SW FY 0607-CN070215BID NO. Q- 1106 -03 SIDEWALK PAVEMENT REPAIRS
X A s s
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
SIDEWALK PAVEMENT REPAIRS
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CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
BID Q- 1106 -03 SIDEWALK PAVEMENT REPAIRS
Cite of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home -rule municipality
(hereinafter referred to as the "Owner ") and __ ESTRADA CONSTRUCTION (hereinafter
referred to as the "Contractor ") for construction of _SIDEWALK PAVEMENT REPAIRS (hereinafter
referred to as the "Project "), the Owner and the Contractor hereby agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT
DOCUMENTS
1.1 THE CONTRACT
1.4 NO PRIVITY WITH OTHERS
1.4.1 Nothing contained in this Contract shall
create, or be interpreted to create, privity or any other
contractual agreement between the Owner and any
person or entity other than the Contractor.
1.1.1 The Contract between the Owner and
the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be
effective on the date this Agreement is executed by
the last party to execute it.
1.2. THE CONTRACT DOCUMENTS
1.2.1 The Contract Documents consist of this
Agreement, the Invitation to Bid, Requirements and
Instructions to Bidders, the Specifications, the
Drawings, the Project Manual, all Change Orders and
Field Orders issued hereafter, any other amendments
hereto executed by the parties hereafter, together with
the following (if any):
Documents not enumerated in this Paragraph 1.2.1
are not Contract Documents and do not form part of'
this Contract.
1.3 ENTIRE AGREEMENT
1.3.1 This Contract, together with the
Contractor's performance and payment bonds for the
Project, all General Conditions, Special Conditions,
Plans and Specifications, and Addenda attached
thereto, constitute the entire and exclusive agreement
between the Owner and the Contractor with reference
to the Project. Specifically, but without limitation,
this Contract supersedes any bid documents and all
prior written or oral communications, representations
and negotiations, if any, between the Owner and
Contractor not expressly made a part hereof.
1.5 INTENT AND INTERPRETATION
1.5.1 The intent of this Contract is to require
complete, correct and timely execution of the Work.
Any Work that may be required, implied or inferred
by the Contract Documents, or any one or more of
them, as necessary to produce the intended result
shall be provided by the Contractor for the Contract
Price.
1.5.2 This Contract is intended to be an
integral whole and shall be interpreted as internally
consistent. What is required by any one Contract
Document shall be considered as required by the
Contract.
1.5.3 When a word, term or phrase is used in
this Contract, it shall be interpreted or construed,
first, as defined herein; second, if not defined,
according to its generally accepted meaning in the
construction industry; and third, if there is no
generally accepted meaning in the construction
industry, according to its common and customary
usage.
1.5.4 The words "include ", "includes ", or
"including ", as used in this Contract, shall be deemed
to be followed by the phrase, "without limitation ".
1.5.5 The specification herein of any act,
failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this
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 2
BID Q- 1106 -03
1.5.6 Words or terms used as nouns in this
Contract shall be inclusive of their singular and plural
forms, unless the context of their usage clearly
requires a contrary meaning.
1.5.7 The Contractor shall have a continuing
duty to read, carefully study and compare each of the
Contract Documents, the Shop Drawings, the Product
Data, and any Plans and Specifications, and shall
give written notice to the Owner of any
inconsistency, ambiguity, error or omission which the
Contractor may discover with respect to these
documents before proceeding with the affected Work.
The issuance, or the express or implied approval by
the Owner or the Architect of the 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
Contract. The Owner has requested the Architect to
only prepare documents for the Project, including the
Drawings and Specifications for the Project, which
are accurate, adequate, consistent, coordinated and
sufficient for construction. HOWEVER, THE
OWNER MAKES NO REPRESENTATION OR
WARRANTY OF ANY NATURE WHATSOEVER
TO THE CONTRACTOR CONCERNING SUCH
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has
received, reviewed and carefully examined such
documents, has found them to be complete, accurate,
adequate, consistent, coordinated and sufficient for
construction, and that the Contractor has not, does
not, and will not rely upon any representation or
warranties by the Owner concerning such documents
as no such representation or warranties have been or
are hereby made. Further, the Contractor represents
and warrants that it has had a sufficient opportunity
to inspect the Project site and assumes any and all
responsibility for inadequacies or ambiguities in the
plans, drawings or specifications as well as for latent
conditions of the site where the work is to be
performed.
1.5.8 As between numbers and scaled
measurements on the Drawings and in the Design, the
numbers shall govern, as between larger scale and
smaller scale drawings, the larger scale shall govern.
1.5 .9 Neither the organization of any of the
Contract Documents into divisions, sections,
paragraphs, articles, (or other categories), nor the
organization or arrangement of the Design, shall
control the Contractor in dividing the Work or in
SIDEWALK PAVEMENT REPAIRS
establishing the extent or scope of the Work to be
performed by Subcontractors.
1.6 OWNERSHIP OF
CONTRACT DOCUMENTS
1.6.1 The Contract Documents, and each of
them, shall remain the property of the Owner. The
Contractor shall have the right to keep one record set
of the Contract Documents upon completion of the
Project; provided, however, that in no event shall
Contractor use, or permit to be used, any or all of
such Contract Documents on other projects without
the Owner's prior written authorization.
ARTICLE H
THE WORK
2.1 The Contractor shall perform all of the
Work required, implied or reasonably inferable from,
this Contract.
2.2 WORK
2.2.1 The term "Work" shall mean whatever
is done by or required of the Contractor to perform
and complete its duties under this Contract, including
the following: construction of the whole or a
designated part of the Project; furnishing of any
required surety bonds and insurance, and the
provision or furnishing of labor, supervision,
services, materials, supplies, equipment, fixtures,
appliances, facilities, tools, transportation, storage,
power, permits and licenses required of the
Contractor, fuel, heat, light, cooling and all other
utilities as required by this Contract. The Work to be
performed by the Contractor is generally described as
follows:
2.2.2 The Contractor shall be responsible for
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
completion of the Project. All materials shall be new
and materials and workmanship shall be of good
quality. Upon request, the Contractor shall furnish
satisfactory proof of the type, kind, and quality of
materials.
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BID Q- 1106 -03
ARTICLE III
CONTRACT TIME
3.1 TIME AND LIQUIDATED DANIAGES
3.1.1 The Contractor shall commence the
Work within 10 days of receipt of a written Notice to
Proceed, and shall achieve Substantial Completion of
the Work no later than September 30, 2007 from
the date specified in the Notice to Proceed. The
parties acknowledge that time is of the essence in the
performance of the terms of this Contract. The term
"calendar days" shall mean any and all days of the
week or month, no days being excepted. "Hours
worked before 8:00 a.m. after 5:00 p.m., all weekends
and holidays are subject to overtime. Overtime request
must be made in writing and approved by the City of
Coppell. Seventy -two hours notice required. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments." It is
contemplated by the parties that the progress of the
Work may be delayed by certain conditions beyond
the control of the parties, these delays have been
contemplated by the parties and considered in the
time allotted for performance specified herein and
includes, but is not limited to delays occasioned on
account of adverse weather, temporary unavailability
of materials, shipment delays, and the presence and
potential interference of other contractors who may
be performing work at the Project site unrelated to
this agreement.
The number of calendar days from the date on which
the Work is permitted to proceed, through the date set
forth for Substantial Completion, shall constitute the
"Contract Time ".
112 The Contractor shall pay the Owner the
sum of $__240_ per day for each and every
calendar day of unexcused delay in achieving
Substantial Completion beyond the date set forth
herein for Substantial Completion of the Work. Any
sums due and payable hereunder by the Contractor
shall be payable, not as a penalty, but as liquidated
damages representing an estimate of delay damages
likely to be sustained by the Owner, estimated at or
before the time of executing this Contract. When the
Owner reasonablv believes that Substantial
Completion will be inexcusably delayed, the Owner
shall be entitled, but not required, to withhold from
any amounts otherwise due the Contractor an amount
then believed by the Owner to be adequate to recover
liquidated damages applicable to such delays. if and
SIDEWALK PAVEMENT REPAIRS
when the Contractor overcomes the delay in
achieving Substantial Completion, or any part
thereof, for which the Owner has withheld payment,
the Owner shall promptly release to the Contractor
those funds withheld, but no longer applicable, as
liquidated damages.
3.1.3 In the event that the Contractor achieves
certification of substantial completion prior to the
scheduled completion date, the Owner shall pay to
the Contractor the sum of $_240_ per day for each
calendar day that substantial completion is certified
in advance of the scheduled completion date.
3.1.4 No claim shall be made by the
Contractor to the Owner, and no damages, costs or
extra compensation shall be allowed or paid by the
Owner to the Contractor for any delay or hindrance
from any cause in the progress or completion of the
Work or this Contract. The Contractor's sole remedy
in the event of any delay or hindrance shall be to
request time extensions by written change orders as
provided for hereinafter. Should the Contractor be
delayed by an act of the Owner, or should the Owner
order a stoppage of the Work for sufficient cause, an
extension of time shall be granted by the Owner by
written authorization upon written application, which
extension shall not be unreasonably denied, to
compensate for the delay.
