SW0101-BD010213BID Q-0101-03 SIDEWALK REPAIR
T H E C I T Y O F
C-OPF-EI I
BID Q-olol-o3
SIDEWALK REPAIR
BIDDERS PLEASE NOTE: ONE COPY OF THE FOLLOWING BID
SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE
(SPECIFICATIONS AND BID AFFIDAVIT)
Two COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMENT NO
LATERTHAN 1:30P.M., TUESDAY, FEBRUARY 13, 2001.
CJTY OF COPPE~ · PURCHA$1N NT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page tl
aiD Q-0101-03 SIDEWALK REPAIR
SPECIFICATIONS FOR
SIDEWALK PAVEMENT REPAIRS
1. All repairs are to be saw cut full depth at locations determined in the field by the City
of Coppell and are to be square or rectangular in shape.
2. Complete removal of all sidewalk 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 1" below bottom of the existing sidewalk
and compacted to 95% standard proctor density. Then, 1" of fine, washed sand,
free from organic materials or clay shall be placed. 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 1" below bottom of the
existing sidewalk.
4. Vertical sides of repair area are to be doweled with #3 bars, epoxy embedded 6"into
the sides at 12" centers.
5. Reinforcement steel shall be minimum #3 bar on 24" centers transversely and #3
bar on 18" centers longitudinally and shall be supported by bar chairs spaced
adequately to support the weight of the concrete during placement.
6. Concrete shall be Type I cement at a rate of 5 sacks per CY and a compressive
strength of 3000 PSI at 28 days. Testing to be provided by contractor, at the sole
expense of the contractor, through a City approved laboratory.
7. Construction joints shall be per the City of Coppell Standard Specifications.
8. A 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 portion of a street will be allowed for closure.
without a review by the City of Coppell. Traffic control devices shall be maintainec
at all times during construction.
9. A 24-month maintenance bond at 50% of total value, on a form provided by the City,
will be provided by the successful bidder.
10. Reference the City of Coppell Standard Construction Details and Subdivision
Ordinance for further clarification.
CITY OF COPPE~;~~'-, PURCHASING DF.~AI~MENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 92
BID Q-0101-03 SIDEWALK REPAIR
11. It is the contractor's responsibility to identify areas with irrigation systems, locate and
protect existing system. All irrigation systems damaged will be repaired to as good
or better and to the satisfaction of the property owner at the contractor's sole
expense.
12.1t 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 sidewalk 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 area prior to the beginning of work. Information
to be included will be beginning and end dates of project, road closure information
and contact number(s).
14.Ail items necessary to complete the work including but not limited to traffic control
plan, repair of irrigation systems, sodding, resetting existing signs, etc. are
subsidiary to the price bid.
15.AIl 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.
Not less than the following hourly rates shall be paid for the various classifications of
work required by this project. Workers in classifications where rates are not
identified shall be paid not less than the general prevailing rate of "laborer" for the
various classifications of work therein listed.
CITY OF COPPEL~_x/~ PURCH'~SING DF.~A.,~TMENT , 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 13
BID Q-0101-03 SIDEWALK REPAIR
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 ;¢URCHASI~IG DEPACTIC/ENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 14
BID Q-0101-03 SIDEWALK REPAIR
BID SHEET
Q-0101-03
SECTION I SIDEWALK FAILURES
Approx.
Description Square Feet
1. 156 Gienwood 52
2, 903 Rolling Brook 172
3, 749 Sparrow 146
4, 134 Wynnpage 80
5. 708 Falcon Ln 100
6. 278 Pinyon 370
7. 308 Leisure Ln 52
8. 314 Lodge 158
9. 628 Thompson 315
10, 306 Lodge 221
11. 302 Lodge 144
12. 208 Salem Ct 140
13, 636 Parkway 267
14. 747 Meadowlark 36
15. 301 Parkmeadow Way 108
16. 249 Penuel Dr 44
t7. 614 Raven Ln 220
18. 345 Westwood 277
19, 816 Redcedar Way 106
20. 713 Cardinal 380
21. 216 Salem Ct 108
22, 763 Pelican Ln 392
23. 314 Parkwood 54
24. 155 Highland Meadow 272
25. 156 Highland Meadow 140
CI"I'Y OF COPPELL o~I~URCH.~,81~G DEP~(R~MENT · 2§§ PARKWAY BOULEVARD · OOPPELL, TEXAS
BID Q-0101-03 SIDEWALK REPAIR
BID SHEET
Q-0101-03
SECTION I SIDEWALK FAILURES
Approx.
Description Square Feet
26. 409 Willow Springs 184
27. 231 Timber Ridge 36
28. 742 Swallow 280
29. 202 Mesquitewood 196
30. 119 Meadow Run 280
31. 109 Simmons 352
32. 201 Magnolia Dr 60
33. 315 Pinyon 240
34. 1012 Hemlock 153
35. 270 Pinyon 277
36. 148 Finch 175
37. 405 Phillips 120
38. Parkway/Parkview 130
39. 450 Woodhurst 170
40, 440 Shadowcrest Ln 300
41. Mapleleaf/alley @ MacArthur 136
42, 120 Deann 145
43 164 Finch 50
44, 204 Simmons 68
45. 467 Clearcreek 180
46 1016 Hemlock 130
47. 629 Phillips 200
48. 316 Lakewood 80
49. 604 Phillips 88
50, 719 Oriole 20
CITY OF COPPEL~, PURCHASING DI~Ai~T~ENT '. 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 16
BID Q-0101-03 SIDEWALK REPAIR
BID SHEET
Q-0101-03
SECTION I SIDEWALK FAILURES
Approx.
