Contract shall be governed by the
(i) a certificate of coverage, laws of the State of Texas. Venue for any causes of
prior to the other person action arising under the terms or provisions of this
beginning work on the Contract or the Work to be performed hereunder
project; and shall be in the courts of Dallas County, Texas.
-- (ii) prior to the end of the 14.3 SUCCESSORS ANDASSIGNS
coverage period, a new
certificate of coverage 14.3.1 The Owner and Contractor bind
_ showing extension of the themselves, their successors, assigns and legal
coverage period, if the representatives to the other party hereto and to
coverage period shown on
successors, assigns and legal representatives of such
the current certificate of other party in respect to covenants, agreements and
-- coverage ends during the obligations contained in this Contract. The
duration oftheproject; Contractor shall not assign this Contract without
written consent of the Owner.
(F) retain all required certificates of
coverage on file for the duration of 14.4 SURETY BONDS
the project and for one year
thereafter; 14.4.1 If the Contract Price exceeds the sum of
-- $25,000.00, the Contractor shall furnish separate
(G) notify the governmental entity in performance and payment bonds to the Owner,
writing by certified mail or according to the requirements set out in the bid
personal delivery, within 10 days documents and state statutes to guaranty full and
-- after the person knew or should
faithful performance of the Contract and the full and
have known, of any change that fmal payment of all persons supplying labor or
materially affects the provision of materials to the Project. Each bond required by the
_ coverage of any person providing bid documents or state statute shall set forth a penal
services on the project; and
sum in an amount not less than the Contract Price.
Each bond furnished by the Contractor shall
(H) contractually require each other
incorporate by reference the terms of this Contract as
-- person with whom it contracts, to
fully as though they were set forth verbatim in such
perform as required by sub- bonds. In the event the Contract Price is adjusted by
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 42
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
Change Order executed by the Contractor, the penal a written designation of change of address delivered
sum of both the performance bond and the payment to all parties and the Architect.
bond shall be deemed increased by like amount. The
performance and payment bonds furnished by the
Contractor shall be in form suitable to the Owner and
shall be executed by a surety, or sureties, reasonably
suitable to the Owner and authorized to do business
in the State of Texas by the State Board of Insurance.
14.4.2 If the Contract Price exceeds the sum of
$25,000.00, the Contractor, upon execution of the
Contract and prior to commencement of the Work,
shall furnish to the Owner a two-year maintenance
bond in the amount of one hundred percent (100%)
of the Contract Price covering the guaranty and
maintenance prescribed herein, written by an
approved surety authorized and duly licensed to
conduct business in the State of Texas. The cost of
said maintenance bond shall be included in the
Contractor's unit bid prices and shall be paid by the
Contractor.
14.5 SEVERABILITY
14.5.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not be included herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to
any nonperformance or nonconforming work or to
enforce any provision hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
Contract, nor shall such failure to object or enforce
estop the Owner from insisting on strict compliance
with this Contract or from recovering damages, costs
or expenses arising as a result of such
nonperformance or nonconforming work.
14.7 NOTICES
14.6.1 All notices requked 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
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 43
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
EXECUTED in single or multiple originals, this 13 th day of March ., 2001
CITY OF COPPELL CONTRACTOR: NOVA GONSTRUGTION G0.INC.
_ City~ager
MIGUEL GUZMAN-AUTHORIZED AGENT
(Type/Print Name and Title)
- ATTEST: 10514 Wire Way
(Street Address)
City'S ecreta~ .... (City/State/Zip)
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page44
BID Q-0101-02 REINFORCED CONCRETE PAVEMENT REPAIRS
-- CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
- appeared:
MIGUEL GUZMAN AUTHORIZED AGENT
(Print Name.) (Print Title)
_ of NOVA CONSTRUCTION CO., Ina She Contractor designated hereinabove, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the
board of directors of such corporation and that he executed the same as the act and deed of such corporation for the
- purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 13;Izhiay c~ biarch , A.D., 2001 .