3.1.5 The Owner shall have the authority to
suspend the Work wholly or in part for such period or
periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the
proper prosecution of the Work or for the failure of
the Contractor to carry out instructions from the
Owner or Owner's representative. During any period
in which the Work is stopped or during which any of
the Work is not actively in progress for any reason,
Contractor shall properly protect the site and the
Work from damage, loss or harm.
3.2 SUBSTANTIAL, COMPLETION
3.2.1 "Substantial Completion" shall mean
that stage in the progression of the Work when the
Work is sufficiently complete in accordance with this
Contract that the Owner can enjoy beneficial use or
occupancy of the Work and can utilize the Work for
its intended purpose, even though minor
miscellaneous work and /or adjustment may be
required.
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3.3 TIME IS OF THE ESSENCE
3.3.1 All limitations of time set forth in the
Contract Documents are of the essence of this
Contract.
ARTICLE IN'
CONTRACT PRICE
4.1 THE CONTRACT PRICE
4.1.1 The Owner shall pay, and the
Contractor shall accept, as full and complete payment
for all of the Work required herein, the fixed sum of
$ 100,000
The sum set forth in this Paragraph 4.1 shall
constitute the Contract Price which shall not be
modified except by written Change Order as provided
in this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 SCHEDULE OF VALUES
5.1.1 Within ten (10) calendar days of the
effective date hereof, the Contractor shall submit to
the Owner and to the Architect a Schedule of Values
allocating the Contract Price to the various portions
of the Work. The Contractor's Schedule of Values
shall be prepared in such form, with such detail, and
supported by such data as the Architect or the Owner
may require to substantiate its accuracy. The
Contractor shall not imbalance its Schedule of Values
nor artificially inflate any element thereof. The
violation of this provision by the Contractor shall
constitute a material breach of this Contract. The
Schedule of Values shall be used only as a basis for
the Contractor's Applications for Payment and shall
only constitute such basis after it has been
acknowledged and accepted in writing by the
Architect and the Owner.
5.2 PAYMENT PROCEDURE
52.1 The Owner shall pay the Contract Price
to the Contractor as provided below.
52.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
the Architect and upon Certificates for Payment
SIDEWALK PAVEMENT REPAIRS
subsequently issued to the Owner by the Architect,
the Owner shall make progress payments to the
Conti on account of the Contract Price.
5.2.3 On or before the 25th day of each
month after commencement of the Work, the
Contractor shall submit an .Application for Payment
for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
supporting data and content, as the Owner or the
Architect may require. Therein, the Contractor may
request payment for ninety percent (90 %) of that
portion of the Contract Price properly allocable to
Contract requirements properly provided, labor,
materials and equipment properly incorporated in the
Work, less the total amount of previous payments
received from the Owner. Such Application for
Payment shall be signed by the Contractor and shall
constitute the Contractor's representation that the
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
that the Contractor knows of no reason why payment
should not be made as requested. Thereafter, the
Architect will review the Application for Payment
and may also review the Work at the Project site or
elsewhere to determine whether the quantity and
quality of the Work is as represented in the
Application for Payment and is as required by this
Contract. The Architect shall determine and certify
to the Owner the amount properly owing to the
Contractor. The Owner shall make partial payments
on account of the Contract Price to the Contractor
Within thirty (30) days following the Architect's
receipt and approval of each Application for
Payment. The amount of each partial payment shall
be the amount certified for payment by the Architect
less such amounts, if any, otherwise owing by the
Contractor to the Owner or which the Owner shall
have the right to withhold as authorized by this
Contract. The Architect's certification of the
Contractor's Application for Payment shall not
preclude the Owner from the exercise of any of its
rights as set forth in Paragraph 5.3 hereinbelow.
5.2.4 The Contractor warrants that title to all
Work covered by an Application for Payment will
pass to the Owner no later than the time of payment.
The Contractor further warrants that upon submittal
of an Application for Payment, all Work for which
payments have been received from the Owner shall
be free and clear of liens, claims, security interest or
other encumbrances in favor of the Contractor or anv
other person or entity whatsoever.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
BID Q- 1106 -03
5.2.5 The Contractor shall promptly pay each
Subcontractor out of the amount paid to the
Contractor on account of such Subcontractor's Work,
the amount to which such Subcontractor is entitled.
In the event the Owner becomes informed that the
Contractor has not paid a Subcontractor as herein
provided, the Owner shall have the right, but not the
duty, to issue future checks in payment to the
Contractor of amounts otherwise due hereunder
naming the Contractor and such Subcontractor as
joint payees. Such joint check procedure, if
employed by the Owner, shall create no rights in
favor of any person or entity beyond the right of the
named payees to payment of the check and shall not
be deemed to commit the Owner to repeat the
procedure in the future.
5.2.6 No progress payment, nor any use or
occupancy of the Project by the owner, shall be
interpreted to constitute an acceptance of any Work
not in strict accordance with this Contract.
5.3 WITHHELD PAYMENT
5.3.1 The Owner may decline to make
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts
previously paid to the Contractor, to protect the
Owner from loss because of:
(a) defective Work not remedied by the
Contractor nor, in the opinion of the
Owner, likely to be remedied by the
Contractor;
(b) claims of third parties against the
Owner or the Owner's property;
(c) failure by the Contractor to pay
Subcontractors or others in a prompt
and proper fashion,
(d) evidence that the balance of the Work
cannot be completed in accordance with
the Contract for the unpaid balance of
the Contract Price,
(e) evidence that the Work will not be
completed in the time required for
substantial or final completion;
(t) persistent failure to carry out the Work
in accordance with the Contract;
SIDEWALK PAVEMENT REPAIRS
(g) damage to the Owner or a third party to
whom the Owner is, or may be, liable.
In the event that the Owner makes
written demand upon the Contractor for amounts
previously paid by the Owner as contemplated in this
Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand. The Owner shall have no
duty to third parties to withhold payment to the
Contractor and shall incur no liability for a failure to
withhold funds.
5.4 UNEXCUSED FAILURE TO PAY
5.4.1 If within fifteen (15) days after the date
established herein for payment to the Contractor by
the Owner, the Owner, without cause or basis
hereunder, fails to pay the Contractor any amount
then due and payable to the Contractor, then the
Contractor may after ten (10) additional days' written
notice to the Owner and the Architect, and without
prejudice to any other available rights or remedies it
may have, stop the Work until payment of those
amounts due from the Owner have been received.
Late payments shall not accrue interest or other late
charges.
5.5 SUBSTANTIAL COMPLETION
5.5.1 When the Contractor believes that the
Work is substantially complete, the Contractor shall
submit to the Architect a list of items to be completed
or corrected. When the Architect on the basis of an
inspection determines that the Work is in fact
substantially complete, it will prepare a Certificate of
Substantial Completion which shall establish the date
of Substantial Completion, shall state the
responsibilities of the Owner and the Contractor for
Project security, maintenance, heat, utilities, damage
to the Work, and insurance, and shall fix the time
within which the Contractor shall complete the items
listed therein. Guarantees required by the Contract
shall commence on the date of Substantial
Completion of the Work. The Certificate of
Substantial Completion shall be submitted to the
Owner and the Contractor for their written
acceptance of the responsibilities assigned to them in
such certificate.
Upon Substantial Completion of the Work, and
execution by both the Owner and the Contractor of
the Certificate of Substantial Completion, the Owner
shall pay the Contractor an amount sufficient to
increase total payments to the Contractor to one
hundred percent (100 %) of the Contract Price less
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BID Q- 1106 -03
SIDEWALK PAVEMENT REPAIRS
three hundred percent (300 %) of the reasonable cost
as determined by the Owner and the Architect for
completing all incomplete Work, correcting and
bringing into conformance all defective and
nonconforming Work, and handling all unsettled
claims.
5.6 COMPLETION AND FINAL PAYMENT
5.6.1 When all of the Work is finally
complete and the Contractor is ready for a final
inspection, it shall notify the Owner and the Architect
thereof in writing. Thereupon, the Architect will
make final inspection of the Work and, if the Work is
complete in full accordance with this Contract and
this Contract has been fully performed, the Architect
will promptly issue a final Certificate for Payment
certifying to the Owner that the Project is complete
and the Contractor is entitled to the remainder of the
unpaid Contract Price, less any amount withheld
pursuant to this Contract. If the Architect is unable to
Issue its final Certificate for Payment and is required
to repeat its final inspection of the Work, the
Contractor shall bear the cost of such repeat final
inspection(s) which cost may be deducted by the
Owner from the Contractor's final payment.
5.6.1.1 If' the Contractor fails to achieve final
completion within the time fixed therefor by the
Architect in its Certificate of Substantial Completion,
the Contractor shall pay the Owner the sum set forth
hereinabove as liquidated damages per day for each
and every calendar day of unexcused delay in
achieving final completion beyond the date set forth
herein for final completion of the Work. Any sums
due and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages
representing an estimate of delay damages likely to
be sustained by the Owner, estimated at or before the
time of executing this Contract. When the Owner
reasonably believes that final completion will be
inexcusably delayed, the Owner shall be entitled, but
not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the Owner to be adequate to recover
liquidated damages applicable to such delays. If and
when the Contractor overcomes the delay in
achieving final completion, or any part thereof, for
which the Owner has withheld payment, the Owner
shall promptly release to the Contractor those funds
withheld, but no longer applicable, as liquidated
damages.