Description Square Feet
51, 342 Spanish Moss 260
52. 408 Greenridge 80
53. Parkway @ High School 120
54. 430 Cambria 150
55. 259 Timber Ridge 183
56. 308 Woodhurst 262
57. 419 Cambria 354
58. 312 Morning Mist 135
59. 347 Heartz 170
60. 235 Woodhurst 100
61. 459 Cambria 150
62. 315 Timber Ridge 164
63. '152 Highland Meadow 84
64. 225 Simmons 250
65. 532 Lake Forest Dr 32
66, 212 Highland Meadow 150
67. 306 Parkwood 160
68, 224 Willow Springs 72
69. 225 Heatherglen 120
70. 232 Heatherglen 70
71. Firelight/Flagstone 60
72. 720 Robin 85
73. 411 Woodhurst 24
74. 213 Hill 40
75. 312 Woodhurst 100
CITY OF COPPEI.~o PUIS, C~ASING Df'EP~,RTMENT . 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 17
BID Q-0101-03 SIDEWALK REPAIR
BID SHEET
Q-0101-03
SECTION I SIDEWALK FAILURES
Approx.
Description Square Feet
76. Carrington/Newport 32
77. 941 Tupelo 80
78. 901 Elmhill 168
79. 904 Elmhill 24
80. 426 Cambria 100
81. 207 Tara Ct 48
82, 425 Parkview 20
83. 458 Phillips 28
84. 420 Shadowcrest Ln 240
85. 128 Highland Meadow 44
86. 703 Oriole 30
87. t25 Heartz 80
88, 668 Quail 40
89. 425 Phillips 132
90. 936 Redwing '110
91. 223Woodhurst 212
92. 136 Highland Meadow 12
93. 339 Timber Ridge 125
94. 727 Hawk 220
95. 112 Deann 194
96. 466 Clearcreek 88
97. 819 Lakeview 56
98. Heartz (So of Parkway) 20
99. 252 Whispering Hills 65
100 829 Blue Jay 25
CITY OF COPPEL~ PU~,CH-ASING ~EP,~RTMEN~' . 255 PARKWAY BOULEVARD . COPPELL, TEXAS 75019 Page 18
BID Q-0101-03 SIDEWALK REPAIR
BID SHEET
Q-0101-03
SECTION I SIDEWALK FAILURES
Approx.
Description Square Feet
101 448 Leisure Ln 48
102 132 Simmons 84
103 224 Timber Ridge 40
104 441 Parkway 65
105 127 Highland Meadow 300
106 719 Hawk 100
TOTAL SQUARE YARDS 14,609
CI~ COPPELLJPURCHA$1NG DEP~I;~MENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 19
BiD Q-0101-03 SIDEWALK REPAIR
BID SUMMARY
Item Description Quantity Bid Price Total Bid
Per SF Price
i-106 Remove and replace 14,609 SF $8.$0 $124,176.s0
Sidewalk failures as
listed
NUMBER OF CALENDAR DAYS TO COMPLETE THE WORK
* Note: All work must be completed by September 30, 2001.
Communications concerning this Bid shall be addressed to the address of BIDDER
indicated on the applicable signature page.
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on
tangible personal property to be incorporated into the project. Said taxes are not included
in the Contract Price (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditions.
The City of Coppell reserves the right to delete any portion of this project or adjust
quantities as it may deem necessary to stay within the City's available funds. Should the
City elect to delete any portion, the contract quantities will be adjusted accordingly.
SUBMITTED ON February 13 ~ 2001
Cindy ~riffeth, President
CITY OF COPPELL. PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 20 '"
BID Q-0101-03 SIDEWALK REPAIR
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully
reviewed and are submitted as correct and final. Bidder further certifies and agrees to
furnish any and/or all commodities upon which prices are extended at the price offered,
and upon the conditions contained in the Specifications of the Invitation To Bid. The
period of acceptance of this bid will be calendar days from the date of the
bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise
indicated by Bidder.)
STATE OF Texas COUNTY OF Denton
BEFORE ME, the undersigned authority, a Notary Public in and for the State of ,
on this day personally appeared who after being by me duly sworn, did depose
and say:
"1, Cindy Griffeth am a duly
authorized officedagent for Abcon Paving, Inc. and have been
duly authorized to execute the foregoing on behalf of the said Abcon ?-ring ~ Inc...
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 andaddressofBidder:Abcon Paving, Inc., 1045 E. Nighway 121
Lewisville~ Texas 75057
Telephone: ( 972 ) 221-7535 by: Cindy Griffeth
Title: President Signature:
SUBSCRIBED AND SWORNto before me bythe above named Cindy Gr[ffeth
onthisthe 13th dayof February ~ 2001
~,,~'~]v~.~.~ ~% PubliciZe State of ~e xas
~.-" ~ ,~ '..:'~ ~
¢.'...¢
% "-.. ~x.t~-'k~ ~
CI~ OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TE~S 75019 Page 21
T H £ C I T Y 0 F
COPP-EL£
CITY OF COPPELL, TEXAS
AND THE COPPELL RECREATIONAL
DEVELOPMENT CORPORATION
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF THE
SIDEWALK REPAIR
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019
BID Q-0101-03 SIDEWALK REPAIR
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 ., (hereinafter referred to as
the "Contractor") for construction of ., (hereinafter referred to as the
"Project"), the Owner and the Contractor hereby agreeing as follows:
ARTICLE I 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 tknely 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 del'reed 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 lin~itation".
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 writtenororalcommunications, representations failure, refusal, omission, event, occurrence or
and negotiations, if any, between the Owner and condition as constituting a material breach of this
Contractor not expressly made a part hereof. Contract shall not imply that any other, non-specified
act, failure, refusal, omission, event, occurrence o~
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 23
BID Q-0101-03 SIDEWALK REPAIR
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.
fornu, 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 perfom~ all of thc
sufficient for construction. HOWEVER, THE Work required, implied or reasonably inferable from,
OWNER MAKES NO REPRESENTATION OR this Contract.
