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SW0101-CN010321
T H E: C: I T Y 0 F CO?PELL ENGINEERING / PUBLIC WORKS DEPARTMENT _ STANDARD FIXED PRICE AGREEMENT FOR THE CONSTRUCTION OF THE SIDEWALK PAVEMENT REPAIR PROJECT March 2001 255 PARKWAY ~I~ 52 0022 ~' FAX 972/304 3673 SIDEWALK PAVEMENT REPAIRS Bid #Q 0101-03 - 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 maintained 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. 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. - CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid #Q 0101-03 12. It is the contractor's responsibility to obtain utility locations. Any damage to existing utilities will be the sole responsibility of the contractor. Contractor will be responsible for backfilling - behind the 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 o£ project, road closure in£ormation and contact number(s). 14. All items necessary to complete the work including but not limited to traffic control plan, repair o£ irrigation systems, sodding, resetting existing signs, etc. are subsidiary to the price - bid. 1 $. All the work contained in this contract lies within the city limits of the City o£ 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. The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1 - & 1/2) times the base hourly rate. The rates specified are journeyman rates. Apprentices may be used on the project and may - be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate not less than 60% of the journeyman's wage as shown. At no time shall a journeyman supervise more than one (1) '- apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. - CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid #Q 0101-03 BID SHEET Q-0101-03 SECTION I SIDEWALK FAILURES 1. 156 Glenwood 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 17. 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 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid #Q 0101-03 BID SHEET Q-0101-03 - SECTION I SIDEWALK FAILURES Annrox. - Description So~uare Feet 26. 409 Willow Springs 184 - 27. 231Timber 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 COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid #Q 0101-03 BID SHEET Q-0101-03 SECTION I SIDEWALK FAILURES - Description ~ 51. 342 Spanish Moss 260 - 52. 408 Greenridge 80 Parkway ~ High School ~d) ~'~'~ ,~ ~ 53. - 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 LakeForest Dr 32 66. 212 Highland Meadow 150 67. 306 Parkwood 160 68. 224 Willow Springs 72 69. 225 Heatherglen 120 70. 232 Heatherglen 70 72. 720 Robin 85 73. 411 Woodhurst 24 - 74. 213 Hill 40 75. 312 Woodhurst 100 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid #Q 0101-03 BID SHEET Q-0101-03 - SECTION I SIDEWALK FAILURES Approx. -- Descr~tion 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. 125 Heartz 80 - 88. 668 Quail 40 89. 425 Phillips 132 - 90. 936 Redwing 110 91. 223 Woodhurst 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 COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD * COPPELL,TEXAS 75019 SIDEWALK PAVEMENT REPAIRS Bid #Q 0101-03 BID SHEET Q-0101-03 SECTION I SIDEWALK FAILURES ADnrox. 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 FEET 14,609 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019 SIDEWALK REPAIR ~-.. ~ BID SUMMARY ' :~ ~'~ ~.ltem DescriP~'ion Quantity Bid Price Total Bid ;~ 106 ~ Rem°veand'replace 14,609 SF NUMBER OF. CALENDAR DAYS TO COMPLETE THE WORK * Note: All work must be completed by September 30, 2001. Comm~U~niCations conceming this Bid shall be addressed to the address of BIDDER indicati~d'~n the applicable signature page. BIDDER Understands that the Owner is exempt from State Limited Sales and Use Tax on tangible Pe~onal property to be incorporated into the project. Said taxes are not included in the~i~Ct'P~ice (see Instructions to Bidders). The t~$ Used in this Bid which are defined in the General Conditions of the Oonst~ction~' COntract inClUded as part of the Contract Documents have the meanings assign~d' t° t~em 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 CITY OF COPP;:_LL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 20 ., SIDEWALK REPAIR BID AFFIDAVIT gned certifies that the bid prices contained in this bid have been carefully 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 Spe. e~cifications 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 "~'w~o after b~nng 'by me duly sworn, did depose and say: · R.J. Evans, Jr. Vice President "1, am a duly authorized officer/agent for nj~Akn-UM CONT~ACT!.NG, !HC. and have been duly authorized to execute the foregoing on behalf of the said QUANTUM CONTRACTING, 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." QUANTUM CONTRACTING, INC. P.O. BOX 430 Name and address of Bidder: 2305 RIDGE RD. ~06 Telephone: ('~? ~;~) ~7/~ ~5-// by: Vice President RJ. fivans..Jr. Title: Vice President Signature: SUBSCRIBED.~_..,~AND SWORN to before me by the above nar~e~ ~/J~- ~ ' ~- ~'; -~ My Corem Exp 02-06-2003 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 2t 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 Quantum Contracting Inc., (hereinafter referred to as the "Contractor") for construction of Sidewalk Repair, (hereinafter referred to as the "Project"), the Owner and the Contractor hereby agreeing as follows: ARTICLE I 1.4 No PRIVITY WITH OTHERS THE CONTRACT AND THE CONTRACT 1.4.1 Nothing contained in this Contract shall DOCUMENTS create, or be interpreted to create, privity or any other contractual agreement between the Owner and any 1.1 THE CONTRACT person or entity other than the Contractor. 1.1.1 The Contract between the Owner and 1.5 INTENT AND INTERPRETATION -- the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be 1.5.1 The intent of this Contract is to require effective on the date this Agreement is executed by complete, correct and timely execution of the Work. _ the last party to execute it. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of 1.2. THE CONTRACT DOCUMENTS them, as necessary to produce the intended result shall be provided by thc Contractor for the Contract .... 1.2.1 The Contract Documents consist of this Price. Agreement, the Invitation to Bid, Requirements and Instructions to Bidders, the Specifications, the 1.5.2 This Contract is intended to be an ~ Drawings, the Project Manual, all Change Orders and integral whole and shall be interpreted as internally Field Orders issued hereafter, any other amendments consistent. What is required by any one Contract hereto executed by the parties hereafter, together Document shall be considered as required by the with the following (if any): Contract. Documents not enumerated in this Paragraph 1.2.1 1.5.3 When a word, term or phrase is used in are not Contract Documents and do not form part of this Contract, it shall be interpreted or construed, this Contract. first, as def'med herein; second, if not defined, according to its generally accepted meaning in the 1.3 ENTIRE AGREEMENT construction industry; and third, if there is no generally accepted meaning in the construction 1.3.1 This Contract, together with the industry, according to its common and customary Contractor's performance and payment bonds for the usage. Project, all General Conditions, Special Conditions, ._. Plans and Specifications, and Addenda attached 1.5.4 The words "include", "includes", or thereto, constitute the entire and exclusive agreement "including", as used in this Contract, shall be deemed between the Owner and the Contractor with reference to be followed by the phrase, "without limitation". to the Project. Specifically, but without limitation, .... this Contract supersedes any bid documents and all 1.5.5 The specification herein of any act, prior 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 or condition shall be deemed not to constitute a material breach of this Contract. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 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. forms, unless the context of their usage clearly _~ requires a contrary meaning. 