5. 6.2 The Contractor shall not be entitled to
final payment unless and until it submits to the
Architect its affidavit that all payrolls, invoices for
materials and equipment, and other liabilities
connected with the Work for which the Owner, or the
Owner's property aught be responsible, have been
fully paid or otherwise satisfied; releases and waivers
of lien from all Subcontractors of the Contractor and
of any and all other parties required by the Architect
or the Owner; consent of Surety, if any, to final
payment. If any third party fails or refuses to provide
a release of claim or waiver of lien as required by the
Owner, the Contractor shall furnish a bond
satisfactory to the Owner to discharge any such lien
or indemnify the Owner from liability.
5.6.3 The Owner shall make final payment of
all sums due the Contractor within ten (10) days of
the Architect's execution of a final Certificate for
Payment.
5.6.4 Acceptance of final payment shall
constitute a waiver of all claims against the Owner by
the Contractor except for those claims previously
made in writing against the Owner by the Contractor,
pending at the time of final payment, and identified
in writing by the Contractor as unsettled at the time
of its request for final payment.
5.6.5 Under no circumstance shall Contractor
be entitled to receive interest on any payments or
monies due Contractor by the Owner, whether the
amount on which the interest may accrue is timely,
late, wrongfully withheld, or an assessment of
damages of any kind.
ARTICLE VI
THE OWNER
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM OWNER
6.1.1 The Owner shall furnish to the
Contractor, at the time of executing this Contract, any
and all written and tangible material in its possession
concerning conditions below ground at the site of the
Project.
Such written and tangible material is furnished to the
Contractor only in order to make complete disclosure
of such material and for no other purpose. By
furnishing such material, the Owner does not
represent, warrant, or guarantee its accuracy either in
whole, in part, implicitly or explicitly, or at all, and
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BID Q- 1106 -03
shall have no liability therefor. The Owner shall also
furnish surveys, legal limitations and utility locations
(if known), and a legal description of the Project site.
6.1.2 Excluding permits and fees normally
the responsibility of the Contractor, the Owner shall
obtain all approvals, easements, and the like required
for construction and shall pay for necessary
assessments and charges required for construction,
use or occupancy of permanent structures or for
permanent changes in existing facilities.
6.1.3 The Owner shall furnish the Contractor,
free of charge, one copy of the Contract Documents
for execution of the Work.
6.2 RIGHT TO STOP WORK
6.2.1 If the Contractor persistently fails or
refuses to perform the Work in accordance with this
Contract, or if the best interests of the public health,
safety or welfare so require, the Owner may order the
Contractor to stop the Work, or any described portion
thereof, until the cause for stoppage has been
corrected, no longer exists, or the Owner orders that
Work be resumed. In such event, the Contractor shall
inunediately obey such order.
6.3 OILNER's RIGHT TO PERFORM WORK
6.3.1 If the Contractor's Work is stopped by
the Owner under Paragraph 6.2, and the Contractor
fails within seven (7) days of such stoppage to
provide adequate assurance to the Owner that the
cause of such stoppage will be eliminated or
corrected, then the Owner may, without prejudice to
any other rights or remedies the Owner may have
against the Contractor, proceed to carry out the
subject Work. In such a situation, an appropriate
Change Order shall be issued deducting from the
Contract Price the cost of correcting the subject
deficiencies, plus compensation for the Architect's
additional services and expenses necessitated
thereby, if any. If the unpaid portion of the Contract
Price is insufficient to cover the amount due the
Owner, the Contractor shall pay the difference to the
Owner.
SIDEWALK PAVEMENT REPAIRS
ARTICLE VII
THE CONTRACTOR
7.1 The Contractor is again reminded of its
continuing duty set forth in Subparagraph 1.5.7. The
Contractor shall perform no part of the Work at any
time without adequate Contract Documents or, as
appropriate, approved Shop Drawings, Product Data
or Samples for such portion of the Work. If the
Contractor performs any of the Work knowing it
involves a recognized error, inconsistency or
omission in the Contract Documents without such
notice to the Architect, the Contractor shall bear
responsibility for such performance and shall bear the
cost of correction.
7.2 The Contractor shall perform the Work
strictly in accordance with this Contract.
7.3 The Contractor shall supervise and
direct the Work using the Contractor's best skill,
effort and attention. The Contractor shall be
responsible to the Owner for any and all acts or
omissions of the Contractor, its employees and others
engaged in the Work on behalf of the Contractor.
7.3.1 The Contractor shall give adequate
attention to the faithful prosecution of the Work and
the timely completion of this Contract, with authority
to determine the manner and means of performing
such Work, so long as such methods insure timely
completion and proper performance.
7.3.2 The Contractor shall exercise all
appropriate means and measures to insure a safe and
secure jobsite in order to avoid and prevent injury,
damage or loss to persons or property.
7.4 WARRANTY
7.4.1 The Contractor warrants to the Owner
that all labor furnished to progress the Work under
this Contract will be competent to perform the tasks
undertaken, that the product of such labor will yield
only first -class results, that materials and equipment
furnished will be of good quality and new unless
otherwise permitted by this Contract, and that the
Work will be of good quality, free from faults and
defects and in strict conformance with this Contract.
All Work not conforming to these requirements may
be considered defective.
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BID Q- 1106 -03
7.5 The Contractor shall obtain and pay for
all permits, fees and licenses necessary and ordinary
for the Work. The Contractor shall comply with all
lawful requirements applicable to the Work and shall
give and maintain any and all notices required by
applicable law pertaining to the Work.
7.6 SUPERVISION
?.6.1 The Contractor shall employ and
maintain at the Project site only competent
supervisory personnel. Absent written instruction
fiom the Contractor to the contrary, the
superintendent shall be deemed the Contractor's
authorized representative at the site and shall be
authorized to receive and accept any and all
communications from the Owner or the Architect.
?.6.2 Key supervisory personnel assigned by the
Contractor to this Project are as follows:
NAME FUNCTION
So long as the individuals named above remain
actively employed or retained by the Contractor, they
shall perform the functions indicated next to their
names unless the Owner agrees to the contrary in
writing. In the event one or more individuals not
listed above subsequently assume one or more of
those functions listed above, the Contractor shall be
bound by the provisions of this Subparagraph 7.6.2 as
though such individuals had been listed above.
7.7 The Contractor, within fifteen (15) days of
commencing the Work, shall submit to the Owner
and the Architect for their information, the
Contractor's schedule for completing the Work. The
Contractor's schedule shall be revised no less
frequently than monthly (unless the parties otherwise
agree in writing) and shall be revised to reflect
conditions encountered from time to time and shall
be related to the entire Project. Each such revision
shall be furnished to the Owner and the Architect.
Failure by the Contractor to strictly comply with the
SIDEWALK PAVEMENT REPAIRS
provisions of this Paragraph 7.7 shall constitute a
material breach of this Contract.
7.8 The Contractor shall continuously
maintain at the site, for the benefit of the owner and
the Architect, one record copy of this Contract
marked to record on a current basis changes,
selections and modifications made during
construction. Additionally, the Contractor shall
maintain at the site for the Owner and Architect the
approved Shop Drawings, Product Data, Samples and
other similar required submittals. Upon final
completion of the Work, all of these record
documents shall be delivered to the Owner.
7.9 SHOP DRAWINGS, PRODUCT
DATA AND SAMPLES
7.9.1 Shop Drawings, Product Data, Samples
and other submittals from the Contractor do not
constitute Contract Documents. Their purpose is
merely to demonstrate the manner in which the
Contractor intends to implement the Work in
conformance with information received from the
Contract Documents.
7.9.2 The Contractor shall not perform any
portion of the Work requiring submittal and review
of Shop Drawings, Product Data or Samples unless
and until such submittal shall have been approved by
the Architect. Approval by the Architect, however,
shall not be evidence that Work installed pursuant
thereto conforms with the requirements of this
Contract.
7.10 CLEANING THE SITE
AND THE PROJECT
7.10.1 The Contractor shall keep the site
reasonably clean during performance of the Work.
Upon final completion of the Work, the Contractor
shall clean the site and the Project and remove all
waste, rubbish, temporary structures, and other
materials together with all of the Contractor's
property therefrom. Contractor shall dispose of all
refuse at a Texas Natural Resource Conservation
Commission approved landfill. The Contractor shall
further restore all property damaged during the
prosecution of the Work and shall leave the site in a
clean and presentable condition. No additional
payment shall be made by the Owner for this work,
the compensation having been considered and
included in the contract price.
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BID Q- 1106 -03
SIDENVALK PAVEMENT REPAIRS
7.11 ACCESS TO WORK AND INSPECTIONS
7.1 1.1 The Owner and the Architect shall have
access to the Work at all times from commencement
of the Work through final completion. The
Contractor shall take whatever steps necessary to
provide access when requested. When reasonably
requested by the Owner or the Architect, the
Contractor shall perform or cause to be performed
such testing as may be necessary or appropriate to
insure suitability of the jobsite or the Work's
compliance with the Contract requirements. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments."
7.12 INDEMNITY AND DISCLAIMER
7.