WARRANTY OF ANY NATURE WHATSOEVER
TO THE CONTRACTOR CONCERNING SUCH
2.2 WORK
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has
2.2.1 The term "Work" shall mean whatever
received, reviewed and carefully examined such is done by or required of the Contractor to perform
documents, has found them to be complete, accurate, and complete its duties under this Contract, including
adequate, consistent, coordinated and sufficient for the following: construction of the whole or a
construction, and that the Contractor has not, does designated part of the Project; furnishing of any
not, and will not rely upon any representation or required surety bonds and insurance, and the
warranties by the Owner concerning such documents
provision or furnishing of labor, supervision,
as no such representation or warranties have been or services, materials, supplies, equipment, fixtures,
are hereby made. Further, the Contractor represents
and warrants that it has had a sufficient opportunity appliances, facilities, tools, transportation, storage,
to inspect the Project site and assumes any and all power, permits and licenses required of the
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
performed, follows:
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 24
BID Q-0101-03 SI D EWALK REPAIR
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 $__ 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 ~ calendar days from the extra compensation shall be allowed or paid by the
date specified in the Notice to Proceed. The parties Owner to the Contractor for any delay or hindrance
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 $ 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 75010 Page ;~5 '
BID Q-0101-03 SIDEWALK REPAIR
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 thne 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 coInmencement 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
4.1.1 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,
$ 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 ~vhich shall not be Payment shall be signed by the Contractor and shall
constitute the Contractor's representation that the
modified except by written Change Order as
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 ¥ 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 assetforthinParagraph5.3hereinbelow.
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 26
BID Q-0101-03 SIDEWALK REPAIR
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 future 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 (I0) 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 O~vner'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 750~1g Page 27
BID Q-0101-03 SIDEWALK REPAIR
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
hun&ed 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 f'mal
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 f'mal 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 £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 f'mal 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 witltheld 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 f'mal payment, and identified
Contractor shall bear the cost of such repeat final in writing by the Contractor as unsettled at the time
inspection(s) which cost may be deducted by the of its request for f'malpayment.
Owner from the Contractor's f'mal payment.
5.6.5 Under no circumstance shall Contractor
5.6.1.1 If the Contractor fails to achieve £mal 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 £mal 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 OWNER
be sustained by the Owner, estimated at or before the
time of executing this Contract. When the Owner 6.1 INFORMATION, SERVICES AND TltlNGS
reasonably believes that f'mal completion will be
inexcusably delayed, the Owner shall be entitled, but R~QtJIRm~ 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 f'mal 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, TEXAS 75019 Page 28
BID Q-0101-03 SIDEWALK REPAIR
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 STO~' 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 tin, ely
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 losstopersons or property.
corrected, then the Owner may, without prejudice to
any other rights or remedies the Owner may have 7.4 WARRANTY
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 75011) Page 20
BID Q-0101-03 SIDEWALK REPAIR
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 pertaining to the Work. 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 shall be deemed the Contractor's
authorized representative at the site and shall be 7.9 SHOP DRAWlNGS, PRODUCT
authorized to receive and accept any and all
corranunications from the Owner or the Architect. DATA AND SAMPLES
7.6.2 Key supervisory personnel assigned by the 7.9.1Shop Drawings, Product Data, Samples
Contractor to this Project are as follows: and other submittals from the Contractor do not
constitute Contract Documents. Tl~eir 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 or Samples unless
and until such submittal shall have been approved by
the Architect. Approval by the Architect, however,
shall not be evidence that Work installed pursuant
thereto conforms with the requirements of this
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 AND 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 £mal 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 thc
agree in writing) and shall be revised to reflect prosecution of the Work and shall leave the site in :.
conditions encountered from time to time and shall clean and presentable condition. No additiona
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 ami
Failure by the Contractor to strictly comply with the included in the contract price.
provisions of this Paragraph 7.7 shall constitute a
material breach of this Contract.
CITY OF COPPELL · PURCHASING DEPARTMENT , 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 30
BID Q-0101-03 SIDEWALK REPAIR
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 indenmification 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 final 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 with the Contract requirements, 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 INJURY 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
I1VIMUNITY AVAILABLE TO THE OWNER
UNDER TEXASLAWANDWITHOUTWAIViNG 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 eacl~
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 31
BID Q-0101-03 SIDEWALK REPAIR
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 OTHERCONTRACTORS
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 acka~owledges 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 inm~ediately 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
ARTICLE VIII
the Architect to protect persons or
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 8.1.1 When used in this Contract the ten~
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 a~
longer required by the City. Such employee of the Owner or may be retained by thc.
devices shall be in compliance with and Owner as an independent contractor but, in eithe~
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 an(!
