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DR0602-CN061108OLDEN Craig Olden, Inc. September 25, 2006 The City of Coppell 732 Deforest Coppell, Texas 75019 Phone: 972.304.7044 Fax: 972.304.3570 oUD ' lJ� 0A S I Attn: Mr. Keith Marvin RE: Winding Hollo� Coppell, Texas RFQ #: 5984 Drive Drainage Imprvts Gentlemen: e (1) mobilization. ng shall be by others. o6 We appreciate the opportun y to work with you and to quote complete and in- place, the following work at the above referenced site; subject tote Notes listed below, the attached General Conditions, and in accordance with the plans and specifications prep red by the City of Coppell: To Excavate and Instaa Reinforced Concrete Pilot Channe and Rock Rip Rap Notes: 1. This quotation is based on 2. Construction lay out and sta 3. This quotation is good for 11 If this document is acceptable as an ACCEPTED: THE,01TY OF B y . Title: Date: Attachment: General Notes MG /kd 64 Lump Sum $ 24,600.00 ) days. ement to work by, please sign and return one copy. Mike George Construction Operations Craig Olden, Inc. e r- P.O. Box 5000, Little Elm, TX 75068 • 972.294.5000 • 1.800.4 2.4667 • Fax 972.294.2664 • www.oldeninc.com SF -GCPB GENERAL CONDITIONS Public Work R 09/25/06 kd 1. Final contract amount shall be actual quantity of work complete and in -place when applicable. 2. All permits, approvals or agreements including any temporary underground easements for anchors /nails from any city, county, state, federal agency, or any other entity shall be secured and paid for by others. 3. No performance and payment bonds are included. 4. No AGC dues are included if CONTRACTOR is an AGC member. 5. All staking of the line and grade of proposed work shall be by others. COINC shall not be held liable for inaccurate or incomplete staking. 6. All testing other than anchors shall be secured and paid for by others. 7. Storm Water Pollution Plan, if required, shall be secured, implemented, and maintained by others. 8. Sanitary facilities shall be fumished and maintained by others. 9. Barricades shall be furnished and maintained by others. 10. Suitable access to the worksite shall be provided and restored by others. 11. Restoration or establishment of vegetation or turf shall be by others. 12. Existing lines, wires, pipes, or other underground structures or improvements shall be located and marked by others. COINC shall repair any damage caused by COINC to marked locations. Repairs or replacement of any unmarked locations of the foregoing, or relocation if conflicting with the proposed work, shall be by others. 13. COINC shall furnish valid certificates of insurance evidencing general liability, auto liability, worker's compensation and umbrella coverage, prior to commencing work. 14. Progress payments shall be monthly in the amount of the same percentage as per the OWNER's Contract with the CONTRACTOR for work completed and materials delivered. All monthly and final payments including retainage shall be due within five (5) days of CONTRACTOR'S receipt of payment. For work under this contract with a total value less than $15,000.00, no retainage will be withheld. It is understood that payment in full does not constitute acceptance of the work until final acceptance by the OWNER. Prior to or at the time of receipt of each payment, COINC shall furnish a notarized waiver of lien. All payments past the due date shall have interest added at the rate of 12% per annum. If the CONTRACTOR should fail to make payments in accordance with this agreement, said agreement may be terminated by COINC for material breach by the CONTRACTOR following the delivery of a three (3) day written notice of termination to the CONTRACTOR. 15. In the event CONTRACTOR defaults in the performance of any of the terms, covenants, agreements, or conditions of the Contract and COINC seeks to enforce all or any part of this Contract, CONTRACTOR agrees to pay COINC's reasonable attorney's fees, whether suit is actually filed or not. 16. CONTRACTOR agrees that any employee or former employee of COINC or any firm related to COINC shall not be solicited for employment nor employed in any manner, including part-time employment or consultation, by the CONTRACTOR or any of its parent or affiliated companies, successor companies, or principals of the foregoing during the course of this agreement and for a period of one (1) year from the final acceptance date by the owner for the work in this agreement. 17. CONTRACTOR understands that work methods, techniques, information, equipment, and apparatuses of COINC are proprietary to COINC. CONTRACTOR agrees not to disclose any of the above by any methods including, but not limited to: verbally, drawings, video /photographic, or electronic imaging. 18. The drawings and other documents prepared by COINC accompanying this bid proposal or submitted subsequently are the property of COINC. COINC is the author of these drawings and documents and shall retain all common law, statutory, and other reserved rights, including the copyright. The drawings and specifications shall not be used by the CONTRACTOR on other projects or for completion of this project by others unless COINC is adjudged to be in default of this agreement. Submission of documents to meet official regulatory requirements of for similar purposes in connection with the project is not to be construed as publication in derogation of COINC's reserved rights. 19. WARRANTY — COINC will warrant that the referenced work will be free from defects on materials and workmanship for a period of one (1) year from the date of final billing. Warranty period for temporary shoring, if included as an item in the contract, shall be for the period as specified for duration of temporary shoring. This warranty is in lieu of all other warranties, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. COINC's sole remedy for a breach of the warranty will be the replacement or repair of the defective materials or workmanship and in no event will COINC be liable for any consequential or special damages. 20. Venue for any legal proceedings, or for any other cause, shall be Dallas County, Texas. This Contract shall be governed, construed, and enforced in accordance with the laws of the State of Texas. 21. This document constitutes the entire agreement between the parties. No previous oral statements or previous written documents shall form a part of the agreement.