12.1 OWNER SHALL NOT BE LIABLE
OR RESPONSIBLE FOR, AND SHALL BE
INDEMNIFIED, DEFENDED, HELD HARMLESS
AND RELEASED BY CONTRACTOR FROM
AND AGAINST ANY AND ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR
LIABILITY OF ANY CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO
ANY PERSON, OR INJURY OR LOSS TO ANY
PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS, INCLUDING THE
CONTRACTOR, OR PROPERTY, ARISING OUT
OF, OR OCCASIONED BY, DIRECTLY OR
INDIRECTLY, THE PERFORMANCE OF
CONTRACTOR UNDER THIS AGREEMENT,
INCLUDING CLAIMS AND DAMAGES ARISING
IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF OWNER, WITHOUT,
HOWEVER, WAIVING ANY GOVERN - MENTAL
IMMUNITY AVAILABLE TO THE OWNER
t.�NrDER TEXAS LAW AND WITHOUT WAIVING
ANY DEFENSES OF THE PARTIES UNDER
TEXAS LAW. THE PROVISIONS OF THIS
INDEMNI- FICATION ARE SOLELY FOR THE
BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREATE OR GRANT ANY
RIGHTS, CONTRACTUAL OR OTHERWISE, TO
ANY OTHER PERSON OR ENTITY. IT IS THE
EXPRESSED INTENT OF THE PARTIES TO THIS
AGREEMENT THAT THE INDEMNITY
PROVIDED FOR IN THIS CONTRACT IS AN
INDEMNITY EXTENDED BY CONTRACTOR TO
INDEMNIFY AND PROTECT OIN ER FROM
THE CONSEQUENCES OF THE
CONTRACTOR'S AS WELL AS THE OWNER'S
NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY
SUCH INJURY, DEATH, OR DAMAGE. IN
ADDITION, CONTRACTOR SHALL OBTAIN
AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE
AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE
AND NAMING THE OWNER CITY OF COPPELL.
AS AN ADDITIONAL INSURED ON THE
REQUIRED COVERAGE.
7.12.2 The Contractor will secure and maintain
Contractual Liability insurance to cover this
indemnification agreement that will be primary and
non - contributory as to any insurance maintained by
the Owner for its own benefit, including self -
insurance. In addition, Contractor shall obtain and
file with Owner City of Coppell a Standard
Certificate of Insurance and applicable policy
endorsement evidencing the required coverage and
naming the owner City of Coppell as an additional
insured on the required coverage.
7.12.3 In claims against any person or entity
indemnified under this Paragraph 7.12 by an
employee of the Contractor, a Subcontractor, anyone
directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification
obligation under this Paragraph 7.12 shall not be
limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the
Contractor or a Subcontractor under workers'
compensation acts, disability benefit acts or other
employee benefit acts.
7.13 NONDISCRIMINATION
7.13.1 The Contractor shall not discrinvnate in
any way against any person, employee or job
applicant on the basis of race, color, creed, national
original, religion, age, sex, or disability where
reasonable accommodations can be effected to enable
the person to perform the essential functions of the
job. The Contractor shall further insure that the
foregoing nondiscrimination requirement shall be
made a part and requirement of each subcontract on
this Project.
7.14 PREVAILING WAGE RATES
7.14.1 The Contractor shall comply in all
respects with all requirements imposed by any laws,
ordinances or resolutions applicable to the Project
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BID Q- 1106 -03
SIDEWALK PAVEMENT REPAIRS
with regard to the minimum prevailing wage rates for
all classes of employees, laborers, subcontractors,
mechanics, workmen and persons furnishing labor
and services to the Project. The City of Coppell has
adopted a Prevailing Wage Rate Schedule, available
to the Contractor by request, which specifies the
classes and wage rates to be paid to all persons. The
Contractor shall pay not less than the minimum wage
rates established thereby for each class, craft or type
of labor, workman, or mechanic employed in the
execution of this Contract. The failure of the
Contractor to comply with this requirement shall
result in the forfeiture to the City of Coppell of a sum
of not less than Sixty Dollars ($60.00) for each
person per day, or portion thereof, that such person is
paid less than the prevailing rate. Upon request by
the Owner, Contractor shall make available for
inspection and copying its books and records,
including but not limited to its payroll records,
account information and other documents as may be
required by the Owner to insure compliance with this
provision.
7.15 JOB SITE SAFETY PRECAUTIONS
7.15.1 The Contractor shall at all times
exercise reasonable precautions for the safety of its
employees, laborers, subcontractors, mechanics,
workmen and others on and near the jobsite and shall
comply with all laws, ordinances, regulations, and
standards of federal, state and local safety laws and
regulations. The Contractor shall provide such
machinery guards, safe walk -ways, ladders, bridges,
and other safety devices as may be necessary or
appropriate to insure a safe and secure jobsite and
shall require its subcontractors to comply with this
requirement. The Contractor shall immediately
comply with any and all safety requirements imposed
by the Architect during the progress of the Work.
7.16 WARNING DEVICES AND BARRICADES
7.16 1 The Contractor shall furnish and maintain
such warning devices, barricades, lights, signs,
pavement markings, and other devices as may be
necessary or appropriate or required by the Architect
to protect persons or property in, near or adjacent to
the jobsite, including . No separate compensation
shall be paid to the Contractor for such measures.
Where the Work is being conducted in, upon or near
streets, alleys, sidewalks, or other rights- of - the
Contractor shall insure the placement, maintenance
and operation of any and all such warning devices as
may be required by the City of' Coppell and shall do
so until no longer required by the City. Such devices
shall be in compliance with and conform to the
manual and specifications for the uniform system of
traffic control devices adopted by the Texas
Department of Transportation.
7.17 PROTECTION OF UTILITIES
AND OTHER CONTRACTORS
7.1 7.1 The Contractor shall use best efforts to
leave undisturbed and uninterrupted all utilities and
utility services provided to the jobsite or which
presently exists at, above or beneath the location
where the Work is to be performed. In the event that
any utility or utility service is disturbed or damaged
during the progress of the Work, the Contractor shall
forthwith repair, remedy or restore the utility at
Contractor's sole expense.
7.17.2 The Contractor understands and
acknowledges that other contractors of the Owner or
of other entities may be present at the jobsite
performing other work unrelated to the Project. The
Contractor shall use best efforts to work around other
contractors without impeding the work of others
while still adhering to the completion date established
herein. In the event that the Contractor's work is or
may be delayed by any other person, the Contractor
shall immediately give notice thereof to the Architect
and shall request a written Change Order in
accordance with the procedures set forth by this
Contract. The Contractor's failure to provide such
notice and to request such Change Order shall
constitute a waiver of any and all claims associated
therewith.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 THE ARCHITECT
8.1.1 When used in this Contract the term
"Architect" does not necessarily denote a duly
licensed, trained or certified architect; as used herein,
the term shall be used interchangeably and shall
mean a designated .Architect, Engineer, or Contract
Administrator (who may not be an architect or
engineer) for the Owner, said person to be designated
or redesignated by the Owner prior to or at any time
during the Work hereunder. The Architect may be an
employee of the Owner or may be retained by the
Owner as an independent contractor but, in either
event, the Architect's duties and authority shall be as
set forth hereinafter. The Contractor understands and
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BID Q- 1106 -03
SIDEWALK PAVEMENT REPAIRS
agrees that it shall abide by the decisions and
instructions of the Architect notwithstanding the
contractual relationship between the Owner and
,Architect. All of the Owner's instructions to the
Contractor shall be through the Architect.
In the event the Owner should find it necessary or
convenient to replace the Architect, the Owner shall
retain a replacement Architect and the status of the
replacement Architect shall be that of the former
.Architect.
8.2 ARCHITECT'S ADMINISTRATION
8.2.1 The Architect, unless otherwise directed
by the Owner in writing, will perform those duties
and discharge those responsibilities allocated to the
.Architect as set forth in this Contract. The Architect
shall be the Owner's representative from the effective
date of this Contract until final payment has been
made.
8.2.2 The Owner and the Contractor shall
communicate with each other in the first instance
through the Architect.
8.2.3 The Architect shall be the initial
interpreter of the requirements of the drawings and
specifications and the judge of the performance
thereunder by the Contractor. The Architect shall
render written or graphic interpretations necessary for
the proper execution or progress of the Work with
reasonable promptness on request of the Contractor.
82.4 'The Architect will review the
Contractor's .Applications for Payment and will
certify to the Owner for payment to the Contractor,
those amounts then due the Contractor as provided in
this Contract.
8.2.5 The Architect shall have authority to
reject Work which is defective or does not conform
to the requirements of this Contract. If the Architect
deems it necessary or advisable, the Architect shall
have authority to require additional inspection or
testing of the Work for compliance with Contract
requirements.
8.2.6 The Architect will review and approve,
or take other appropriate action as necessary,
concerning the Contractor's submittals including
Shop Drawings, Product Data and Samples. Such
review, approval or other action shall be for the sole
purpose of determining conformance with the design
concept and information given through the Contract
Documents.
8.2.7 The Architect will prepare Change
Orders and may authorize minor changes in the Work
by Field Order as provided elsewhere herein.
8.2.8 The Architect shall, upon written
request from the Contractor, conduct inspections to
determine the date of Substantial Completion and the
date of final completion, will receive and forward to
the Owner for the Owner's review and records,
written warranties and related documents required by
this Contract and will issue a final Certificate for
Payment upon compliance with the requirements of
this Contract.