traffic control devices adopted by the agrees that it shall abide by the decisions ant;
instructions of the Architect notwithstanding thc
Texas Department of Transportation. contractual relationship between the Owner and
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 32
BID Q-0101-03 SIDEWALK REPAIR
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 £md 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 £mal 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 £rrst
for the proper execution or progress of the Work with appearance of the condition giving rise to the clain~
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 t-mai 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 final 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 33
BID Q-0101-03 SIDEWALK REPAIR
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 cf
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 first 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 tl~e
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 clahn
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 FORADD1TIONAL 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 involving 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 prope~
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
~ITY OF COPP£LL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD , COPPELL, TEXAS 75010 Page 34
BID Q-0101-03 SIDEWALK REPAIR
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. 10.3 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) il'
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 i~
no claims, causes or demands shall be made by any Subparagraph 10.3.1 above, the change in tht
Subcontractor against the Owner. Contract Price, if any, shall then be determined by
the Architect on the basis of the reasonabk~
9.2.3 The Contractor shall indemnify, defend expenditures or savings of those performing, deletin~
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, thc
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 35
BID Q-0101-03 SIDEWALK REPAIR
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 final determination of UNCOVERING AND CORRECTING WORK
reasonable expenditures or savings to the O~vner,
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 contra]2,'
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 O~vner. 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 I1.2.1 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 an)
Contractor shall constitute conclusive evidence of the additional testing and inspections, and reimbursemem
Contractor's agreement to the ordered changes in the 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 36
BID Q-0101-03 SIDEWALK REPAIR
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 final 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 nonconfonnmg 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 irs
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 ternfinated 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 OWNER MAY 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 wrinen notice of such termination
nonconforming Work, and (b) the difference between to the Contractor specifying when term/nation
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 term/nation
insufficient to compensate the Owner for its becomes effective. The Contractor shall also
acceptance of defective or nonconform/ng 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 Contractor shall transfer title and
12.1 TERMINATION BY TltECONTRACTOR 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, infonnation 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
~ITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD , COPPELL, TEXAS 75019 Page 37
BID Q-0101-03 SIDEWALK REPAIR
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,~USE
file a termination claim within one
(1) year from the effective date of 12.2.2.1 If the Contractor persistently or
termination, the Owner shall pay the repeatedly refuses or fails to prosecute the Work in a
Contractor, an amount derived in timely manner, abandons the jobsite and fails to
accordance with subparagraph (c) resume work within five (5) days of written notice
below, thereof by the Owner, fails to grant or allow access to
the jobsite by the Owner or Architect, fails to supply
(b) The Owner and the Contractor may enough properly skilled workers, supervisory
agree to the compensation, if any, due personnel or proper equipment or materials, fails to
to the Contractor hereunder, make prompt payment to Subcontractors or for
materials or labor, persistently disregards laws,
(c) Absent agreement to the amount due ordinances, rules, regulations or orders of any public
to the Contractor, the Owner shall authority having jurisdiction, or otherwise is guilty of
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 finish 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 finished.
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 f'mishing 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 38
BID Q-0101-03 SIDEWALK REPAIR
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.
clam, 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 conm~ence 13.4 WRITTEN NOTIFICATION
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 TYPES AND AMOUNTS OF mail to the Division of Purchasing, City of Coppell,
255 Parkway Blvd., Coppell, Texas, 75019.
CONTRACTOR'S INSURANCE
13.5 PREMIUMS AND ASSESSMENTS
13.2.1. The Contractor shall furnish and
maintain during the life of the contract adequate Companies issuing the insurance policies shall have
Worker's Compensation and Commercial General
no recourse against the City for payment of any
Liability (Public) Insurance in such amounts as premiums or assessments for any deductibles which
follows: are at the sole responsibility and risk of the
Contractor.
Type of Insurance Amount
13.6 CERTIFICATE OF INSURANCE
Worker's Compensation as set forth in the Worker's
Compensation Act. Proof that the insurance is in force shall be furnished
to the City on City of Coppell Standard Certificate of
Commercial General $1,000,000 Each Insurance Forms. In the event any insurance policy
Accident/Occurrence. shown on the Certificate of Insurance has an
expiration date that is prior to the completion and
Liability (Public) $1,000,000 Aggregate final acceptance of the project by the City of Coppell,
$1,000,000 Products & the contractor shall furnish the City proof of identicai
Completed Operations continued coverage no later than thirty(30) days pr/o:
Aggregate. to the expiration date shown on the Certificate o
Insurance.
Owner's Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD ° COPPELL, TEXAS 750'19 Page 39
BID Q-0101-03 SIDEWALK REPAIR
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 sen'ices
by the City of Coppell, Texas, for its benefit, on theproject;
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
(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 roles. 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 Conm~-
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
(B) no later than seven days after receipt report an employer's failure to provide coverages"
by the contractor, a new certificate of
coverage showing extension of and
coverage, if the coverage period
shown on the current certificate of (8) contractually require each person witt~
coverage ends during the duration of whom it contracts to provide services on
the project; project, to:
(5) retain all required certificates of coverage (A) provide coverage based on prope
on file for the duration of the project and reporting of classification code~
for one year thereafter; and payroll amounts and filing o!
any coverage agreements for all
(6) notify the governmental entity in writing its employees providing services or
by certified mail or personal delivery,
CITY OF COPPELL · PURCHASING DEPAR'I'MENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 40
BID Q-0101-03 SIDEWALK REPAIR
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
fire 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 :o
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. I 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 final payment of all persons supplying labor o~
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
(H) contractually require each other Each bond furnished by the Contractor shall
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
perforn~ 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 4'1
BID Q-0101-03 SIDEWALK REPAIR
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 conm~encement 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
Contxact shall be read as if the invalid, void or
unenforceable portion had not be included herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to
any nonperformance or nonconforming work or to
enforce any provision hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
Contract, nor shall such failure to object or enforce
estop the Owner from insisting on strict compliance
with this Contract or from recovering damages, costs
or expenses arising as a result of such
nonperformance or nonconforming work.
14.7 NOTICES
14.6.1 All notices required by this Contract
shall be presumed received when deposited in the
mail properly addressed to the other party or
Architect at the address set forth herein or set forth in
~TY ¢)~ {":.~13131:1 I · PIIRCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL. TEXAS 75019 Page 42
BID Q-0101-03 SIDEWALK REPAIR
EXECUTED in single or multiple originals, this day of ,2~__
CITY OF COPPELL CONTRACTOR:
APPROVED:
Mayor
(Signature)
(Type/Print Name and Title)
ATTEST:
(Su'eet Address)
City Secretary
(City/State/Zip)
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD , COPPELL, TEXAS 75019 Page 43
BID Q-0101-03 SIDEWALK REPAIR
CORPORATE ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared:
(Print Name) (Print Title)
of ., the Contractor designated hereinabove, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the
board of directors of such corporation and that he executed the same as the act and deed of such corporation for the
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __ day of , A.D., 200___.
Notary Public In and For County,
My Conmtission expkes:
MAYOR'S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared the undersigned, Mayor of the City of Coppell, Texas, a municipal corporation, known to
me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that
the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly authorized to
perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she executed the
same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ day of , A.D.,
200__.