1.6 OWNERSHIP OF 1.5.7 The Contractor shall have a continuing CONTRACT DOCUMENTS duty to read, carefully study and compare each of the -- Contract Documents, the Shop Drawings, the Product 1.6.1 The Contract Documents, and each of Data, and any Plans and Specifications, and shall them, shall remain the property of the Owner. The give written notice to the Owner of any Contractor shall have the right to keep one record set inconsistency, ambiguity, error or omission which of the Contract Documents upon completion of the the Contractor may discover with respect to these Project; provided, however, that in no event shall documents before proceeding with the affected Contractor use, or permit to be used, any or all of Work. The issuance, or the express or implied such Contract Documents on other projects without approval by the Owner or the Architect of the the Owner's priorwritten authorization. Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this ARTICLE II Contract. The Owner has requested the Architect to only prepare documents for the Project, including the THE WORK -- Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and 2.1 The Contractor shall perform all of the sufficient for construction. HOWEVER, THE Work required, implied or reasonably inferable from, OWNER MAKES NO REPRESENTATION OR this Contract. " WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH 2.2 WORK DOCUMENTS. By the execution hereof, the __ Contractor acknowledges and represents that it has 2.2.1 The term "Work" shall mean whatever received, reviewed and carefully examined such is done by or required of the Contractor to 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, power, permits and licenses required of the to inspect the Project site and assumes any and all Contractor, fuel, heat, light, cooling and all other - responsibility for inadequacies or ambiguities in the utilities as required by this Contract. The Work to be plans, drawings or specifications as well as for latent performed by the Contractor is generally described as conditions of the site where the work is to be performed, follows: 1.5.8 As between numbers and scaled Sidewalk Repairs 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 SIDEWALK 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 $__0__ per day for 3.1 TIME ANDLIQUIDATEDDAMAGES each calendar day that substantial completion is certified in advance of the scheduled completion - 3.1.1 The Contractor shall commence the date. Work within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of 3.1.4 No claim shall be made by the _. the Work no later than NA calendar days from Contractor to the Owner, and no damages, costs or the date specified in the Notice to Proceed. The extra compensation shall be allowed or paid by the parties acknowledge that time is of the essence in the Owner to the Contractor for any delay or hindrance performance of the terms of this Contract. The term from any cause in the progress or completion of the .... calendar days" shall mean any and all days of the Work or this Contract. The Contractor's sole remedy week or month, no days being excepted. It is in the event of any delay or hindrance shall be to contemplated by the parties that the progress of the request time extensions by written change orders as Work may be delayed by certain conditions beyond provided for hereinafter. Should the Contractor be the control of the parties; these delays have been delayed by an act of the Owner, or should the Owner contemplated by the parties and considered in the order a stoppage of the Work for sufficient cause, an time allotted for performance specified herein and extension of time shall be granted by the Owner by - includes, but is not limited to delays occasioned on written authorization upon written application, which account of adverse weather, temporary unavailability extension shall not be unreasonably denied, to of materials, shipment delays, and the presence and compensate for the delay. potential interference of other contractors who may be performing work at the Project site unrelated to 3.1.5 The Owner shall have the authority to this agreement, suspend the Work wholly or in part for such period or periods of time as it may deem appropriate due to The number of calendar days from the date on which unsuitable conditions considered unfavorable for the the Work is permitted to proceed, through the date proper prosecution of the Work or for the failure of set forth for Substantial Completion, shall constitute the Contractor to carry out instructions from the the "Contract Time". Owner or Owner's representative. During any period -' in which the Work is stopped or during which any of 3.1.2 The Contractor shall pay the Owner the the Work is not actively in progress for any reason, sum of $__0__ per day for each and every Contractor shall properly protect the site and the calendar day of unexcused delay in achieving Work fromdamage, loss or harm. Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any 3.2 SUBSTANTIAL COMPLETION sums due and payable hereunder by the Contractor - shall be payable, not as a penalty, but as liquidated 3.2.1 "Substantial Completion" shall mean damages representing an estimate of delay damages that stage in the progression of the Work when the likely to be sustained by the Owner, estimated at or Work is sufficiently complete in accordance with this . before the time of executing this Contract. When the Contract that the Owner can enjoy beneficial use or Owner reasonably believes that Substantial occupancy of the Work and can utilize the Work for Completion will be inexcusably delayed, the Owner its intended purpose, even though minor shall be entitled, but not required, to withhold from miscellaneous work and/or adjustment may be - any amounts otherwise due the Contractor an amount required. then believed by the Owner to be adequate to recover CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 25 BID Q-0101-03 SIDEWALK REPAIR 3.3 TIME IS OF THE ESSENCE 5.2.2 PROGRESS PA YMENTS - Based upon the Contractor's Applications for Payment submitted to 3.3.1 All limitations of time set forth in the thc Architect and upon Certificates for Payment Contract Documents are of thc essence of this subsequently issued to the Owner by the Architect, Contract. the Owner shall make progress payments to the Contractor on account of the Contract Price. 5.2.3 On or before the 25th day of each ARTICLE IV month after commencement of the Work, the Contractor shall submit an Application for Payment CONTRACT PRICE for the period ending the 15th day of the month to the Architect in such form and manner, and with such 4.1 THE CONTRACT PmCE 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, _ $ Per Schedule "A". materials and equipment properly incorporated in the Work, less the total amount of previous payments The sum set forth in this Paragraph 4.1 shall received from the Owner. Such Application for constitute the Contract Price which shall not be Payment shall be signed by the Contractor and shall 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 V that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the _ PAYMENT OF THE CONTRACT PRICE Architect will review the Application for Payment and may also review the Work at the Project site or 5.1 SCHEDULE OF VALUES 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 fight, 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 (10) additional days' written interpreted to constitute an acceptance of any Work notice to the Owner and the Architect, and without not in strict accordance with this Contract. prejudice to any other available fights 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 shah not accrue interest or other late - 5.3.1 The Owner may decline to make charges. payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts 5.5 SUBSTANTIAL COMPLETION previously paid to the Contractor, to protect the Owner from loss because of: 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall (a) defective