8.2.9 The Architect's decisions in matters
relating to aesthetic effect shall be final if consistent
with the intent of this Contract.
8.3 CLAIMS BY THE CONTRACTOR
8.3.1 The Architect shall determine all claims
and matters in dispute between the Contractor and
Owner with regard to the execution, progress, or
sufficiency of the Work or the interpretation of the
Contract Documents, including but not limited to the
plans and specifications. Any dispute shall be
submitted in writing to the Architect within seven (7)
days of the event or occurrence or the first
appearance of the condition giving rise to the claim
or dispute who shall render a written decision within
a reasonable time thereafter. The Architect's
decisions shall be final and binding on the parties. In
the event that either party objects to the Architect's
determination as to any submitted dispute, that party
shall submit a written objection to the Architect and
the opposing party within ten (10) days of receipt of
the Architect's written determination in order to
preserve the objection. Failure to so object shall
constitute a waiver of the objection for all purposes.
8.3.2 Pending final resolution of any claim of
the Contractor, the Contractor shall diligently
proceed with performance of this Contract and the
Owner shall continue to make payments to the
Contractor in accordance with this Contract.
8.3.3 CLA IMS FOR CONCEALED, LATENT OR
UNKNOWN CONDmoNs - The Contractor expressly
represents that it has been provided with an adequate
opportunity to inspect the Project site and thoroughly
review the Contract Documents and plans and
specifications prior to submission of its bid and the
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12
BID Q- 1106 -03
Owner's acceptance of the bid. Subject to the
conditions hereof, Contractor assumes full
responsibility and risk for any concealed, latent or
unknown condition which may affect the Work. No
claims for extra work or additional compensation
shall be made by Contractor in connection with
concealed, latent or unknown conditions except as
expressly provided herein. Should concealed, latent
or unknown conditions encountered in the
performance of the Work (a) below the surface of the
ground or (b) in an existing structure be at variance
with the conditions indicated by this Contract, or
should unknown conditions of an unusual nature
differing materially from those ordinarily
encountered in the area and generally recognized as
inherent in Work of the character provided for in this
Contract, be encountered, the Contract Price shall be
equitably adjusted by Change Order upon the written
notice and claim by either party made within seven
(7) days after the first observance of the condition.
As a condition precedent to the Owner having any
liability to the Contractor for concealed or unknown
conditions, the Contractor must give the Owner and
the Architect written notice of, and an opportunity to
observe, the condition prior to disturbing it. The
failure by the Contractor to make the written notice
and claim as provided in this Subparagraph shall
constitute a waiver by the Contractor of any claim
arising out of or relating to such concealed, latent or
unknowTl condition and the Contractor thereby
assumes all risks and additional costs associated
therewith.
8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the
Contractor wishes to make a claim for an increase in
the Contract Price, as a condition precedent to any
liability of the Owner therefor, the Contractor shall
give the Architect written notice of such claim within
seven (7) days after the occurrence of the event, or
the first appearance of the condition, giving rise to
such claim. Such notice shall be given by the
Contractor before proceeding to execute any
additional or changed Work. The failure by the
Contractor to give such notice and to give such notice
prior to executing the Work shall constitute a waiver
of any claim for additional compensation.
8.3.4.1 In connection with any claim by the
Contractor against the Owner for compensation in
excess of the Contract Price, any liability of the
Owner for the Contractor's costs shall be strictly
limited to direct costs incurred by the Contractor and
shall in no event include indirect costs or
consequential damages of the Contractor. The
Owner shall not be liable to the Contractor for claims
SIDEWALK PAVEMENT REPAIRS
of third parties, including Subcontractors. The Owner
shall not be liable to the Contractor for any claims
based upon delay to the Contractor for any reason
whatsoever including any act or neglect on the part of
the Owner.
8.3.5 CLAIMS FOR ADDITIONAL TIME - if the
Contractor is delayed in progressing any task which
at the time of the delay is then critical or which
during the delay becomes critical, as the sole result of
any act or neglect to act by the Owner or someone
acting in the Owner's behalf, or by changes ordered
in the Work, unusual delay in transportation,
unusually adverse weather conditions not reasonably
anticipated, fire or any causes beyond the
Contractor's control, then the date for achieving
Substantial Completion of the Work shall be
extended upon the written notice and claim of the
Contractor to the Owner and the Architect, for such
reasonable time as the Architect may determine. Any
notice and claim for an extension of time by the
Contractor shall be made not more than seven (7)
days after the occurrence of the event or the first
appearance of the condition giving rise to the claim
and shall set forth in detail the Contractor's basis for
requiring additional time in which to complete the
Project. In the event the delay to the Contractor is a
continuing one, only one notice and claim for
additional time shall be necessary. If the Contractor
fails to make such claim as required in this
Subparagraph, any claim for an extension of time
shall be waived. The procedures and remedies
provided by this provision shall be the sole remedy of
Contractor and Contractor shall not assert nor be
entitled to any additional delays or damages
associated therewith.
8.4 FIELD ORDERS
8.4.1 The Architect shall have authority to
order minor changes in the Work not involving a
change in the Contract Price or in Contract Time and
not inconsistent with the intent of the Contract. Such
changes shall be effected by Field Order and shall be
binding upon the Contractor. The Contractor shall
carry out such Field Orders promptly.
8.5 MEDIATION
8.5.1 In the event that a dispute arises under
the terms of this Contract, following an adverse
determination by the Architect and proper
preservation of the issue as required herein, the
parties agree to submit to mediation. In such event,
the parties shall agree to a designated person to serve
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BID Q- 1106 -03
SIDEWALK PAVEMENT REPAIRS
as mediator and each party shall be responsible for
payment of one -half of the total mediation fees. The
parties shall submit the dispute to mediation as soon
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
must attend and participate in good faith in an effort
to resolve the matters in dispute.
8.5.2 In no event shall the foregoing
provision justify or authorize any delay in the
progress of the Work; the parties shall abide by the
decision of the Architect in accomplishing the timely
completion of the Project.
ARTICLE IX
SUBCONTRACTORS
9.1 DEFINITION
9.1.1 A Subcontractor is an entity which has a
direct contract with the Contractor to perform a
portion of the Work. No Subcontractor shall be in
privity with the Owner.
9.2 AWARD OF SUBCONTRACTS
9.2.1 Upon execution of the Contract, the
Contractor shall furnish the Owner, in writing, the
names of persons or entities proposed by the
Contractor to act as a Subcontractor on the Project.
The Owner shall promptly reply to the Contractor, in
writing, stating any objections the Owner may have
to such proposed Subcontractor. The Contractor
shall not enter into a subcontract with a proposed
Subcontractor with reference to whom the Owner has
made timely objection. The Contractor shall not be
required to subcontract with any party to whom the
Contractor has objection.
9.2.2 Ail subcontracts shall afford the
Contractor rights against the Subcontractor which
correspond to those rights afforded to the Owner
against the Contractor herein, including those rights
afforded to the Owner by Subparagraph 12.2.1
below. All subcontracts shall incorporate by
reference the provisions hereof and shall provide that
no claims, causes or demands shall be made by any
Subcontractor against the Owner.
9.2.3 The Contractor shall indemnify, defend
and hold harmless the Owner from and against any
and all claims, demands, causes of action, damage,
and liability asserted or made against the Owner by
or on behalf of any Subcontractor.
ARTICLE X
CHANGES IN THE WORK
10.1 CHANGES PERMITTED
10.1.1 Changes in the Work within the general
scope of this Contract, consisting of additions,
deletions, revisions, or any combination thereof, may
be ordered without invalidating this Contract, by
Change Order or by Field Order.
10.1.2 Changes in the Work shall be
performed under applicable provisions of this
Contract and the Contractor shall proceed promptly
with such changes.
10.2 CHANGE ORDER DEFINED
10.2.1 Change Order shall mean a written
order to the Contractor executed by the Owner and
the Architect, issued after execution of this Contract,
authorizing and directing a change in the Work or an
adjustment in the Contract Price or the Contract
Time, or any combination thereof. The Contract
Price and the Contract Time may be changed only by
written Change Order.
10.3 CHANGES IN THE CONTRACT PRICE
10.3.1 Any change in the Contract Price
resulting from a Change Order shall be determined as
follows: (a) by mutual agreement between the Owner
and the Contractor as evidenced by (1) the change in
the Contract Price being set forth in the Change
Order, (2) such change in the Contract Price, together
with any conditions or requirements related thereto,
being initialed by both parties and (3) the
Contractor's execution of the Change Order, or (b) if
no mutual agreement occurs between the Owner and
the Contractor, then, as provided in Subparagraph
103.2 below.
10.3.2 If no mutual agreement occurs between
the Owner and the Contractor as contemplated in
Subparagraph 10.3.1 above, the change in the
Contract Price, if any, shall then be determined by the
.Architect on the basis of the reasonable expenditures
or savings of those performing, deleting or revising
the Work attributable to the change, including, in the
case of an increase or decrease in the Contract Price,
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BID Q- 1106 -03
a reasonable allowance for direct job site overhead
and profit. In such case, the Contractor shall present,
in such form and with such content as the Owner or
the Architect requires, an itemized accounting of
such expenditures or savings, plus appropriate
supporting data for inclusion in a Change Order.