Notary Public in and for the State of Texas
My Commission expires:
CITY OF COPPELL · PURCHASING DEPARTMENT . 255 PARKWAY BOULEVARD · COPPELL, TEXAS 7501g Page 44
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
Quantum Contracting, Inc. (Here insert full name and address or legal title of Contractor)
P.O. Box 430, Rockwall, TX 75087
as Principal, hereinafter called the Principal, and
Capitol Indemnity Corporation (Here insert full name and address or legal title of Surety)
P.O. Box 5900, Madison, WI 53705
a corporation duly organized under the laws of the State of Wisconsin
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Coppell (Here insert full name and address or legal title of Owner)
255 Parkway, Coppell, TX
as Obligee, hereinafter called the Obligee, in the sum of Five percent of the greatest amount bid
Dollars ($ 5% GAB )'
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, The Principal has submitted a bid for
(Here insert full name, address and description of project)
Sidewalk Repair
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with · the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor and matedal furnished in the prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to
exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and
void, otherwise to remain in full force and effect.
Signed and sealed this 13th day of February 2001
Quantum Con~'~-~,.~
~--~R.J. Evans, Jr.
Vice President
(Title)
Capitol Indemnity Corporation ~
~ z~_~(~ ~~ ~ - tne~~ __~ -- (Surety) // (Seal)
Cindy W. Fowler / (Title) Attorney-In-Fact
AIA DOCUMENT A310. BID BOND. AIA O. FEBRUARY 1970 ED. THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution
INDEMNIT¥ CORPORATION
4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900
PHONE (608) 231-4450 · FAX (608) 231-2029
POWER OF ATTORNEY No: 5 6 7 7 0 7
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a
corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute
and appoint '
......... , ........ WILLIAM D, BALDWIN, DEBBIE A. SMITH, MICHAEL B. HILL OR CINDY W. FOWLER ...............
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and
deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
......................................................... NOT TO EXCEED $3,000,000.00 .................................................................
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May 1960:
"RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power
and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the
nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such
offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with
respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or
without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1999.
CAPITOL INDEMNITY CORPORATION
: ,
' '' U Virgiiine' M. Schulte, Secretary -~"~"~~'~ '~"~'- = - ' G,or re;,;
STATE OF WIscONsIN
COUNTY OF DANE
On the 1st day of June, A.D., 1999, before me personally came George A Fait, to me known who being by me duly
sworn; did dePose.and SaY: that he resides in the County of Dane, State of Wisconsin; that"he.lis the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and WhiCh executed the abov~ instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal;'that it was so affixed
by order of the B°~rd Of Directors of said corporation and that he signed his name thereto by like 0rderr'
STATE OF WISCONSIN
COUNTY OF DANE
~ * *--- Jane F. Endres
Notary PubliC, Dane Co., WI
~,~~,~ My Commission EXpire~ March 23, 2003
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the
--=_~,~ SEAL ]~o.~ Pa Treasurer
This power is valid only if the power of attorney number printed in the upper right hand corner apears in red. Photocopies, carbon copies
,o,r. othe~r ,r,.eprod, u.,ctio,~ns a..re, ,not, bind?g..on the .c. ompany. Inquiries concerning this power of attorney may be directed to the Bond Manager at the
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO 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, Texas 78714-9104
FAX No. (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact
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.
BID Q-0101-03 SIDEWALK REPAIR
-~. £ c,~-¥ oF
BID Q-olol-o3
SIDEWALK REPAIR
BIDDERS PLEASE NOTE: ONE COPY OF THE FOLLOWING BID
SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE
(SPECIFICATIONS AND BID AFFIDAVIT)
TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMENT NO
LATERTHAN 1:30P.M.,TUESDAY, FEBRUARY 13, 2001.
~ITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 11
BID Q-0101-03 SIDEWALK REPAIR
BID SUMMARY
Item Description Quantity Bid Price Total Bid
Per SF Price
1-106 Remove and replace 14,609 SF "'~d) o_o-- '~'~/~ O?O
Sidewalk failures as
listed
NUMBER OF CALENDAR DAYS TO COMPLETE THE WORK
* Note: All work must be completed by September 30, 2001.
Communications concerning this Bid shall be addressed to the address of BIDDER
indicated on the applicable signature page.
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on
tangible personal property to be incorporated into the project. Said taxes are not included
in the Contract Price (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditions.
The City of Coppell reserves the right to delete any portion of this project or adjust
quantities as it may deem necessary to stay within the City's available funds. Should the
City elect to delete any portion, the contract quantities will be adjusted accordingly.
SUBMITTED
CiTY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page20
BID Q-0101-03 SIDEWALK REPAIR
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully
reviewed and are submitted as correct and final. Bidder further certifies and agrees to
furnish any and/or all commodities upon which prices are extended at the price offered,
and upon the conditions contained in the Specifications of the Invitation To Bid. The
period of acceptance of this bid will be ~O 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 ,7 ~ ×~, .~ COUNTY OF ~ ///~ ./
BEFORE ME, the undersigned a,u, thoritv, a Notary Public in and for the State of 7~-'x~.~.
,~ ~,-/c. ,¢. ~Z.~ '
on this day personally appeared who after being by me duly sworn, did depose
and say:
,,~ ~,~..~.-? ~ ~,'~
, ~ am a duly
..._..,
authorized officer/agent for /~ ~ ~ c~.-% ~--,,, ~. and have been
duly authorized to execute the foregoing on behalf of the said ,'~'~/~c ~ ,~ --~'-,~ ~'. ·
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: ,/'~'_~_~¢:,~ _Z_.~
Telephone: (¢/) %/~//-- ~-," 0 by: ,/
· 1/. ! L ,/
Title: ,/;:. ~_ ,--.~-/o~-1 Signature: ×~P,~
swo ~ to efo e the
on this the /~.~ PL day of ~
~:~"~'~"-P:~'~:'~['~;~:~-'~I~E~K-'~ Nota~blic~. and fofl~~
CITY OF COPPELL - PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 21
R BCON,, c.