Work not remedied by the submit to the Architect a list of items to be completed -- Contractor nor, in the opinion of the or corrected. When the Architect on the basis of an Owner, likely to be remedied by the inspection determines that the Work is in fact Contractor; substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date (b) claims of third parties against the of Substantial Completion, shall state the Owner or the Owner's property; responsibilities of the Owner and the Contractor for Project security, maintenance, heat, utilities, damage - (c) failure by the Contractor to pay to the Work, and insurance, and shall fix the time Subcontractors or others in a prompt within which the Contractor shall complete the items and proper fashion; listed therein. Guarantees required by the Contract shall commence on the date of Substantial (d) evidence that the balance of the Work Completion of the Work. The Certificate of cannot be completed in accordance with Substantial Completion shall be submitted to the the Contract for the unpaid balance of Owner and the Contractor for their written ~ the Contract Price, acceptance of the responsibilities assigned to them in such certificate. (e) evidence that the Work will not be completed in the time required for Upon Substantial Completion of the Work, and - substantial or £mal completion; execution by both the Owner and the Contractor of the Certificate of Substantial Completion, the Owner CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 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 hundred percent (100%) of the Contract Price less Architect its affidavit that all payrolls, invoices for three hundred percent (300%) of the reasonable cost materials and equipment, and other liabilities as determined by the Owner and the Architect for connected with the Work for which the Owner, or the completing all incomplete Work, correcting and Owner's property might be responsible, have been bringing into conformance all defective and fully paid or otherwise satisfied; releases and waivers -- nonconforming Work, and handling all unsettled of lien from all Subcontractors of the Contractor and claims, of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to 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 f'mally Owner, the Contractor shall furnish a bond complete and the Contractor is ready for a final satisfactory to the Owner to discharge any such lien --~ inspection, it shall notify the Owner and the Architect or indemnify the Owner from liability. thereof in writing. Thereupon, the Architect will make f'mal inspection of the Work and, if the Work is 5.6.3 The Owner shall make final payment of complete in full accordance with this Contract and all sums due the Contractor within ten (10) days of - this Contract has been fully performed, the Architect the Architect's execution of a final Certificate for will promptly issue a 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 withheld constitute a waiver of all claims against the Owner by pursuant to this Contract. If the Architect is unable the Contractor except for those claims previously to issue its final Certificate for Payment and is made in writing against the Owner by the Contractor, .... required to repeat its final inspection of the Work, the pending at the time of final payment, and identified Contractor shall bear the cost of such repeat final in writing by the Contractor as unsettled at the time inspection(s) which cost may be deducted by the of its request for final payment. _ Owner from the Contractor's final payment. 5.6.5 Under no circumstance shall Contractor 5.6.1.1 If the Contractor fails to achieve final be entitled to receive interest on any payments or completion within the time fixed therefor by the monies due Contractor by the Owner, whether the -- Architect in its Certificate of Substantial Completion, amount on which the interest may accrue is timely, the Contractor shall pay the Owner the sum set forth late, wrongfully withheld, or an assessment of hereinabove as liquidated damages per day for each damages of any kind. and every calendar day of unexcused delay in achieving £mal completion beyond the date set forth herein for fmal 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 THINGS reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but REQUIREr} 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 £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 75010 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 STOP WORK 7.3 The Contractor shall supervise and - 6.2.1 If the Contractor persistently fails or direct the Work using the Contractor's best skill, refuses to perform the Work in accordance with this effort and attention. The Contractor shall be Contract, or if the best interests of the public health, responsible to the Owner for any and all acts or safety or welfare so require, the Owner may order the omissions of the Contractor, its employees and others Contractor to stop the Work, or any described portion engaged in the Work on behalf of the Contractor. thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that 7.3.1 The Contractor shall give adequate · Work be resumed. In such event, the Contractor attention to the faithful prosecution of the Work and shall immediately obey such order, the timely completion of this Contract, with authority to determine the manner and means of performing 6.3 OWNER'S RIGHT TO PERFORM WORK such Work, so long as such methods insure timely completion and proper performance. 6.3.1 If the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the Contractor 7.3.2 The Contractor shall exercise all -- fails within seven (7) days of such stoppage to appropriate means and measures to insure a safe and provide adequate assurance to the Owner that the secure jobsite in order to avoid and prevent injury, cause of such stoppage will be eliminated or damage or losstopersonsorproperty. 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 fumished will be of good quality and new unless Price is insufficient to cover the amount due the otherwise permitted by this Contract, and that the Owner, the Contractor shall pay the difference to the Work will be of good quality, free from faults and ~._ Owner. defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 7.5 The Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary CiTY OF COPPELL · PURCHASING DEPARTMENT ° 255 PARKWAY BOULEVARD ° COPPELL, TEXAS 75019 Page 29 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 lawpertainingtotheWork, 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 f'mal 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 --- communications from the Owner or the Architect. DATA AND SAMPLES 7.6.2 Key supervisory personnel assigned by the 7.9.1 Shop Drawings, Product Data, Samples Contractor to this Project are as follows: and other submittals from the Contractor do not constitute Contract Documents. Their purpose is NAME FUNCTION merely to demonstrate the manner in which the Contractor intends to implement the Work in '~' 'ZT"~'~"~ ~"~'~4,7 /"J~ conformance with information received from the ~/~.~.