Reasonable expenditures or savings shall be limited
to the following: reasonable costs of materials,
supplies, or equipment including delivery costs,
reasonable costs of labor, including social security,
old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers'
compensation insurance, reasonable rental costs of
machinery and equipment exclusive of hand tools
whether rented from the Contractor or others,
reasonable costs of premiums for all bonds and
insurance, permit fees, and sales, use or other taxes
related to the Work, and reasonable cost of direct
supervision and jobsite field office overhead directly
attributable to the change. In no event shall any
expenditure or savings associated with the
Contractor's home office or other non- jobsite
overhead expense be included in any change in the
Contract Price. Pending final determination of
reasonable expenditures or savings to the Owner,
payments on account shall be made to the Contractor
on the Architect's Certificate for Payment.
10.3.3 If unit prices are provided in the
Contract, and if the quantities contemplated are so
changed in a proposed Change Order that application
of such unit prices to the quantities of Work proposed
will cause substantial inequity to the Owner or to the
Contractor, the applicable unit prices shall be
equitably adjusted.
10.4 MINOR CHANGES
104 1 The Architect shall have authoritv to
order minor changes in the Work not involving a
change in the Contract Price or an extension of the
Contract Time and not inconsistent with the intent of
this Contract. Such nunor changes shall be made by
written Field Order, and shall be binding upon the
owner and the Contractor. The Contractor shall
promptly carry out such written Field Orders.
10.5 EFFECT OF EXECUTED
CHANGE ORDER
10.5.1 The execution of a Change Order by the
Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the
Work, this Contract as thus amended, the Contract
SIDEWALK PAVEMENT REPAIRS
Price and the Contract Time. The Contractor, by
executing the Change Order, waives and forever
releases any claim against the Owner for additional
time or compensation for matters relating to or
arising out of or resulting from the Work included
vN ithin or affected by the executed Change Order.
10.6 NOTICE TO SURETY; CONSENT
10.6.1 The Contractor shall notify and obtain
the consent and approval of the Contractor's surety
with reference to all Change Orders if such notice,
consent or approval are required by the Contractor's
surety or by law. The Contractor's execution of the
Change Order shall constitute the Contractor's
warranty to the Owner that the surety has been
notified of and consents to, such Change Order and
the surety shall be conclusively deemed to have been
notified of such Change Order and to have expressly
consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 UNCOVERING WORK
11.1.1 If any of the Work is covered contrary
to the Architect's request or to any provisions of this
Contract, it shall, if required by the Architect or the
Owner, be uncovered for the Architect's inspection
and shall be properly replaced at the Contractor's
expense without change in the Contract Time.
11.1.2 If any of the Work is covered in a
manner not inconsistent with Subparagraph 11.1.1
above, it shall, if required by the Architect or Owner,
be uncovered for the Architect's inspection. If such
Work conforms strictly with this Contract, costs of
uncovering and proper replacement shall by Change
Order be charged to the Owner. If such Work does
not strictly conform with this Contract, the
Contractor shall pay the costs of uncovering and
proper replacement.
11.2 CORRECTING WORK
11.2.1 The Contractor shall immediately
proceed to correct Work rejected by the Architect as
defective or failing to conform to this Contract. The
Contractor shall pay all costs and expenses associated
with correcting such rejected Work, including any
additional testing and inspections, and reimbursement
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BID Q- 1106 -03
to the Owner for the Architect's services and
expenses made necessary thereby.
I I ).? If within one (1) year after Substantial
Completion of the Work any of the Work is found to
be defective or not in accordance with this Contract,
the Contractor shall correct it promptly upon receipt
Of written notice from the Owner. This obligation
shall survive final payment by the Owner and
termination of this Contract. With respect to Work
first performed and completed after Substantial
Completion, this one year obligation to specifically
correct defective and nonconforming Work shall be
extended by the period of time which elapses
between Substantial Completion and completion of
the subject Work.
11.2.3 Nothing contained in this Paragraph
11.2 shall establish any period of limitation with
respect to other obligations which the Contractor has
under this Contract. Establishment of the one year
time period in Subparagraph 11.2.2 relates only to the
duty of the Contractor to specifically correct the
Work.
11.3 OWNER MAY ACCEPT DEFECTIVE
OR NONCONFORMING WORK
11.31 If the Owner chooses to accept
defective or nonconforming Work, the Owner may
do so. In such event, the Contract Price shall be
reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or
nonconforming Work, and (b) the difference between
the fair market value of the Project as constructed and
the fair market value of the Project had it not been
constructed in such a mariner as to include defective
or nonconforming Work. If the remaining portion of
the unpaid Contract Price, if any, is insufficient to
compensate the Owner for its acceptance of defective
of nonconforming Work, the Contractor shall, upon
written demand from the Owner, pay the Owmer such
remaining compensation for accepting defective or
nonconforming Work.
ARTICLE XII
CONTRACT TERAIINATION
12.1 TERMINATION BY THE CONTRACTOR
12 1.1 If the Work is stopped for a period of
ninety (90) days by an order of any court or other
SIDEWALK PAVEMENT REPAIRS
public authority, or as a result of an act of the
Government, through no fault of the Contractor or
any person or entity working directly or indirectly for
the Contractor, the Contractor may, upon ten (10)
days' written notice to the Owner and the Architect,
terminate performance under this Contract and
recover from the Owner payment for the actual
reasonable expenditures of the Contractor (as limited
in Subparagraph 10.3.2 above) for all Work executed
and for materials, equipment, tools, construction
equipment and machinery actually purchased or
rented solely for the Work, less any salvage value of
any such items.
12.1.2 If the Owner shall persistently or
repeatedly fail to perform any material obligation to
the Contractor for a period of fifteen (15) days after
receiving written notice from the Contractor of its
intent to terminate hereunder, the Contractor may
terminate performance under this Contract by written
notice to the Architect and the Owner. In such event,
the Contractor shall be entitled to recover from the
Owner as though the Owner had terminated the
Contractor's performance under this Contract for
convenience pursuant to Subparagraph 12.2.1
hereunder.
12.2 TERMINATION BY THE OWNER
12.2.1 FOR CONVENIENCE
12.2.1.1 The Owner may for any reason
whatsoever terminate performance under this
Contract by the Contractor for convenience. The
Owner shall give written notice of such termination
to the Contractor specifying when termination
becomes effective.
12.2.1.2 The Contractor shall incur no further
obligations in connection with the Work and the
Contractor shall stop Work when such termination
becomes effective. The Contractor shall also
terminate outstanding orders and subcontracts. The
Contractor shall settle the liabilities and claims
arising out of the termination of subcontracts and
orders. The Owner may direct the Contractor to
assign the Contractor's right, title and interest under
terminated orders or subcontracts to the Owner or its
designee.
12.2.1.3 The Contractor shall transfer title and
deliver to the Owner such completed or partially
completed Work and materials, equipment, parts,
fixtures, information and Contract rights as the
Contractor has.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
BID Q- 1106 -03
SIDEWALK PAVEMENT REPAIRS
- 12.2.1.4 (a) The Contractor shall submit a
termination claim to the Owner and
the Architect specifying the amounts
due because of the termination for
convenience together with costs,
pricing or other data required by the
Architect. If the Contractor fails to
file a termination claim within one (1)
year from the effective date of
ternnation, the Owner shall pay the
Contractor, an amount derived in
accordance with subparagraph (c)
below.
(b) The Owner and the Contractor may
agree to the compensation, if any, due
to the Contractor hereunder.
(c) Absent agreement to the amount due
to the Contractor, the Owner shall
pay the Contractor the following
amounts:
(i) Contract prices for labor, materials,
equipment and other services
accepted under this Contract;
(ii) Reasonable costs incurred in
preparing to perform and in
performing the terminated portion of
the Work, and in terminating the
Contractor's performance, plus a fair
and reasonable allowance for
o%erhead and profit thereon (such
profit shall not include anticipated
profit or consequential damages),
provided however, that if it appears
that the Contractor would have not
profited or would have sustained a
loss if the entire Contract would have
been completed, no profit shall be
allowed or included and the amount
of compensation shall be reduced to
reflect the anticipated rate of loss, if
any;
(iii) Reasonable costs of settling and
paying claims arising out of the
termination of subcontracts or orders
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
amount of payments otherwise made, and shall in no
event include duplication of payment.
12.2.2 FOR CA USE
1222.1 If the Contractor persistently or
repeatedly refuses or fails to prosecute the Work in a
timely manner, abandons the jobsite and fails to
resume work within five (5) days of written notice
thereof by the Owner, fails to grant or allow access to
the jobsite by the Owner or Architect, fails to supply
enough properly skilled workers, supervisory
personnel or proper equipment or materials, fails to
make prompt payment to Subcontractors or for
materials or labor, persistently disregards laws,
ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of
a violation of a material provision of this Contract,
then the Owner may by written notice to the
Contractor, without prejudice to any other right or
remedy, terminate the employment of the Contractor
and take possession of the site and of all materials,
equipment, tools, construction equipment and
machinery thereon owned by the Contractor and may
finish the Work by whatever methods it may deem
expedient. In such case, the Contractor shall not be
entitled to receive any further payment until the
Work is finished.
12.2.2.2 If the unpaid balance of the Contract
Price does not exceed the cost of finishing the work,
including compensation for the Architect's additional
services and expenses made necessary thereby, such
difference shall be paid by the Contractor to the
Owner. This obligation for payment shall survive the
termination of the Contract.