xx-qv ..:~"~;:t.?~' '~ Notary Public In and For
~ .:%~5 ,t /d: ~ County, Taxa.~
IHE ~STATE OF IEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation,
known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged
-- to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly
authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she
executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this~)-- day of )/')' ~d h ~,_~.D.,
My Commission expels: ~
CITY OF COPPELL · PURCHASING DEPARTMENT ° 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 45
CERTIFICATE OF LIABILI INSURANCE
PRODUCER ~lS C~TIFI~ IS I~ED ~ A ~ ~ INP~TI~
~ D~ ~LY ~ ~ERS NO RIGHTS ~ ~E C~TIFI~TE
H~, ~1S CERTIFI~TE DO~ NOT ~D, ~T~D
5520 LBJ Freeway, Suite 600 ~T~ ~E ~AGE ~F~D~ ~ ~E ~ICIES B~.
Dallas, TX 75240
972 385-9922 ~N~R~S~F~OING
,"'~0 ~s:~:Safe'co insuranee company of ~.eric
Nova Construction Company, Inc. ~,~.~s~:Trinity Universal Insurance Compa~
10514 Wireway Drive '-
Dallas, TX 75220-2321 ~s.,~ ~: __
~Y ~I~T, T~ ~ ~D~ ~ ~V ~4~CT ~ OTHER O~M~T ~ ~CT TC ~%~1~ TH~ ~FICATE
~.Y P~N. ~E ~ ~F~ BY ~E P~QES OE~ H~N IS ~BJE~ ~ ~L THE TE~S. ~CLU~'4S~O ~D~I~S
~ES ~ LIMffS ~O~ ~Y HA~ ~ ~Db~ 5Y P~D
LTR ~PEOF 'NSURANCE ; ~L:CYNUMBER DArE [MMIO3t~ DATE ~M~ID~ = L~ M~TS
ENERALL;ABILI~ jCP930395! i0/01/00 f0/01./01 :~A~=ccu,~'~c~ ~s!,000,000
A AU~OMOB:LE,;AB;L,~ BA9303951 10/01/00 i0/01/0' ~
--~ ~o~os:~s~:u,~ ~1 000,000
___~ ALL OWNED AJ~CS ~OF),L.Y '~,J~Y
-
----~ ~ ~ROP~ DAMAGE
A ~x~su,.,.~ iUL9303951 10/0i/00 i0/01/O' '~Ac~occu~c~
' ' 000
~XJ~-~T~ ~10000 ',~
B ]WO,KE,S=OM,E~A~O~ANO IWC7037508 04/09/00 04/09/0" ~v,'s~A~s ~-'
~ ~-O~'~ V"'S ~ I ~ ~ ___
D ESCR~PT ON OF OPERATiONStLOC~ION$ VEH:CL~/EXOLU$:ON~ ADDED [Y ENd,S [~ ~7/$PEC~A ~ ~OV~ON5
General Liability includes Additional Insured in fever o~ Cer=ificate
Holder
CERTIHICATE HOLDER ; ; ADCIT,ONAL~N$~RED; N~URER L~'-~¥~R CANCELLATION
; ~HOULDANYOF ~EABOVE DESCR ~ED~LIC~Eg B ECA~CELLEO BEFORE T~ E ~[~T ON
Box 478 ~NOT~CETOT~ECER~I~;CATEPOLD~HNAMED]OTHELEFT, 9UTFAILUH~3OSHALL
~ AUthOR ZED
ac~o~-s(%.~! off 2 %S64~82/M58032 CMD
IMPORTANT
If the ~rtificate n~c~er is an ADDITIONAL INS~JRED, t~e policv(ies; most be enc~or~a. A statement
-- c~. this cerliflcate does r~o( c(~fer righ~tothe ce.,lJflcate holder in lieu otsd~ en0o'sen~e'~t~si~.
If SUBROGATION IS WAIVED, s~bject t~ the terms and concitior-s oftne policy, ce:"~ain ,..,-ohdes may
_ requi'e an endorsement A statement on this certificate ages not confer rights To the c~tif,,cate
holder in lieu of such endorsement(si.
