CF-Coppell Rd SC-CS010720 T H E C I T Y O F'
COPPEI L
July 20, 2001
Lamar Waller
Texas Unified Constructors, Inc.
803 E. Main
Suite B
Allen, Texas 75002
Dear Mr. Waller
Please be advised that pursuant to your request we are writing to clarify the
Scope of Work and final contract price for purpose of assisting Texas Unified
Contractors, Inc. in obtaining its performance bond as a result of the variations
between the original bid and the awarded contract amount. We have prepared
the enclosed "Exhibit A" to clarify the final Scope of Work and contract price.
The enclosed "Exhibit A" will assist in defining the final Scope of Work.
If Exhibit A fails to sufficiently clarify the variance between the bid and final
award, as accepted by our City Council, please notify me at (972) 304-3643 or
Ken Crosby at (972) 934-8888 immediately as time is of the essence.
Please initial for execution of the contract.
Sincer_~.~~
Purchasing Agent
Print/Type Name Initial
JR:ja
255 PARKWAY 1~ P.O.BOX 478 ¢r COPPELL TX 75019 ~1~TEL 972/462 0022 ~lrFAX 972/304 3673
BID Q-0301-02 FIELD SERVICE OFFICES AND MAINTENANCE FACILITY
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home-nde municipality
(hereinafter referred to as the "Owner") and Texas Unified Constructors, Inc., (hereinafter referred to as the
"Contractor") for construction of Field Services Offices and Maintenance Facility, (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.I The Contract between the Owner and 1.5 INTENT AND INTERPRETATION
the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be 1.5.1 The intent of this Contract is to require
effective on the date this Agreement is executed by complete, correct and timely execution of the Work.
the last party to execute it. Any Work that may be required, implied or inferred
by the Contract Documents, or any one or more of
1.2. THE CONTRACT DOCUMENTS them, as necessary to produce the intended result
shall be provided by the Contractor for the Contract
1.2.1 The Contract Documents consist of this Price.
Agreement, the Invitation to Bid, Requirements .and
Instructions to Bidders, the Specifications, the 1.5.2 This Contract is intended to be an
Drawings, the Project Manual, all Change Orders and integral whole and shall be interpreted as internally
Field Orders issued hereafter, any other amendments consistent. What is required by any one Contract
hereto executed by the parties hereafter, together with Document shall be considered as required by the
the following (if any): Exhibit A, attached here to Contract.
and Incorporated herein by reference.
1.5.3 When a word, term or phrase is used in
Documents not enumerated in this Paragraph 1.2.1 this Contract, it shall be interpreted or construed,
are not Contract Documents and do not form part of first, as del'reed herein; second, if not defined,
this Contract. according to its generally accepted meaning in the
construction industry; and third, if there is no
1.3 ENTIRE AGREEMENT generally accepted meaning in the construction
industry, according to its common and customary
1.3.1 This Contract, together with the usage.
Contractor's performance and payment bonds for the
Project, all General Conditions, Special Conditions, 1.5.4 The words "include", "includes", or
Plans and Specifications, and Addenda attached "including", as used in this Contract, shall be deemed
thereto, constitute the entire and exclusive agreement to be followed by the phrase, "without limitation".
between the Owner and the Contractor with reference
to the Project. Specifically, but without limitation, 1.5.5 The specificatioh herein of any act,
this Contract supersedes any bid documents and all failure, refusal, omission, event, occurrence or
prior written or oral communications, representations condition as constituting a material breach of this
and negotiations, if any, between the Owner and Contract shall not imply that any other, non-specified
Contractor not expressly made a part hereof, act, failure, refusal, omission, event, occurrence or
condition shall be deemed not to constitute a material
breach of this Contract.
CITY OF COPPELL o PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 2
BID Q-0301-02 FIELD SERVICE OFFICES AND MAINTENANCE FACILITY
3.3 TIME IS OF THE ESSENCE 5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
3.3.1 All limitations of time set forth in the the Architect and upon Certificates for Payment
Contract Documents are of the essence of this subsequently issued to the Owner by the Architect,
Contract. the Owner shall make progress payments to the
Contractor on account of the Contract Price.
5.2.3 On or before the 25th day of each
ARTICLE IV month after commencement of the Work, the
Contractor shall submit an Application for Payment
CONTRACT PRICE for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
4.1 THE CONTRACTPRICE 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 and as in this Contract requirements properly provided, labor,
contract, the fixed sum of $3,000,000. materials and equipment properly incorporated in the
Work, less the total amount of previous payments
The sum set forth in this Paragraph 4.1 shall received from the Owner. Such Application for
constitute the Contract Price which shall not be Payment shall be signed by the Contractor and shall
modified except by written Change Order as provided constitute the Contractor's representation that the
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 5
Exhibit A
Total Scope of Work per the Original Bid Documents and the Field Services
Offices and Maintenance Facility Contract Except as follows:
A. Deletion of the following items:
1. On the Vehicle/Equipment Storage Building, the Contractor shall not
construct the improvements as depicted on drawing A.2.1, as set forth in the
Design of Field Office and Maintenance Facility Design, April 6, 2001, being
the West, North and South Elevations to said building but shall only construct
the concrete foundation including blockout spaces at each column setting
anchor bolts, and a %" steel plate cover at each block-out; all electrical power
and water within 5' of the foundation shall be stubbed out at the locations
indicated in the construction documents for future use.
B. Plus the addition of the following items:
1. Change Altemate #2 per bid specifications being that, all work elements to
replace extedor painting and seal coat on all extedor walls with a textured,
elastomedc coating with acrylic finish.
2. Lime stabilization per the letter Texas Unified Contractors, Inc. of June
4, 2001.
Otherwise the original Scope of Work as provide in 1.2.1 except as amended herein
of the Contract shall apply.
Total Contract Price in the Amount of $3,000,000.
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