12.2.2.3 In the event the employment of the
Contractor is terminated by the Owner for cause
pursuant to Subparagraph 12.2.2 and it is
subsequently determined by a Court of competent
jurisdiction that such termination was without cause,
such termination shall thereupon be deemed a
Termination for Convenience under Subparagraph
12.2.1 and the provisions of Subparagraph 12.2.1
shall apply.
CITY" OF COPPELL • Pr RCHASING DEPARTNIENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17
BID Q- 1106 -03
ARTICLE XIII
INSURANCE
13.1 CONTRACTOR SHALL.
MAINTAIN INSURANCE
13.1.1 The Contractor at his own expense shall
purchase, maintain and keep in force during the life
of this contract, adequate insurance that will protect
the Contractor and /or any Additional Insured from
claims which may arise out of or result from
operations under this contract. The insurance required
shall provide adequate protections from all 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 of
them, or by anyone whose acts of any of them may
be liable and from any special hazards, such as
blasting, which may be encountered in the
performance of this contract in the amounts as shown
below in Paragraph 13.2.1.
13 L2 The Contractor shall not commence
work on any Contract in the City of Coppell until the
- Contractor has obtained all the insurance required
under this paragraph and such insurance has been
approved by the City.
13.2 TYPES AND AMOUNTS OF
CONTRACTOR'S INSURANCE
132.1. The Contractor shall furnish and
maintain during the life of the contract adequate
Worker's Compensation and Commercial General
liability (Public) Insurance in such amounts as
follows:
SIDEWALK PAVEMENT REPAIRS
Fxcess/Umbrella Liability $1,000,000 per occurrence
w /drop dowry coverage
Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
Project or Owner's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
occurrence.
13.3 ADDITIONAL INSURED
The Owner shall be named as an additional insured
on the Commercial General Liability (Public),
Owner's Protective Liability, and Excess /Umbrella
Liability Insurance Policies furnished by the
Contractor.
13.4 WRITTEN NOTIFICATION
Each insurance policy shall contain a provision
requiring that thirty (30) days prior to expiration,
cancellation, non - renewal or any material change in
coverage, a notice there of shall be given by certified
mail to the Division of Purchasing, City of Coppell,
255 Parkway Blvd., Coppell, Texas, 75019.
13.5 PREMIUMS AND ASSESSMENTS
Companies issuing the insurance policies shall have
no recourse against the City for payment of any
premiums or assessments for any deductibles which
are at the sole responsibility and risk of the
Contractor.
Type of Insurance Amount
Worker's Compensation as set forth in the Worker's
Compensation Act.
Commercial General $1,000,000 Each
Accident/'Occurrence
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products &
Completed Operations
.Aggregate.
13.6 CERTIFICATE OF INSURANCE
Owner's Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Proof that the insurance is in force shall be furnished
to the City on City of Coppell Standard Certificate of
Insurance Forms. In the event any insurance policy
shown on the Certificate of Insurance has an
expiration date that is prior to the completion and
final acceptance of the project by the City of Coppell,
the contractor shall furnish the City proof of identical
continued coverage no later than thirty(30) days prior
to the expiration date shown on the Certificate of
Insurance.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page Is
BID Q- 1106 -03
SIDEWALK PAVEMENT REPAIRS
�- 13.7 PRIMARY COVERAGE
(6) notify the governmental entity in writing
by certified mail or personal delivery,
The coverages provided herein shall be primary and
within 10 days after the contractor knew
noncontributory with any other insurance maintained
or should have known, of any change that
-- by the City of Coppell, Texas, for its benefit,
materially affects the provision of
including self insurance.
coverage of any person providing services
13.8 WORKER'S COMPENSATION
on the project;
INSURANCE COVERAGE
(7) post a notice on each project site
informing all persons providing services
13.8.1 The Contractor shall:
on the project that they are required to be
covered, and stating how a person may
(1) provide coverage for its employees
verify current coverage and report failure
providing services on a project, for the
to provide coverage. This notice does not
duration of the project based on proper
satisfy other posting requirements
reporting of classification codes and
imposed by the Act or other commission
payroll amounts and filing of any
rules. This notice must be printed with a
coverage agreements;
title in at least 30 point bold type and text
in at least 19 point normal type, and shall
(2) provide a certificate of coverage showing
be in both English and Spanish and any
workers' compensation coverage to the
other language common to the worker
governmental entity prior to beginning
population. The text for the notices shall
work on the project;
be the following text provided by the
Texas Worker's Compensation Comm-
(3) provide the governmental entity prior to
ission on the sample notice, without any
_ the end of the coverage period, a new
additional words or changes:
certificate of coverage showing extension
of coverage, if the coverage period shown
on the contractor's current certificate of
REQUIRED WORKERS' COMPENSATION
coverage ends during the duration of the
COVERAGE
project;
(4) obtain from each person providing
services on a project, and provide to the
governmental entity:
(A) a certificate of coverage, prior to that
person beginning work on the project,
so the governmental entity will have
on file certificates of coverage
showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt
by the contractor, a ne" certificate of
coverage showing extension of
coverage, if the coverage period
shown on the current certificate of
coverage ends during the duration of
the project;
(5) retain all required certificates of coverage
on file for the duration of the project and
for one year thereafter;
"The law requires that each person working on this
site or providing services related to this construction
project must be covered by workers' compensation
insurance. This includes persons providing, hauling,
or delivering equipment or materials, or providing
labor or transportation or other service related to the
project, regardless of the identity of their employer or
status as an employee."
"Call the Texas Workers' Compensation Commission
at 512- 440 -3789 to receive information on the legal
requirement for coverage, to verify whether your
employer has provided the required coverage, or to
report an employer's failure to provide coverage."
and
(8) contractually require each person with
whom it contracts to provide services on a
project, to:
(A) provide coverage based on proper
reporting of classification codes
and payroll amounts and filing of
_ CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
BID Q- 1106 -03
any coverage agreements for all of
its employees providing services on
the project, for the duration of the
project;
(B) provide a certificate of coverage to
the contractor prior to that person
- beginning work on the project;
(C) include in all contracts to provide
services on the project the language
in subsection (e)(3) of this rule;
(D) provide the Contractor, prior to the
end of the coverage period, a new
certificate of coverage showing
extension of coverage, if the
coverage period shown on the
current certificate of coverage ends
during the duration of the project;
(E) obtain from each other person with
whom it contracts, and provide to
the Contractor:
(1) a certificate of coverage,
prior to the other person
beginning work on the
project; and
(ii) prior to
the end of
the
coverage
period, a
new
certificate
of coverage
showing
extension of
the
coverage
period, if
the
coverage
period shown
on
the current
certificate
of
coverage
ends during
the
duration of
the project;
(F) retain all required certificates of
coverage on file for the duration of
the project and for one year
thereafter;
(G) notify the governmental entity in
writing by certified mail or
personal delivery, within 10 days
after the person knew or should
have known, of any change that
materially affects the provision of
coverage of any person providing
services on the project; and
SIDEWALK PAVEMENT REPAIRS
(H) contractually require each other
person with whom it contracts, to
perform as required by sub-
paragraphs (A) - (H) of this
paragraph, with the certificate of
coverage to be provided to the
person for whom they are
providing services.
ARTICLE XIV
MISCELLANEOUS
14.1 LAWS AND ORDINANCES
14.1.1 The Contractor shall at all times and in
all respects observe and comply with all federal, state
and local laws, ordinances, and regulations applicable
to the Project and Work. The Contractor shall further
insure that all Subcontractors observe and comply
with said laws, ordinances and regulations.
14.2 GM,'FRNING LAW
14.2.1 The Contract shall be governed by the
laws of the State of Texas. Venue for any causes of
action arising under the terms or provisions of this
Contract or the Work to be performed hereunder shall
be in the courts of Dallas County, Texas.
14.3 SUCCESSORS AND ASSIGNS
14.3.1 The Owner and Contractor bind
themselves, their successors, assigns and legal
representatives to the other party hereto and to
successors, assigns and legal representatives of such
other party in respect to covenants, agreements and
obligations contained in this Contract. The
Contractor shall not assign this Contract without
written consent of the Owner.
14.4 SURETY BONDS
14.4.1 If the Contract Price exceeds the sum of
$25,000.00, the Contractor shall furnish separate
performance and payment bonds to the Owner,
according to the requirements set out in the bid
documents and state statutes to guaranty full and
faithful performance of the Contract and the full and
final payment of all persons supplying labor or
materials to the Project. Each bond required by the
bid documents or state statute shall set forth a penal
sum in an amount not less than the Contract Price.
CITY OF COPPELL • PURCHASING DEPARTYIENT • 255 PARK" AY BOULEVARD • COPPELL, TEXAS 75019 Page 20
BID Q- 1106 -03
Each bond furnished by the Contractor shall
incorporate by reference the terms of this Contract as
fully as though they were set forth verbatim in such
bonds. In the event the Contract Price is adjusted by
Change Order executed by the Contractor the penal
sum of both the performance bond and the payment
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 SEV'FRABILITY
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.
SIDEWALK PAVEMENT REPAIRS
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
a written designation of change of address delivered
to all parties and the Architect.