DISCLAIMER
The Certificate of Instance on the reverse side of ~'is form eoesnot r×:~'~sttule ~ contract betv,.een
lne issuing insurer{s), authorizec representative or p'oducer, and ~e certificat~ holder, r'or does it
aff, rmativeiy or r-egatively amecd, exte~d or alter t~'e cc~era~e afforded b~/th~ ~.ot!cies iiste:Jtl~ereon.
ACO~D2S-S(?,'S?)2 of 2 #S64182/M58032
TEXAS STATUTORY PERFORMANCE BOND (PUBLIC WORKS)
BOND NO. XLSF-01597 BCM
KNOW ALL MEN BY THESE PRESENTS:
THAT, NOVA CONSTRUCTION COMPANY, INC., 10514 WIRE W,~ ¥~
DALLAS~ TX 75220-2321, (hereinafter called the Principal), as Principal, and
XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing under the laws
of the State of ILLINOIS, licensed to do business in the State of.Texas and admitted to write bonds,
as surety, (hereinafter called the Surety), are held and firmly bound unto CITY OF COPPELL,
255 PARKWAY BLVD., COPPELL, TX 75019, (hereinafter called the Obligee), in the amount of'
THREE HUNDRED FIFTY THOUSAND AND 00/100 Dollars
($ 350,000.00)f.or the payment whereof., the said Principal and Surety bind themselves, and their
heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with, dated the 3/13/2001, for
REINFORCED CONCRETE PAVEMENT REPAIRS, PROJECT #ST 01-01
which contract is hereby referred to and made a part hereof' as fully and to the same extent as if copied
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if.the
said principal shall faithfully perform the work in accordance with the plans, specifications and
contract documents, then this obligation shall be null and void; otherwise to remain in full f.orce and
effect;
PROVIDED, HOWEVER, That this bond is executed pursuant to the provisions of. Chapter 2253
of the Texas Government Code and all liabilities on this bond shall be determined in accordance with
the provisions, conditions and limitations of. said Chapter to the same extent as if'it were copied at
length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 19th day of.April, 2001.
PRIN(~AL~~~N~U~TION COMPANY, INC.
BY: l_~,~'~g~./.~k~,~-'~.~
SURETY: XL SPECIALTY INSURANCE COMPANY
PAULINE L. LE$CH. Attorney-in-Fact
TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS)
BOND NO. XLSF-01597BCM
KNOW ALL MEN BY THESE PRESENTS:
THAT, NOVA CONSTRUCTION COMPANY~ INC. - 10514 WIRE WA¥~
DALLAS~ TX 75220-2321, (hereinafter called the Principal), as Principal, and
XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing under the laws
of the State of ILLINOIS, licensed to do business in the State of Texas and admitted to write bonds,
as surety (hereinafter called the Surety), are held and firmly bound unto CITY OF COPPELL -
255 PARKWAY BLVD.~ COPPELL~ TX 75019, (hereinafter called the Obligee), in the amount of
THREE HUNDRED FIFTY THOUSAND AND 00/100 Dollars
($ 350,000.00) for the payment whereof, the said Principal and Surety bind themselves, and their
heirsl administrators, executors, successors, and assignsl jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with, dated the 3/13/2001, for
REINFORCED CONCRETE PAVEMENT REPAIRS, PROJECT #ST 01-01
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the
prosecution of the work provided for in said contract, then this obligation shall be null and void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code and all liabilities on this bond shall be determined in accordance with
the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at
length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 19th day of April, 2001.
BY: ,/~~~"'
SURETY: XL SPECIALTY INSURANCE COMPANY
PAULINE L. LESCH, Attorney-in-Fact
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information
on companies, coverages, rights or complaints at:
1-800-252-3439
YOU may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you
should contact the agent or the company first. If the dispute is not resolved,
you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition
of the attached document.