REFERENCES
1. City of Lewisville David Stocks (972)219-3511
2. City of Coppell Garreth Campbell (972)304-3685
3. City of Farmers Branch Gary Oshel (972)919-2591
1868 W. NORTHWEST HWY. DALLAS, TEXAS 75220 972/444-8230
SIDEWALK REPAIR
BID Q-0101-03
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully
reviewed and are submitted as correct and final. Bidder further certifies and agrees to
furnish any and/or all commodities upon which prices are extended at the price offered,
and upon the conditions contained in the Specifications of the Invitation To Bid. The
period of acceptance of this bid will be calendar days from the date of the
bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise
indicated by Bidder.)
BEFORE ME, the undersigned authority, a Notary Public in and for the State of '~'~-,~, ~ ,
on this day personally appeared [~~'~/~{~h° after being by me duly sworn, did depose
and say:
"'1, ~ am a duly
authorized officer/agent for '7-~-~,-~ ~-¢~.,j~rJ ~-,.~fr~,~/~'o,/ .:~. and have been
duly authorized to execute the foregoing on behalf of the said _%~
I hereby ~Ki~ that'the foregoing bid has not been prepared in ~llusion w~h any other
Bidder or individual(s) engaged in the same line of business prior to the o~cial opening
of this bid. Fu~her, I ce~i~ that the Bidder is not now, nor has been for the past six (6)
months, directly or indirectly concerned in any pool, agreement or combina~on ~ereof,
to ~ntrol the price of se~ices/commodities bid on, or to influence any individual(s) to
bid or not to bid thereon."
Name and address of Bidder: ~ ~ ~¢~ ~ ~ ~ ~ ~ ~
, ~1o ~ ~ ~
Telephone: ~) ~0 -~ ~ by: ~/~ /¢.
_ 5ignature:~ ~. .
SUBSCRIBED AND SWORN to before me by the above named ~, ~ ~. ~,lf ~ ..
on this the _ day of _ ¢~ ~,
Nota ublic ' for the State of
,. ,. ~ 5~end~rd Constru~ion
- 255 pAR~AY BOU~D · COPPE~ T~S
BID O-010~-.03 SIDEWALK REPAIR
BID SUMMARY
Item Description Quantity Bid Price I Total Bid
Per SF Price
~ Per SF Price
1-106 Remove and replace '14,609 SF ~-~7
Sidewalk failures as --'--
listed
OF CALENDAR DAYS TO COMPLETE THE WORK
NUMBER
* 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 Price (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditions.
The City of Coppell reserves the dght 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.
~ITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPFI I. TEXAS 75019 Page 20
MID-CONTINENT CASUALTY COMPANY
Box 1409
TULSA, OKLAHOMA 74101
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That We
TEXAS STANDARD CONSTRUCTION, INC.
as Principal. and the MID-CONTINENT CASUALTY COMPANY. a corporation organized and existing under the laws of the State of Oklahoma. and authorized
TEXAS
to do business in the State of as Surety, are held and firmly bound unto
CITY OF COPPELL
as oblige~,
In thesumof FIVE PERCENT (5%) OF THE GREATEST AMOUNT BID DOLLARS.
lavdul money of the United Sta~es of Anmrica, to the payment of which sum of money weO and truly to be made, tim said Pdncip;d and Sure~ bind
themsalves, their and each of their heirs, executors, admini~ba~ors, suers and assigns, jointly and severally, by these pfese~m.
THE CONDmON OF THIS OBUGATION IS SUCH, that, if the 0bligee shall make any award to the Principai for:.
SIDEWALK REPAIRS
LOCATION: COPPELL, TEXAS PROJECT # 0101-03
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shah duly make and miter into a contract with the Ot~ in
accordance with the tefms of said proposal or bid and award and shaft give bond for the faithIM pedofmam~ thereof, with the MID-CONTINENT CASUALTY
COMPANY as Surety or with other Surety or Sureties approved by the OMigee; or if the Principal shall, in ~ of lallure so to do. pay to the OMigee the
damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this ~-~. then this obligattofl shall be fluff and void; ~
it shall be and remain in furl force arid effect.
13 TH FEBRUARY 2 0 01
Signed. Sealed and Dated this. day of 19
TRXA~ RTAM~AR~ CDNgTRTTCTION. INC.
ANNA ROBERSON,,'ATTORNEy~IN-FACT
B-t206 IvIC (6-6~)
MID-CONTINENT CASUALTY COMPANY
Tulsa, Oklahoma
Know all Men by these presents: That the 1VIID-CONTI]~NT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its
principal office in the city of Tulsa, Oklahoma, pursuant to the following By-Law, which was adopted by the Stockholders of the said Company
on March 13th, 1947, to-wit:
"Article IV, Section 7. - The Executive Officers of the Company shall have power and authority to appoint, for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Resident Assistant
Secretaries and Attorneys-in-Fact and at any lime to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney-in-Fact
and revoke the power and authority given him. None of such appointees need be Directors of the Company."
The Company does hereby constitute and appoint Danny Bockmon, William T. Bookmon, Jackie Davis
and Anna Roberson, individually of LONE STAR, TX
its true and lawful attomey(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Arty and all bonds and undertakings of Suretyship
And the execution of such instrument(s) m pursuance of these presents, shall be as binding upon the said MID-CONTINENT CASUALTY
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office in Tulsa, Oklahoma.
llq WITNESS WHEREOF, MID-CONTINENT CASUALTY COMPANY has executed and attested these
presents this 02 day Of June , 2000
ATTEST:
SARA ANDERSON ASSISTANT SECRETARY TODD BAZATA " ] ' VICE PRESIDENT
On this 02 day of June ,2000 before me, a Notary Public of the State of Oklahoma in and
for the Cotmty of Tulsa, came the individual to me personally known to be the officer described in, and who executed the preceding instrument.
and he acknowledged the execution of the same, and 'being by me duly sworn, said that he is the therein described and authorized .officer of the
IvD-CONTI/qENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding inslxument is the corporate of said Company,
and the said corporate seal and his sigaamre as such officer were duly affixed to the said instrument by the authority and direction of the said
Company,:and that Article IV, Section 7, of the By-Laws of said Company, referred to in the preceding instrument, is now in f0rce.