~,~/j ~'9'~/ Contract Documents. d~"~°f 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 final completion of the Work, the Contractor shall clean the site and the Project and remove all 7.7 The Contractor, within fifteen (15) days waste, rubbish, temporary structures, and other of commencing the Work, shall submit to the Owner materials together with all of the Contractor's and the Architect for their information, the property therefrom. Contractor shall dispose of all Contractor's schedule for completing the Work. The refuse at a Texas Natural Resource Conservation Contractor's schedule shall be revised no less Commission approved landfill. The Contractor shall frequently than monthly (unless the parties otherwise further restore all property damaged during the agree in writing) and shall be revised to reflect prosecution of the Work and shall leave the site in a conditions encountered from time to time and shall clean and presentable condition. No additional be related to the entire Project. Each such revision payment shall be made by the Owner for this work, shall be furnished to the Owner and the Architect. the compensation having been considered and Failure by the Contractor to strictly comply with the included in the contract price. provisions of this Paragraph 7.7 shall constitute a 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 indemnification agreement that will be primary and access to the Work at all times from commencement non-contributory as to any insurance maintained by - of the Work through 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 withtheContractrequirements, indemnified under this Paragraph 7.12 by an employee of the Contractor, a Subcontractor, anyone 7.12 INDEMNITY AND DISCLAIMER directly or indirectly employed by them or anyone - for whose acts they may be liable, the 7.12.1 OWNER SHALL NOT BE LIABLE indemnification obligation under this Paragraph 7.12 OR RESPONSIBLE FOR, AND SHALL BE shall not be limited by a limitation on amount or type INDEMNIFIED, DEFENDED, HELD HARMLESS of damages, compensation or benefits payable by or - AND RELEASED BY CONTRACTOR FROM for the Contractor or a Subcontractor under workers' AND AGAINST ANY AND ALL SUITS, compensation acts, disability benefit acts or other ACTIONS, LOSSES, DAMAGES, CLAIMS, OR employee benefitacts. -~ LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF 7.13 NONDISCRIMINATION LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO 7.13.1 The Contractor shall not discriminate in - ANY PERSON, OR 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 IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING 7.14.1 The Contractor shall comply in all ANY DEFENSES OF THE PARTIES UNDER respects with all requirements imposed by any laws, TEXAS LAW. THE PROVISIONS OF THIS ordinances or resolutions applicable to the Project INDEMNI-FICATION ARE SOLELY FOR THE with regard to the minimum prevailing wage rates for BENEFIT OF THE PARTIES HERETO AND NOT all classes of employees, laborers, subcontractors, INTENDED TO CREATE OR GRANT ANY mechanics, workmen and persons furnishing labor RIGHTS, CONTRACTUAL OR OTHERWISE, TO and services to the Project. The City of Coppell has ANY OTHER PERSON OR ENTITY. IT IS THE adopted a Prevailing Wage Rate Schedule, available EXPRESSED INTENT OF THE PARTIES TO THIS to the Contractor by request, which specifies the AGREEMENT THAT THE INDEMNITY classes and wage rates to be paid to all persons. The PROVIDED FOR IN THIS CONTRACT IS AN Contractor shall pay not less than the minimum wage INDEMNITY EXTENDED BY CONTRACTOR TO rates established thereby for each class, craft or type ~ INDEMNIFY AND PROTECT OWNER FROM of labor, workman, or mechanic employed in the THE CONSEQUENCES OF THE execution of this Contract. The failure of the CONTRACTOR'S AS WELL AS THE OWNER'S Contractor to comply with this requirement shall NEGLIGENCE, WHETHER SUCH NEGLIGENCE result in the forfeiture to the City of Coppell of a sum - IS THE SOLE OR PARTIAL CAUSE OF ANY of not less than Sixty Dollars ($60.00) for each SUCH INJURY, DEATH, OR DAMAGE. person per day, or portion thereof, that such person is -- CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page31 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 OTHER CONTRACTORS including but not limited to its payroll records, account information and other documents as may be 7.17.1 The Contractor shall use best efforts to required by the Owner to insure compliance with this leave undisturbed and uninterrupted all utilities and provision, utility services provided to the jobsite or which -- presently exists at, above or beneath the location 7.15 JOB SITE SAFETY PRECAUTIONS where the Work is to be performed. In the event that any utility or utility service is disturbed or damaged 7.15.1 The Contractor shall at all times during the progress of the Work, the Contractor shall exercise reasonable precautions for the safety of its forthwith repair, remedy or restore the utility at employees, laborers, subcontractors, mechanics, Contractor's sole expense. workmen and others on and near the jobsite and shall - comply with all laws, ordinances, regulations, and 7.17.2 The Contractor understands and standards of federal, state and local safety laws and acknowledges that other contractors of the Owner or regulations. The Contractor shall provide such of other entities may be present at the jobsite machinery guards, safe walk-ways, ladders, bridges, performing other work unrelated to the Project. The and other safety devices as may be necessary or Contractor shall use best efforts to work around other appropriate to insure a safe and secure jobsite and contractors without impeding the work of others shall require its subcontractors to comply with this while still adhering to the completion date ._ requirement. The Contractor shall immediately established herein. In the event that the Contractor's comply with any and all safety requirements imposed work is or may be delayed by any other person, the by the Architect during the progress of the Work. Contractor shall immediately give notice thereof to the Architect and shall request a written Change - 7.16 WARNING DEVICES AND BARRICADES Order in accordance with the procedures set forth by this Contract. The Contractor's failure to provide 7.16.1 The Contractor shall furnish and such notice and to request such Change Order shall constitute a waiver of any and all claims associated ' maintain such warning devices, therewith. barricades, lights, signs, pavement markings, and other devices as may be - necessary or appropriate or required by the Architect to protect persons or .aml'iCL~:VIII property in, near or adjacent to the CONTRACT ADMINISTRATION jobsite, including No separate compensation shall be paid to the 8.1 TIIEARCItITECT Contractor for such measures. Where the Work is being conducted in, upon or 8.1.1 When used in this Contract the term near streets, alleys, sidewalks, or other "Architect" does not necessarily denote a duly licensed, trained or certified architect; as used herein, rights-of-way, the Contractor shall insure the term shall be used interchangeably and shall the placement, maintenance and mean a designated Architect, Engineer, or Contract operation of any and all such warning Administrator (who may not be an architect or devices as may be required by the City engineer) for the Owner, said person to be designated " or redesignated by the Owner prior to or at any time of Coppell and shall do so until no duringthe Work hereunder. The Architect may be an longer required by the City. Such employee of the Owner or may be retained by the . devices shall be in compliance with and Owner as an independent contractor but, in either conform to the manual and event, the Architect's duties and authority shall be as specifications for the uniform system of set forth hereinafter. The Contractor understands and traffic control devices adopted by the agrees that it shall abide by the decisions and "' instructions of the Architect notwithstanding the Texas Department of Transportation. contractual relationship between the Owner and · CITY OF COPPELL · PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 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 find it necessary or convenient to replace the Architect, the Owner shall 8.2.8 The Architect shall, upon written retain a replacement Architect and the status of the request from the Contractor, conduct inspections to replacement Architect shall be that of the former determine the date of Substantial Completion and the - Architect. date of £mal completion, will receive and forward to the Owner for the Owner's review and records, 8.2 ARCHITECT'S ADMINISTRATION written warranties and related documents required by this Contract and will issue a final Certificate for 8.2.1 The Architect, unless otherwise directed Payment upon complia, nce 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 