PECI ALTY
~AN XL CAPITAL COMPANY~ I I!1111111[ I II IIIII IIIII lira 1111111111 II
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existin~ by virtue of the laws of
the State of Illinois ("Company~ or ~Corporation'). does hereby nominate, constitute and appoint PAULINE L. LESCH ~
its true and lawful Attomey(s)-in-fact to make, execute, attest, seal, and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all
bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00 as
required by Surety Obligees.
Such bonds and Undertakings, when duly executed by the atbresaid Attoruey(s)-in-fact shall be binding upon the said Company as ~lly and to the same extent as if
such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company on the 5th day of December, 1988:
'RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute
Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company. bonds, undertakings and all
contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest
the execution of any such Power of Attorney, and to attach thereto the Seal of the Company.
FURTHER RESOLVED, That the signature of such ofticers and the Seal of the Company may be afllxed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid
and binding upon the Company with respect to any bond. undertaking or contract of suretyship to which it is attached."
Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the tbllowing Resolution adopted by the Board of
Directors of the Company on August 7, 1997.
"RESOLVED. That the signature of Stanley A. Galanski. as President of this Corporation, and the seal of this Corporation may he affixed or printed on
any and all bonds, undertakings, recognizances, or other written obligations thereot; on any revocation of any Power of Attorney, or on any certificate
relating thereto, by facsimile, and any Power of Attorney. any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or
other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation."
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by
its duly authorized officers this 3rd day of January. 2000.
XL SPECIALTY INSURANCE COMPANY
ATTEST:
SECRETARY
STATE OF ILLINOIS
COUNTY OF COOK ss.
On ~is 3~ day of January. 2000, before me personally came Stanley A. Galanski to me known, who. being duly sworn, did depose and say: ~at he is President of
the Co~oration described in and which executed the above instrument: that he knows the seal of said Co~oration; ~at the ~al affixed to the atbresaid instrument
is such co.orate ~al and was a~xed ~ereto by order and authority of the Board of Directors of said Company: and that he executed the said instrument by like
order and au~ority:
~NOTAR',' PUBLIC. ~TATE C~ ~L~Ol5 ~
STATE OF ILLINO1S
COU~Y OF COOK ss.
I. ~n M. Llaneta. Secretary or the XL SPECIALTY INSU~NCE COMPANY a co~oration of ~e Siam of Illinois, do hereby cenit~ ~at the above and
forgoing is a ~ll, tree and coffect copy of Power of Attorney issued by said Company. and that I have compared same with ~e original and ~at it is a co.ct
transcript ~e~rrom and of~e whole of the original and ~at ~e said Power of Attorney is still in ~ll force and effect aM has not been revoked.
IN ~N~S WHE~OF, I have he.unto ~t my hand and a~xed the ~al of said Company, at the City of Schaumburg, ~is
dayof ~r~ 200~
~' . SECTARY
TEXAS STATUTORY PERFORMANCE BOND (PUBLIC WORKS)
BOND NO. XLSF-01597 BCM
KNOW ALL MEN BY THESE PRESENTS:
THAT, NOVA CONSTRUCTION COMPANY~ INC. 10514 WIRE W,s, ¥,
DALLAS~ TX 75220-2321, (hereinafter called the Principal), as Principal, and
XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing under the laws
of the State of ILLINOIS, licensed to do business in the State of Texas and admitted to write bonds,
as surety, (hereinafter called the Surety). are held and firmly bound unto CITY OF COPPELL~
255 PARKWAY BLVD. COPPELL~ TX 75019, (hereinafter called the Obligee), in the amount of
THREE HUNDRED FIFTY THOUSAND AND 00/100 Dollars
($ 350,000.00)for the payment whereof, the said Principal and Surety bind themselves, and their
heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with, dated the 3/13/2001, for
REINFORCED CONCRETE PAVEMENT REPAIRS, PROJECT #ST 01-01
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the
said principal shall faithfully perform the work in accordance with the plans, specifications and
contract documents, then this obligation shall be null and void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, That this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code and all liabilities on this bond shall be determined in accordance with
the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at
length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 19th day of April, 2001.