~,~~ _ ~' '~"q F, I have hereunt°:set hand and affixed my official seal at the City ofTulsa, the day and Year first'~°ve ~' . my .
a.. ¢ . ::' . . :: ..
I, SARA ~,NDERSON AssiStant Secretary of M]D-CONllN~I,IT CASUALTY COMPA/qY do hereby certify that the £oregomg
extracts Of the'By-Laws and of a Resolution'of the Board of Directors-of this corporation, and ol~a Power of Attorney issued pursuant thereto, are
true and Correct, and that both the By-Laws, the.Resolution and the Power of Attorney are still in full force and effect
This cedifies 1hat any facsimile or mechanically-produced signature of any officer of the Company and Company seal, wherever appearing upon a power of attorney issued
by the Company, shall be valid and binding upon the CompanY with the same force and effect as though manually affixed. - ·
]/q WITNESS' WHEREOF~'I have hereunto set my hand and affixed the facsimile sea] Of said corporation
'"~ ' .... ' 20'01
. .i~E~ 'P ..'"-. this 13Ttt dayof FEBRUAR~f .: '
B-g888-MC -~ ....... ,,...
BID Q-0101-03 SIDEWALK REPAIR
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully
reviewed and are submitted as correct and final. Bidder further certifies and agrees to
furnish any and/or all commodities upon which prices are extended at the price offered,
and upon the conditions contained in the Specifications of the Invitation To Bid. The
period of acceptance of this bid will be calendar days from the date of the
bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise
indicated by Bidder.)
STATE OF ~ ,~. i~ ? COUNTY OF ~ ~//o~ ~
BEFORE ME, the undersigned authority, a Notary Public in and for the State of ~ ,,
on this day personally appeared ~ who after being by me duly sworn, did depose
and say:
"1, ~Y~ [ ~l (,_.e... c_. ~ u.. '7--//') ~r rv/ am a duly
authorized e~-~er/agent for A/gv/f~ ~0~5'7K'.~c.'~7~4/' ~ ~1,/'C--' and have been
duly authorized to execute the foregoing on behalf of the said ~.~ ~ ?Q 4. ~Y-,/~ W/
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: J~/'O V for. ~o,4/.~'~J~
Telephone:(~7~) ~[_~0 ~/ by: ~(~
S"BSC*IBED *~D SWOR~ to before me by the abov~ame~
on this the /~ ~ day of
~ /~, . ~% ~ Nota Ii d for the State of
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD ° COPPELL, TEXAS 75019 Page 21
BID Q-0101-03 SIDEWALK REPAIR
BID SUMMARY
Item Description Quantity Bid Price Total Bid
Per SF Price
1-106 Remove and replace '14,609 SF $.5.56 $81,226.00
Sidewalk failures as
listed
NUMBER OF CALENDAR DAYS TO COMPLETE THE WORK
140 d~y.~
* Note: All work must be completed by September 30, 2001.
Communications concerning this Bid shall be addressed to the address of BIDDER
indicated on the applicable signature page.
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on
tangible personal property to be incorporated into the project. Said taxes are not included
in the Contract Price (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditions.
The City of Coppell reserves the right to delete any portion of this project or adjust
quantities as it may deem necessary to stay within the City's available funds. Should the
City elect to delete any portion, the contract quantities will be adjusted accordingly.
SUBMITTED ON February 12,2001
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD ° COPPELL, TEXAS 75019 Page 20 -
BID Q-0101..03 SIDEWALK REPAIR
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully
reviewed and are submitted as correct and final. Bidder further certifies and agrees to
furnish any and/or all commodities upon which prices are extended at the price offered,
and upon the conditions contained in the Specifications of the Invitation To Bid. The
period of acceptance of this bid will be 1)-o 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 Texas COUNTY OF Dallas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared who after being by me duly sworn, did depose
and say: Danny Spoerl
"1, Danny Spoerl am a duly
authorized officedagentfor B & B Concrete & Sawwinq and have been
duly authorized to execute the foregoing on behalf of the said Contractor
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: B & B Concrete & Sawing Inc.
1830 Garden Sprin_~s: Dallas.. T~x~s 7525_3
Telephone: ( 972 ) 286-6853 by: Danny Spo~rl , /~
-/; ///
Title: Vice-President _ Signature:/~-1/'~_..~~
SUBSCRIBED AND SWORN to before me by the above named(/ Danny Spoerl
on this the 12 day of Fehn]~ry 2001
Notary Public in and for the State of
~~ MARYJ. RAY "~ ~
~ ~,~'~ Notary Public, Stole of Texas ~
4[*k~J My Commission Expires ~
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 21
BID Q-0101-03 SIDEWALK REPAIR
BID SUMMARY
Item Description Quantity Bid Price Total Bid
Per SF Price
1-106 Remove and replace 14,609 SF ?.50
Sidewalk failures as
listed 1 09,56'7.50
NUMBER OF CALENDAR DAYS TO COMPLETE THE WORK
120
* Note: All work must be completed by September 30, 2001.
Communications concerning this Bid shall be addressed to the address of BIDDER
indicated on the applicable signature page.
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on
tangible personal property to be incorporated into the project. Said taxes are not included
in the Contract Price (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the meanings
assigned to them in the General Conditions.
The City of Coppell reserves the right to delete any portion of this project or adjust
quantities as it may deem necessary to stay within the City's available funds. Should the
City elect to delete any portion, the contract quantities will be adjusted accordingly.