fmal 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 first -- for the proper execution or progress of the Work with appearance of the condition giving rise to the claim reasonable promptness on request of the Contractor. or dispute who shall render a written decision within a reasonable time thereafter. The Architect's 8.2.4 The Architect will review the decisions shall be final and binding on the parties. In -- Contractor's Applications for Payment and will the event that either party objects to the Architect's certify to the Owner for payment to the Contractor, determination as to any submitted dispute, that party those amounts then due the Contractor as provided in shall submit a written objection to the Architect and - this Contract. the opposing party within ten (10) days of receipt of the Architect's written determination in order to 8.2.5 The Architect shall have authority to preserve the objection. Failure to so object shall reject Work which is defective or does not conform constitute a waiver of the objection for all purposes. to the requirements of this Contract. If the Architect deems it necessary or advisable, the Architect shall 8.3.2 Pending 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 UNKNOI~N 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 CL41M$ FOR ADDITIONAL TIME - If the - expressly provided herein. Should concealed, latent Contractor is delayed in progressing any task which or unknown conditions encountered in the at the time of the delay is then critical or which performance of the Work (a) below the surface of the during the delay becomes critical, as the sole result of - ground or (b) in an existing structure be at variance any act or neglect to act by the Owner or someone with the conditions indicated by this Contract, or acting in the Owner's behalf, or by changes ordered should unknown conditions of an unusual nature in the Work, unusual delay in transportation, differing materially from those ordinarily unusually adverse weather conditions not reasonably - encountered in the area and generally recognized as anticipated, fire or any causes beyond the inherent in Work of the character provided for in this Contractor's control, then the date for achieving Contract, be encountered, the Contract Price shall be Substantial Completion of the Work shall be · equitably adjusted by Change Order upon the written extended upon the written notice and claim of the notice and claim by either party made within seven Contractor to the Owner and the Architect, for such (7) days after the tn:st observance of the condition, reasonable time as the Architect may determine. Any As a condition precedent to the Owner having any notice and claim for an extension of time by the ~ liability to the Contractor for concealed or unknown Contractor shall be made not more than seven (7) conditions, the Contractor must give the Owner and days after the occurrence of the event or the first the Architect written notice of, and an opportunity to appearance of the condition giving rise to the claim _ observe, the condition prior to disturbing it. The and shall set forth in detail the Contractor's basis for failure by the Contractor to make the written notice requiring additional time in which to complete the and claim as provided in this Subparagraph shall Project. In the event the delay to the Contractor is a constitute a waiver by the Contractor of any claim continuing one, only one notice and claim for -- arising out of or relating to such concealed, latent or additional time shall be necessary. If the Contractor unknown condition and the Contractor thereby fails to make such claim as required in this assumes all risks and additional costs associated Subparagraph, any claim for an extension of time _ therewith, shall be waived. The procedures and remedies provided by this provision shall be the sole remedy of 8.3.4 Ct.41MS FOR At)Z)ITIONAZ CosT$ - 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 proper _. shall in no event include indirect costs or preservation of the issue as required herein, the consequential damages of the Contractor. The parties agree to submit to mediation. In such event, Owner shall not be liable to the Contractor for claims the parties shall agree to a designated person to serve of third parties, including Subcontractors. The Owner as mediator and each party shall be responsible for - shall not be liable to the Contractor for any claims payment of one-half of the total mediation fees. The based upon delay to the Contractor for any reason parties shall submit the dispute to mediation as soon ~' CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 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, _~z authorizing and directing a change in the Work or an 9.2 AWARD OF SUBCONTRACTS 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 PmCE ~__ The Owner shall promptly reply to the Contractor, in writing, stating any objections the Owner may have 10.3.1 Any change in the Contract Price to such proposed Subcontractor. The Contractor resulting from a Change Order shall be determined as shall not enter into a subcontract with a proposed follows: (a)by mutual agreement between the Owner Subcontractor with reference to whom the Owner has and the Contractor as evidenced by (1) the change in made timely objection. The Contractor shall not be the Contract Price being set forth in the Change required to subcontract with any party to whom the Order, (2) such change in the Contract Price, together Contractor has objection, with any conditions or requirements related thereto, being initialed by both parties and (3) the 9.2.2 All subcontracts shall afford the Contractor's execution of the Change Order, or (b) if Contractor rights against the Subcontractor which no mutual agreement occurs between the Owner and correspond to those rights afforded to the Owner the Contractor, then, as provided in Subparagraph against the Contractor herein, including those rights 10.3.2 below. afforded to the Owner by Subparagraph 12.2.1 below. All subcontracts shall incorporate by 10.3.2 If no mutual agreement occurs between reference the provisions hereof and shall provide that the Owner and the Contractor as contemplated in no claims, causes or demands shall be made by any Subparagraph 10.3.1 above, the change in the Subcontractor against the Owner. Contract Price, if any, shall then be determined by -- the Architect on the basis of the reasonable 9.2.3 The Contractor shall indemnify, defend expenditures or savings of those performing, deleting and hold harmless the Owner from and against any or revising the Work attributable to the change, and all claims, demands, causes of action, damage, including, in the case of an increase or decrease in and liability asserted or made against the Owner by the Contract Price, a reasonable allowance for direct or on behalfofany Subcontractor. job site overhead and profit. In such case, the - 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 Owner, payments on account shall be made to the Contractor 11.1 UNCOVERING WORK on the Architect's Certificate for Payment. 11.1.1 If any of the Work is covered contrary 10.3.3 If unit prices are provided in the to the Architect's request or to any provisions of this Contract, and if the quantifies 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 CItANGES above, it shall, if required by the Architect or Owner, -- be uncovered for the Architect's inspection. If such 10.4.1 The Architect shall have authority to Work conforms strictly with this Contract, costs of order minor changes in the Work not involving a uncovering and proper replacement shall by Change change in the Contract Price or an extension of the Order be charged to the Owner. If such Work does Contract Time and not inconsistent with the intent of not strictly conform with this Contract, the this Contract. Such minor changes shall be made by Contractor shall pay the costs of uncovering and written Field Order, and shall be binding upon the proper replacement. owner and the Contractor. The Contractor shall promptly carry out such written Field Orders. 