PRIN(~: NO~.~C~U/~ON COMPANY, INC.
SURETY: XL SPECIALTY INSURANCE COMPANY
"x.^ , ~ ' ' 5' "
PAULINE L. LESCH, Attorney-in-Fact
TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS)
BOND NO. XLSF-01597BCM
KNOW ALL MEN BY THESE PRESENTS:
THAT, NOVA CONSTRUCTION COMPANY~ INC. - 10514 WIRE WAY~
DALLAS~ TX 75220-2321, (hereinat~er called the Principal), as Principal, and
XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing under the laws
of the State of ILLINOIS, licensed to do business in the State of Texas and admitted to write bonds,
as surety (hereinafter called the Surety), are held and firmly bound unto CITY OF COPPELL -
255 PARKWAY BLVD, COPPELL~ TX 75019, (hereinafter called the Obligee), in the amount of
THREE HUNDRED FIFTY THOUSAND AND 00/100 Dollars
($ 350,000.00) for the payment whereof, the said Principal and Surety bind themselves, and their
heirsl administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with, dated the 3/13/2001, for
REINFORCED CONCRETE PAVEMENT REPAIRS, PROJECT #ST 01-01
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the
prosecution of the work provided for in said contract, then this obligation shall be null and void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code and all liabilities on this bond shall be determined in accordance with
the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at
length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 19th day of April, 2001.
SURETY: XL SPECIALTY INSURANCE COMPANY
BY' "'-]Ddt c~.(~c,~tZ.. ~ b .~'4-d-~/
PAULINE L. LESCH, Attorney-in-Fact
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain information
on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you
should contact the agent or the company first. If the dispute is not resolved,
you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition
of the attached document.
PECIALTY
AN XL CAPITAL COMPANY
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a cor0oration omanized and existing by virtue of the laws of
the State of Illinois ("Company~ or "Corporation'), does hereby nominate, constitute and appoint PAULINE L. LESCH
its true and lawful Attorney(s)-in-fact to make, execute, attest, seal, and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all
bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00 as
required by Surety Obligees.
Such bonds and Undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if
such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company on the 5th day o£ December, 1988:
"RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute
Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all
contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest
the execution of any such Power of Attorney, and to attach thereto the Seal of the Company.
FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be therealter valid
and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached."
Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of
Directors of the Company on August 7, 1997.
"RESOLVED, That the signature of Stanley A. Galanski, as President of this Corporation, and the seal of this Corpot~ation may he affixed or printed on
any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate
relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or
other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.~
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by
its duly authorized officers this 3rd day of January, 2000.
XL SPECIALTY INSURANCE COMPANY
A~T:
SECR~ARY
STAT~ OF ILLINOIS
COU~Y OF COOK ss.
~ ~is 3a day of January. 2000~ b~fore me personally came Stanley A. Galanski to me known, who, being duly sworn, did depo~ and say: that he is President of
· e Co~oration described in and which executed ~e above inst~ment; that he knows ~e seal of said Co~oration; ~at ~e seal affixed to ~e aforesaid inst~nt
is such co~ora~ ~al and was afl. ed ~e~to by order and au~ority of ~e Board of Di~ctors of said Company; and ~at he execu~d ~e said inst~nt by li~e
order and au~ority:
~TA~V ~_mc. STATE ~ mLL~OIS ~
STAT~ OF ILLINOIS
COU~Y OF COOK ss.
L ~. M, LI~.~I~. Soc~mry o~ tho XL SPECIALTY [NSU~NC~ COMPANY a co~oralio~ o~ tho Slam o~ Illinois, ~o h~reb~ cc~i[y ~ai thc abov¢
fo~oin~ is ~ ~11, t~c and corrcc[ cop~ o~ Powor o~ Altor~oy issuod by saJ~ Company, a~d that [ have co~p~d sa~o with thc original a~d ~al k is a co~cl
transcript ~e~from and of ~e whole of ~e original and ~at ~e said Power of Attorney is still in ~ll force and effect and has not been revoked.