SUBMITTED ON ~'eb. 12, 7-001
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 20
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert full name and address or legal title of Contractor)
Denny P. Brown, Inc. DBA B & B Concrete Sawing
1830 Garden Springs, Dallas, TX 75253
as Principal, hereinafter called the Principal, and
International Fidelity Insurance Company (Here insert full name and address or legal title of Surety)
8144 Walnut Hill Ln., Ste. 693, Dallas, TX 75231
a corporation duly organized under the laws of the State of New Jersey
as Surety, hereinafter called the Surety, are held and firmly bound unto
The City of Coppell (Here insert full name and address or legal title of Owner)
P.O. Box 478, Coppell, TX 75019
as Obligee, hereinafter called the Obligee, in the sum of Five percent of the greatest amount bid
Dollars ($ 5% GAB )'
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, The Principal has submitted a bid for
(Here insert full name, address and description of project)
Bid No. 0101-03 Sidewalk Repair
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to
exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and
void, otherwise to remain in full force and effect.
Signed and sealed this 13th day of February 2001
Denny P. Brown, Inc. DBA B & B Concrete Sawing
! ~v 7 (Title)
%~~ ~ International Fidelity Insurance Company
(Surety) (Sea!)
Michael B. Hill ' ney-In-Fact
AIA DOCUMENT A310. BID BOND. AIA ·. FEBRUARY 1970 ED. THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution
Tel (973)624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS
IGNC, W ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
CINDY FOWLER, DEBBIE SMITH, MICHAEL B. HILL, WILLIAM D. BALDWIN, SUZANNE C. BALDWIN
Richardson, TX.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory m the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, I974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the C.ompany and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
FIDELITY INSURANCE COMPANY has caused this insn'ument to be
IN TESTIMONY WHEREOF, INTERNATIONAL
signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998.
INTERNATIONAL FIDE~CE COMP~tl~
STATE OF NEW JERSEY ~ ~
County of Essex
On this 31st day of August 1998, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal.
at the City of Newark, New Jersey the day and year first above written.
CERTIFICATION My Commission Expires Nov. 21, 2000
I, the undersigned officer of INTERNATIONAL FIDELITY INSURP~NCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 13th day of February{ 2001,
Assistant Secretary
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, fights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, Texas 78714-9104
FAX No. (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact
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.
Bid Bond
SURETY DEPARTMENT
Conforms with the American Institute of
Architects, A.I.A Documents No. A-310
KNOW ALL MEN BY THESE PRESENTS,
That we, Abcon Paving~ Inc. as Principal
herinafter called the Principal, and Cumberland Casualty & Surety Company
a corporation created and existing under the laws of the State of Forida whose principal office is in Tampa as Surety, hereinafter
called the Surety, are held and firmly bound unto Cit~ of Coppell as Obligee,
hereinaRcr called the Obligce,
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID
Dollars ($ 5% GAB )
for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents
Whereas, the Principal has submitted a bid for Sidewalk Repair - Job No. 0101-03
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and
sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution
thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee
the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in
good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in
full force and effect
Signed and sealed this 13 day of February , 2001
Abcon Paving~ Inc.
.4 (~Principal) ·
Cumberland Casualty & Surety Company
(Surety)
By (~fl.~' ~t, _~./~ _. (SEAL)
~t~rry .~i'k~r~ -' Attorney-in-fact
CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY
TAMPA, FLORIDA
PRINCIPAL: Abcon Paving. Inc. EFFECTIVE DATE: 2/13/01
1045 g. ~ 121 Le~risville, TX 75057
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT: 5ZGAB AMOUNT OF BOND: $ 5ZGAB
POWER NO. CC -
KNOW ALL MEN BY THESE PRESENTS: That Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State
of Florida, having its principal office in the City of Tampa, Florida, pursuant to the following resolution, adopted by the Board of Directors of the said
Company on the 15th day of April, 1999, to wit:
"Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as
attorney(s)-in-fact, such persons, firms, or corporations as may be selected from time to time.
Be it Further Resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to any such Power of
Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or consents for the release of retained percentages and/or final estimates
on engineering and construction contracts or similar authority or undertaking to which it is attached."
Cumberland Casualty & Surety Company does hereby make, constitute and appoint Jerry A. Kiker or Richard W. Daiker
or James W. Leeker or William P. Simpson
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and
deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed ($2,000,000.00) dollars.
And to bind Cumberland Casualty & Surety Company thereby as fully and to the same. extent as if such bond or undertaking was signed by
the duly authorized officer of Cumberland Casualty & Surety Company, and all the acts of said attorney(s)-in-fact pursuant to the authority herein given,
and hereby ratified and confirmed.
IN WITNESS WltEREOF, Cumberland Casualty & Surety Company has caused these presents to be signed by an officer of the
Company and its Corporate Seal to be hereto affixed.
O {ddward J./~enfield IV, President
STATE OF FLORIDA )
) SS
COUNTY OF HILLSBOROUGH)
On this 15th day of April, A.D. 1999, before me personally came Edward J. Edenfield IV, to me known, who being by me duly sworn did
depose and say; that he resides in the County of Hillsborough, State of Florida; that he is President of Cumberland Casualty & Surety Company, the
corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instruments is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto
by like order.
=[~_k '~ ~.,~ Expires August 22. 2002
~ ~] z~.~'~,~,' BONDED THRU '--Beverly Aim Jcarfy
vr ,- ATLANTIC 8ONO~4G CO.. INC. My commission expires
STATE OF FLORIDA )
) SS
COUNTY OF HILLSBOROUGH)
I, the undersigned, Secretary of Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing
and attached.POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Tampa. Dated the 13th day of Yebrua..~j~ , 200__.___~1 ..
// .//' -
.... C?r6¥S. Black, Secretary
THIS BOND NOT VALID UNLESS PRINTED ON GREEN' PAPER