11.2 CORRECTING WORK 10.5 EFFECT OF EXECUTED 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Architect as CHANGE ORDER defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated _ 10.5.1 The execution of a Change Order by the with correcting such rejected Work, including any Contractor shall constitute conclusive evidence of the additional testing and inspections, and reimbursement Contractor's agreement to the ordered changes 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 PARKVVAY 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 £mal payment by the Owner and and for materials, equipment, tools, construction termination of this Contract. With respect to Work equipment and machinery actually purchased or first performed and completed after Substantial rented solely for the Work, less any salvage value of Completion, this one year obligation to specifically any such items. correct defective and nonconforming Work shall be extended by the period of time which elapses 12.1.2 If the Owner shall persistently or - between Substantial Completion and completion of repeatedly fail to perform any material obligation to the subject Work. the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of its - 11.2.3 Nothing contained in this Paragraph intent to terminate hereunder, the Contractor may 11.2 shall establish any period of limitation with terminate performance under this Contract by written respect to other obligations which the Contractor has notice to the Architect and the Owner. In such event, under this Contract. Establishment of the one year the Contractor shall be entitled to recover from the - time period in Subparagraph 11.2.2 relates only to Owner as though the Owner had terminated the the duty of the Contractor to specifically correct the Contractor's performance under this Contract for Work. convenience pursuant to Subparagraph 12.2.1 _ hereunder. 11.3 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 written notice of such termination nonconforming Work, and (b) the difference between to the Contractor specifying when termination the fair market value of the Project as constructed becomes effective. and the fair market value of the Project had it not been constructed in such a manner as to include 12.2.1.2 The Contractor shall incur no further defective or nonconforming Work. If the remaining obligations in connection with the Work and the portion of the unpaid Contract Price, if any, is Contractor shall stop Work when such termination insufficient to compensate the Owner for its becomes effective. The Contractor shall also acceptance of defective or nonconforming Work, the terminate outstanding orders and subcontracts. The Contractor shall, upon written demand from the Contractor shall settle the liabilities and claims Owner, pay the Owner such remaining compensation arising out of the termination of subcontracts and for accepting defective or nonconforming Work. orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under ARTICLE XII terminated orders or subcontracts to the Owner or its designee. CONTRACT TERMINATION 12.2.1.3 The Contractor shall transfer title and 12.1 TERMINATION BYTHECONTRACTOR deliver to the Owner such completed or partially completed Work and materials, equipment, parts, 12.1.1 If the Work is stopped for a period of fixtures, information and Contract rights as the ninety (90) days by an order of any court or other Contractor has. public authority, or as a result of an act of the Government, through no fault of the Contractor or 12.2.1.4 (a) The Contractor shall submit a .... any person or entity working directly or indirectly for termination claim to the Owner and the Contractor, the Contractor may, upon ten (10) the Architect specifying the amounts CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 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,~u$£ 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, roles, regulations or orders of any public to the Contractor, the Owner shall authority having jurisdiction, or otherwise is guilty of pay the Contractor the following a violation of a material provision of this Contract, amounts: then the Owner may by written notice to the Contractor, without prejudice to any other right or (i) Contract prices for labor, materials, remedy, terminate the employment of the Contractor equipment and other services and take possession of the site and of all materials, accepted under this Contract; equipment, tools, construction equipment and machinery thereon owned by the Contractor and may (ii) Reasonable costs incurred in £mish the Work by whatever methods it may deem preparing to perform and in expedient. In such case, the Contractor shall not be performing the terminated portion of entitled to receive any further payment until the the Work, and in terminating the Work is 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 £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. claims, whether such operations be by the Contractor or by any Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any 13.3 ADDITIONAL INSURED ofthern, or by anyone whose acts of any of them may The Owner shall be named as an additional insured - be liable and from any special hazards, such as on the Commercial General Liability (Public), blasting, which may be encountered in the Owner's Protective Liability, and Excess/Umbrella performance of this contract in the amounts as shown Liability Insurance Policies furnished by the below in Paragraph 13.2.1. Contractor. 13.1.2 The Contractor shall not commence 13.4 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 identical _~ Completed Operations continued coverage no later than thirty(30) days prior Aggregate. to the expiration date shown on the Certificate of Insurance. Owner's Protective $600,000 per occurrence - Liability Insurance $1,000,000 aggregate -- CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 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 services - by the City of Coppell, Texas, for its benefit, on the project; including self insurance. 13.8 WORKER'S COMPENSATION (7) post a notice on each project site _ informing all persons providing services INSURANCE COVERAGE on the project that they are required to be covered, and stating how a person may 13.8.1 The Contractor shall: verify current coverage and report failure - to provide coverage. This notice does not (1) provide coverage for its employees satisfy other posting requirements providing services on a project, for the imposed by the Act or other commission _ duration of the project based on proper 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 Comm- work on the project; ission on the sample notice, without any additional words or changes: (3) provide the governmental entity prior to - the end of the coverage period, a new certificate of coverage showing extension REQUIRED WORKERS' COMPENSATION of coverage, if the coverage period shown COVERAGE on the contractor's current certificate of coverage ends during the duration of the "The law requires that each person working on this project; site or providing services related to this construction project must be covered by workers' compensation - (4) obtain from each person providing insurance. This includes persons providing, hauling, services on a project, and provide to the or delivering equipment or materials, or providing governmental entity: labor or transportation or other service related to the project, regardless of the identity of their employer or - (A) a certificate of coverage, prior to that status as an employee." person beginning work on the project, so the governmental entity will have "Call the Texas Workers' Compensation Commission _ on file certificates of coverage at 512-440-3789 to receive information on the legal showing coverage for all persons requirement for coverage, to verify whether your providing services on the project; and employer has provided the required