IN W~N~S WHE~OF, I have hereunto ~t my hand and afl]xed the ~al of said Company~ at the City of Schaumburg, this ~ 9 ~h
dayof ~ 200~
%~'~. SEAL/~j
Client~: 26501 NOVACON
DATE (MM/DD/YY)
7,DBD, M, CERTIFICATE OF LIABILITY INSURANCE lO/O8/Ol
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATI'ER OF INFORMATION
HRH DallasI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5520 LBJ Freeway, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75240
972 3 85 - 9922 i INSURERS AFFORDING COVERAGE
INSURED [INSURERA: Safeco Insurance
Nova Construction Company, Inc.
10514 Wireway DriveI'INSURERINsURER c:B:C~---~( _ I II/! [9 T ~/~ 01/11
Dallas, TX 75220-2321 [INSURER D:
I |INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR [POLICY EFFECTIVE [POiiCY EX~iRA'rioN~
LTR TYPE OF INSURANCE I POLICY NUMBER DATE {MM/DD/YY) ~ DATE (MM/DD/YY) ' LIMITS
A GENERAL,,AB,',~ iCP9303951A II0/01/01 10/01/02 EACHOCCURRENCE I$1,000,000
X COMMERCIALGENERALLIABILITY i ' [ FIRE DAUAGE (Any one fire) $200,000
ICLAIMSMADE L [xil OCCUR ' MED EXP (Any one person) $10_,, 000
/PERSONAL~ADV'NJURY sl,000L00.Qi
I
GENERAL AGGREGATE $2,000,000
GEN"AGGBEGATEL,M,TAPP,,ESPEB: ,j PRO;~cTs :coMP,DP ~ ;2, oo61 o o o
-] POL,CY"Ro'
JECT
A AUTOUOB,LE L,AB,L,~ i BA930395 IA 10 / 01 / 01 10 / 01 / 02 COMBINED SINGLE LIMIT
_X.] ANY AUTO (Fa accident) $1, 000, 000
' ALL OWNED AUTOS
- BODILY INJURY
SCHEDULED AUTOS I (Per person)
X- HIREDAUTOS i ~
BODILY INJURY
X NON-OWNED AUTOS ~ (Per accident) $
.ROPEB ; AGE
i I (Per accident) ! $
i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO EA ACC $
-~-i OTHER THAN
AUTO ONLY: AGG $
I10/01/01 10/01/02 EACHOCOURRENC_E $2, 00~ 000
A i EXCESS LIABILITY UL 9303951 ;
h~_ ~CUR 11 CLA,MS MAD~ AGGHEGA~. S2~0 0 Q, p 0 0
'
_.. DEDUCTIBLE ! L $
X I RETENTION $10000 I~
A WOR~ERS COMPENSATION AND i WC 9303951 04 / 09 / 01 04 / 09 / 02 ' wc STATU-
_ JTORY LIMITS [ ~1 ER~
EMPLOYERS'LIABILITY I E.L. EACH ACCIDENT [iS1, 000! 000
!E.L DISEASE - POLICY LIMIT $1 , 000 , 000
OTHER i
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability includes Additional Insured in favor of Certificate
Holder
CERTIFICATE HOLDER I AD D mONAL INSURED ;iNSURER LE'I-rER: CANCELLATION
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Coppell DATE THEREOF, THEISSUING INSURER WILL ENDEAVOR TOMAIL]~0 DAYSWRI'I-FEN
P O Box 478 NOTICE TOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL
Coppell , TX 75019 IM POSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON TH E INSURE R,ITS AGENTS OR
REPRESENTATIVES.
AUT~_~IZED REPRESENTATIVE
ACORD25-S(7/97)l of 2 #S72803/M72708 KMC ® ACORD CORPORATION1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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 certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7/97)2 of 2 ~S72803/M72708