coverage, or to (B) no later than seven days after receipt report an employer's failure to provide coverage." by the contractor, a new certificate of coverage showing extension of and coverage, if the coverage period _. shown on the current certificate of (8) contractually require each person with coverage ends during the duration of whom it contracts to provide services on a the project; project, to: (5) retain all required certificates of coverage (A) provide coverage based on proper on file for the duration of the project and reporting of classification codes for one year thereafter; and payroll amounts and filing of _~ any coverage agreements for all of (6) notify the governmental entity in writing its employees providing services on by certified mail or personal delivery, CITY OF COPPELL * PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 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 role; MISCELLANEOUS - (D) provide the Contractor, prior to the 14.1 LAWS AND ORDINANCES end of the coverage period, a new certificate of coverage showing 14.1.1 The Contractor shall at all times and in - extension of coverage, if the all respects observe and comply with all federal, state coverage period shown on the and local laws, ordinances, and regulations applicable current certificate of coverage ends to the Project and Work. The Contractor shall further during the duration of the project; insure that all Subcontractors observe and comply with said laws, ordinances and regulations. (E) obtain from each other person with whom it contracts, and provide to 14.2 GOVERNING LAW . the Contractor: 14.2.1 The Contract shall be governed by the (i) a certificate of coverage, laws of the State of Texas. Venue for any causes of prior to the other person action arising under the terms or provisions of this ' beginning work on the Contract or the Work to be performed hereunder project; and shall be in the courts of Dallas County, Texas. _ (ii) prior to the end of the 14.3 SUCCESSORS ANDASSIGNS coverage period, a new certificate of coverage 14.3,1 The Owner and Contractor bind showing extension of the themselves, their successors, assigns and legal - coverage period, if the representatives to the other party hereto and to coverage period shown on successors, assigns and legal representatives of such the current certificate of other party in respect to covenants, agreements and _. coverage ends during the obligations contained in this Contract. The duration oftheproject; Contractor shall not assign this Contract without written consent of the Owner. (F) retain all required certificates of --~ coverage on file for the duration of 14.4 SURETY BONDS the project and for one year thereafter; 14,4.1 If the Contract Price exceeds the sum of -- $25,000.00, the Contractor shall furnish separate (G) notify the governmental entity in performance and payment bonds to the Owner, writing by certified mail or according to the requirements set out in the bid personal delivery, within 10 days documents and state statutes to guaranty full and .. after the person knew or should faithful performance of the Contract and the full and have known, of any change that final payment of all persons supplying labor or materially affects the provision of materials to the Project. Each bond required by the . coverage of any person providing bid documents or state statute shall set forth a penal services on the project; and sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall (H) contractually require each other incorporate by reference the terms of this Contract as person with whom it contracts, to fully as though they were set forth verbatim in such perform as required by sub- bonds. In the event the Contract Price is adjusted by -' CiTY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 41 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 commencement of the Work, shall furnish to the Owner a two-year maintenance bond in the amount of one hundred percent (100%) -- of the Contract Price covering the guaranty and maintenance prescribed herein, written by an approved surety authorized and duly licensed to conduct business in the State of Texas. The cost of -- said maintenance bond shall be included in the Contractor's unit bid prices and shall be paid by the Contractor. 14.5 SEVERABILITY 14.5.1 The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination - shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not be included herein. 14.6 AMENDMENTS - 14.6.1 This Contract may be amended by the parties only by a written agreement duly executed by both parties. The failure of the Owner to object to any nonperformance or nonconforming work or to - enforce any provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any term or provision in this _ Contract, nor shall such failure to object or enforce estop the Owner from insisting on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of such nonperformance or nonconforming work. 14.7 NOTICES 14.6.1 All notices 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 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 42 BID Q-0101-03 SIDEWALK REPAIR EXECUTED in single or multiple originals, this,~-~'~dday of ,~"2~,f~ ,20~t/. CITY OF COPPELL CONTRACTOR: - QUANTUM CONTRACTING, INC. P O. BOX 438 APPROVED: . 2§05 RIDGE RD. / ROCKWALL, TEXAS 75(}87 Vice President (Type/Print Name and Title) ATTEST: QUAN .T~..M..C~. NTRAC'I'ING, INC. (Street Address) P.O. 2305 RIDGE RD. - ROCKWALL, TEXAS 75087 (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 '~~a~I'' couNTvo BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally - R.J. Evans, Jr. appeared: R.J. Evans, Jr. Vice President / 9 v.U~tF~l~a~rr~e}) (Print Title) of ~'~'~,~-~;~,~,_- ~'~',:~j~'~5-~_the Con,actor designated hereinabove, ~o~ to me to be ~e person ~d officer whose name is subscribed m ~e foregoing ~s~ment and ac~owledged m me ~at ~e same was ~e act of the said Con,actor, a co~oration, ~at he was duly au~or~ed to perfo~ the same by appropriate resolution of ~e bo~d of dkectors of such co~orafion and that he executed the same as ~e act and deed of such co~oration for the - pu~oses and consideration ~ere~ expressed, and in ~e capaci~ therei~stated. GI~~ OF OFFICE~e ~ ~~ C~~ , A.D., 200~. My Co~ssion expires: CITY MANAGER'S ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged - to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of~]~ ~.~t.~.D., ""l~ot~ry Public gand f~r th-~-~al'~b'trTexas My Commission expires: CiTY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page44 ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE,M.DD , 03/16/2001 iPRODIJCER (972) 772-1008 D~ane FAX (972) 771-3393 THIS CERTIFICATE IS ISSUED AS A MA1 EsR OF INFORMATION K & S Group, ThC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Keystone Southwest Tnsurance ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 1747 Rockwa13, TX 75087-1747 INSURERS AFFORDING COVERAGE -~NSURED Quantum Contracting, Tnc. INSURERA: National Fire Tnsurance Co. (CNA) ~NSURERB: Va31ey Forge Tnsurance Co. (CNA) i P O Box 430 INSURERC: Transcontinenta3 Tnsurance Co. (CNA) Rockwa33, TX 75087 tNSURERD: Transportation Tnsurance Co. (CNA) { INSURERE: Ohio Casualty Tnsurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ' ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POMCY NUMBER DATE (MMIDD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY :01075527611 11/22/2000 11/22/2001 EACH OCCURRENCE $ lmO00,O0(] X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 50 m 00(] I CLAIMS MADE I~l OCCUR: MED EXP (Any one person) $ 5,00(] iA X Contractua3 Liab. PERSONAL&ADVINJURY $ lmO00,00(] X CG2503 GENERAL AGGREGATE $ 2,000,00(] GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 2 m 000 m b I POLICY I-~PR°- JECT I~ LOC AUTOMOBILE LIABILITY i~UA1075527589 11/22/2000 11/22/2001 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) ]', 000, OOC L ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ B X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ L ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY 2026069688 10/06/2000 ],1/22/2000 EACH OCCURRENCE $ 1,000,000 X I OCCUR ~[ CLAIMS MADE AGGREGATE $ ]., O00m 000 C $ I DEDUCTIBLE $ X RETENTION $ 10,00(] $ WORKERS COMPENSATION AND ~]'075527592 ]..]../22/2000 11/22/200]' XToRyWC STATU-L MITS I OTH-ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 D E.L DISEASE- EA EMPLOYEE $ 1,000,000 E.L DISEASE- POLICY LIMIT $ I'm 000,000 OTHER ECO(0]'i) 52803984 12/20/2000 11/22/2001 $3,000,000 Occurrence Excess umbre31a E $3,000,000 Aggregate J.~DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS e: S~ dewal k Repa~ r :~ty of Coppe31 is named as addit~ona3 ~nsured on general liabi]~ty and umbre13a ]iab~3~ty pol~des. _1 CERTIFICATE HOLDER I { ADDITIONAL INSURED; INSURER LETTER: CANCELLATION --~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Coppel 1 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, J Attn: Division of Purchasing P. O. Box 478 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 255 Parkway OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Coppe33, TX 75019 AUTHORIZED REPRESENTATIVE ~1~~ I R~chard Daiker-1/DTANE --ACORD 25-S (7197) ©ACORD CORPORATION TEXAS STATUTORY PERFORMANCE BOND (PUBLIC WORKS) BOND NO. 778572 KNOW ALL MEN BY THESE PRESENTS: THAT, Quantum Contracting, Inc., P.O. Box 430, Rockwall, TX 75087,(hereinafter called the Principal), as Principal, and Capitol Indemnity Corporation, a corporation organized - and existing under the laws of the State of Wisconsin, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto City of Coppell, Texas, (hereinafter called the Obligee), in the amount of Seventy - Two Thousand Three Hundred Fourteen and 55/100 Dollars ($72,314.55) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the - r.~/~ day of /'"27 .~',,'~- ~ ,2001, for Construction of Sidewalk Repair, which contract is hereby referred to and made a part hereof as fully and to the _ same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That - if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, That this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined - in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. - IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this _ PRINCIPAL: Quantum Contracting, Inc. 4.. R.J. Evans. Jr. -. BY: Vice President -' SURETY: Capitol Indemnity Corporation ~'ndy W. l~oWler, Attorney-In-Fact TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS) BOND NO. 778572 KNOW ALL MEN BY THESE PRESENTS: THAT, Quantum Contracting, Inc., P.O. Box 430, Rockwall, TX 75087, (hereinafter called the Principal), as Principal, and Capitol Indemnity Corporation, a corporation organized and existing under the laws of the State of Wisconsin, licensed to do business in the State of Texas and admitted to write bonds, as surety (hereinafter called the Surety), are held and firmly bound unto City of Coppell, Texas, (hereinafter called the Obligee), in the amount of Seventy - Two Thousand Three Hundred Fourteen and 55/100 Dollars ($72,314.55) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the - c>?/~ day of ,,"2t~"-~ ,2001, for Construction of Sidewalk Repair, which contract is hereby referred to and made a part hereof as fully and to the _ same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That - if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined - in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ~D/'~ day of ,,/~'7~,/2~'~ ,2001. _ PRINCIPAL: Quantum Contracting, Inc. ~(~ ~-~.~ R.J. Evans, Jr. - BY: Vice President -- SURETY: Capitol Indemnity_ Corporation Cindy/W. Fowle~', Attorney-In-Fact BOND NO.: 778572 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Quantum Contracting, Inc. as Principal, and Capitol Indemnitw Corporation as Surety, are held and firmly bound unto City of Coppell, Texas Obligee, in the full and just sum of SevenW Two Thousand Three Hundred Fourteen and 55/100 ($72,314.55), lawful money of The United States for the payment whereof, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated _ for Construction of Sidewalk Repair and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to ~- guarantee for the period of Two (2) year(s) after approval of the final acceptance on said job, by the City, against all defects in workmanship and materials which may become - apparent during said period. NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall - indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void, otherwise to remain in full force and effect. Signed, Sealed and Dated This Day of /'~2~,~' ,2001. _ Quantum Contracting, Inc. (Principal) - 'u.__~'J~'~ ' By: Vice President (Witness) - Capitol Indemnity Corporation xtX.T (Surety) .~/_t.c450/Y3 By: (Witness) Cindy W./Fowler, ~tt~rney-ln-Fact 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 7 0 ? 8 9 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, WiScOn'~inl 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 obligato~ 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 Attest: ~¢'~~gl eM Schulte Secretary ' ' - , ~ E~CORPORI SEAL z°~ - ,President 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 beingby me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seall 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. STATE OF WISCONSIN COUNTY OF DANE ~ * *~ Jane F. Endres ~ ~ No~ry Public, Dane Co., WI My Commission Expires 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 ce~ificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and fudhermore that the Resolution of the Board of Directors, set fodh in the Power of Attorney is now in force. Signed and sealed at th eCi~ of Madison. Dated the _~¢,,?,,,~,~.___ day of~~~ ~ ~(SEAL /~ ~ Paul J. Brei~r, 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 or other reproductions are not binding on the company, inquiries concerning this power of attorney may be directed to the Bond Manager af the Home Office of the Capitol Indemnity Corporation. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 57 58 59 6t 62 63 65 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 85 86 87 88 89 9O 91 92 93 94 95 97 98 99 100 101 102 103 104 105 106 156 9O3 749 134 708 278 308 314 628 306 302 208 636 747 301 249 614 345 816 713 216 763 314 155 156 409 231 742 202 119 109 201 GLENWOOD DR ROLLING BROOK LN SPARROW LN WYNNPAGE DR FALCON LN PINYON LN LEISURE LN LODGE RD THOMPSON DR LODGE RD LODGE RD SALEM CT PARKWAY BLVD MEADOWLARK LN PARK MEADOW WAY PENUEL DR RAVEN LN WESTWOOD CT REDCEDAR WAY DR CARDINAL LN SALEM CT PELICAN LN PARKWOOD LN HIGHLAND MEADOW CIR HIGHLAND MEADOW CIR WILLOW SPRINGS DR TIMBER RIDGE LN SWALLOW DR MESQUITEWOOD ST MEADOW RUN CIR SIMMONS DR MAGNOLIA DR 315 PINYON LN 1012 HEMLOCK CT 270 PINYON LN 148 FINCH LN 405 PHILLIPS DR 300 PARKVIEW PL 450 WOODHURST DR 440 SHADOWCREST LN 201 MACARTHUR BLVD 120 DEANN LN 164 FINCH LN 204 SIMMONS DR 467 CLEARCREEK LN 1016 HEMLOCK CT 629 PHILLIPS DR 316 604 719 342 408 24O 43O 259 308 419 312 347 235 459 315 152 225 532 212 306 224 225 232 238 720 411 213 312 145 941 901 9O4 426 2O7 425 458 42O 128 7O3 125 668 425 936 223 136 339 727 112 466 819 275 252 829 448 132 224 441 127 719 HAWK LN LAKEWOOD CT PHILLIPS DR ORIOLE LN SPANISH MOSS DR GREENRIDGE DR BLACK OAK CIR CAMBRIA DR TIMBER RIDGE LN WOODHURST PL CAMBRIA DR MORNING MIST HEARTZ RD WOODHURST DR CAMBRIA DR TIMBER RIDGE LN HIGHLAND MEADOW CIR SIMMONS DR LAKE FOREST DR HIGHLAND MEADOW CIR PARKWOOD LN WILLOW SPRINGS DR HEATHER GLEN DR HEATHER GLEN DR FLAGSTONE LN ROBIN LN WOODHURST DR HILL DR WOODHURST PL CARRINGTON DR TUPELO DR ELMHILL CT ELMHILL CT CAMBRIA DR TARA CT PARKVIEW PL PHILLIPS DR SHADOWCREST LN HIGHLAND MEADOW CIR ORIOLE LN HEARTZ RD QUAIL LN PHILLIPS DR REDWING DR WOODHURST DR HIGHLAND MEADOW CIR TIMBER RIDGE LN HAWK LN DEANN LN CLEAR CREEK LN LAKEVIEW DR PARKWAY BLVD / Across the Str. WHISPERING HILLS DR BLUE JAY LN LEISURE LN SIMMONS DR TIMBER RIDGE LN PARKWAY BLVD HIGHLAND MEADOW CIR J SANDY 38 16 T H E · C I T Y · O F CO'FPELL City of Coppell . Sidewa. lk Rehab. Proje t Created ;IS M arch 2001ProjeCot., # SWO 1-0 1, '-'