(I I Y OF COPPE:LL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
BID Q- 1106 -03 SIDEWALK PAVEMENT REPAIRS
EXECUTED in single or multiple originals, this is day of , 206
CITY OF COPPELL
CONTRACTOR: ESTRADA CONCRETE
(Signature)
�Arjc..S Lj �5 i 2r�7P
(Type /Print Name and Title)
)bZ3 (
(Street Address)
(City /State /Zip)
CI "rY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPFLL, TEXAS 75019 Page 22
Q : 41b , �Balty Secretary
BID Q- 1106 -03 SIDEWALK PAVEMENT REPAIRS
CORPORATF, ACKNOWLEDGMENT
THb STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day
personally appeared:
(Print Name) (Print Title)
of E sim& _ 0 o?25-.cs r, rt C the Contractor designated hereinabove, known to me to be the
person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was
the act of the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate
resolution of the board of directors of such corporation and that he executed the same as the act and deed of such
corporation for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFF E is th_ 11 -1 4 d of A.D., 200 .
Notary Public ,
In and For _County,
My Commission expires: E ��
PAULA J. CROCKER
='I MY COMMISSION EXPIRES
P ti� ° ,• October 17,2M
CITY" %IANAGER'S ACKNOWLEDGMENT
THE S FA FE OF TEXAS
COUN Y 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 L1N,'DER MY HAND AND SEAL OF OFFICE this /S" day of �> A.D., 200 .
, ,����IIIIffI 1 , I
n :Z L Notary Pill c in and for the State of Texas
=�. �A Go
My Commissio expit$�i� =
�i, kQir65.•.• • ,,,�
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
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.
Note: When sidewalk repair includes curb and gutter repair, the curb and gutter will be paid
under the bid item for curb and gutter. Measurement will be per Standard Construction
Detail Sheet 2120, i.e., curb and 24" gutter. The remainder of the sidewalk repair outside the
limits of the curb and gutter repair will be measured and paid under the price per square yard
for sidewalk repair. Thickness of concrete for curb and gutter repairs will be the same as the
thickness of the adjacent street.
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. In lieu of sand, 1" of Grade I flexible base may be
used_ If unstable material is encountered that has to be removed, then Grade I flexible base
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 Class 'A' concrete 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.
S. 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.
Page t of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
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.
12. It is the contractor's responsibility to obtain utility locations. Any damage to existing utilities
ill be the sole responsibility of the contractor. Contractor will be responsible for backfilling
behind the sidewalk and sodding the disturbed area with like turf.
13. It will be the responsibility of the contractor to provide written notification to affected
residents in the vicinity of the repair area prior to the beginning of work. Information to be
included will be beginning and end dates of project, road closure information and contact
number(s).
14. All items necessary to complete the work including but not limited to traffic control plan,
repair of irrigation systems, sodding, resetting existing signs, etc. are subsidiary to the price
bid.
15. All the work contained in this contract lies within the city limits of the City of Coppell, Texas
and shall be constructed according to the City of Coppell approved construction standards
- and specifications and the Standard Specifications for Public Works Construction, Third
Addition and any amendments as adopted by the North Central Texas Council of
Governments.
16. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
The City of Coppell is the contracting agency for this construction project. The following
statute requires any contracting agency to specify the generally prevailing rate of wages in
contracts that are bid.
Vernon's Texas Civil Statutes - Article 5159a:
_ "Construction of Public Works in State
and Municipal or Political Subdivisions,
Prevailing Wage Rate to be maintained."
Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following
rates of wages are paid to various classifications of workers in the locality of this project.
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.
Page 2 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
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.
Page 3 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
SECTION I
1. Alex 261
2, .Alex 335
3. Aspenway 231 -235
4. Barclay 254
5. Barclay 259
6. Barclay 270
7. Beau 906 -910
8. Clear Creek 474 (also curb repair)
9. Creekside 122
10. Creekside 210
11. Cribbs 611
12. Cypress St 901
13. Dobecka 106
14. Driftwood 216
15. Eagle 717
16. Eagle 749
17. Edgewood 227
18. Forest Ridge 413 (also curb repair)
19. Forest Ridge 466
20. Grace 439
21. Grace 484
22. Grace 533
23. Grace 561
24, Greenwav 759
25. Hartford 142
26. Highland Meadow Cir 104
27. Hollowtree Ct 192
28. Kingston Cir 131
29. Kyle 428 (also curb repair)
30. Lee 5 15-5 19
BID SHEET
SIDEWALK FAILURES
Square Feet
164
200
450
119
215
275
86
180
122
94
400
40
268
40
480
113
70
60
40
68
183
120
251
48
40
100
160
380
448
323
Page 4 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
_
BID SHEET
SECTION I SIDEWALK FAILURES
31.
Descr'i�tion Ssluare
Lee 530 -534
Feet
438
32.
Lee 535
151
33.
Lee 542
175
34.
Lee 547 -551
254
35.
Lee 554 -558
150
36.
Lee 555 -559
274
37.
Lee 567 -571
366
38.
Leisure Ln 424
64
39.
Lodge 252, 256, 260
450
40.
Meadowglen Cir 831
100
- 41.
Meadowview 523
172
42.
Moore 139 -149
280
43.
Morning Mist 320
270
44.
Nixon 200
194
45.
:Nottingham 653
69
46.
Oriole 722
128
47.
Park Valley 316 -320
528
48.
Parker 889 -893
220
49.
Parkwood 418
120
50.
Parkwood 438
184
51.
Pepperwood 333 (also curb repair)
20
52.
Pheasant Ln 605
40
53.
Phillips 616 -620
20
5
Phillips 648
223
55.
Phillips 656
196
56.
Pinyon 225
20
57.
Pinyon 304
239
58.
Plantation 244
244
59.
Quiet Valley 321
260
60.
Redcedar Way 916
224
Page 5 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
SECTION I
61. Shadowerest 417
62. Simmons 157
63. Southern Belle 206
64. Stringfellow 561
65. Svvallow 718 (also curb repair)
66. Tanglewood Ln 322
67. Thompson 605
68. Timber Ridge 212
69. Timber Ridge 216
70. Timber Ridge 219
71. Timber Ridge 232 -236
72. "Timber Ridge 325
73. Village Pkwy 994
74. Waterview 542
75. Westbury 245
76. Westwood Ct 344
77. Willingham 234
78. Windham 133
79. Windham 137
80. Windham 141
81. Wooderest 120
82. Woodhurst 415
83. Woodway 433 (also curb repair)
84. Wrenwood 116
85. Wynnpage 138
BID SHEET
SIDEWALK FAILURES
Square Feet
120
200
542
16
10
80
208
20
60
120
248
350
20
80
164
95
147
220
180
182
260
120
200
40
152
TOTAL SQUARE FEET 15,441
Page 6 of 9
CITY OF COPPEI.L . 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
TOTAL SQUARE FEET 2,286
Page 7 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
BID SHEET
— SECTION II SIDEWALK FAILURES
-
85.
Descri tt� ion Square
Bethel Rd. (between 217 Glendale & 201 Penuel)
Feet
120
- 86.
Cambria 430
16
87.
Carrington 142
32
88.
Dobecka 117
75
89.
Falcon 748 (also curb repair)
136
90.
Harrison 617
80
91.
Heartz S. 117
48
92.
Lee 550
168
93.
Meadowwood 312 (also curb repair)
152
94.
Meadowview 511
192
95.
Mesquitewood 127 (also curb repair)
32
96.
Pheasant Ln 606
91
97.
Spanish Moss 307
76
98.
`Vales Ct. 500
128
99.
Whispering Hills 236
200
100.
Parks of Coppell by canal
720
(between Chestnut & Kailey)
-- 101.
Willow Ridge Ct 706
20
TOTAL SQUARE FEET 2,286
Page 7 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006107
-
BID SHEET
SECTION III CURB & GUTTER FAILURES
Descrin
Aix -Qx.
Linear Feet
102.
Clear Creek 474 (also sidewalk repair)
10
103.
Forest Ridge 413(also sidewalk repair)
12
104.
Kyle 428 (also sidewalk repair)
8
105.
Pepperwood 333 (also sidewalk repair)
10
106.
Woodway 433 (also sidewalk repair)
20
107.
Falcon 748 (also sidewalk repair)
10
108.
Meadowwood 312/316 (also sidewalk repair)
14
109.
Mesquitewood 127 (also sidewalk repair)
9
110.
Swallow 718 (also sidewalk repair)
10
TOTAL LINEAR FEET 103
Page 8 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
Bid FY 2006/07
BID SUMMARY
Items
Description
Square
Bid Price
Total
III
Remove and replace
Feet
Per SF
Total
I
Remove and replace
1 -84
Sidewalk failures as
15,441 SF
listed
—__ -- �
II
1 Remove and replace
Sidewalk failures as
85 -101
2.286 SF
$2,575.00
listed
TOTALS
17,727 SF
$4.30
$76,226.10
Items
Description
Linear
Feet
Bid Price
Per LF
Total
III
Remove and replace
103 LF
102 -109
Curb and Gutter failures
as listed
Measured per Standard
Construction Detail Sheet 2120
TOTALS 103 LF
$25.00
$2,575.00
* Note: All work must be completed by September 30, 2007.
Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the
applicable signature page.
- BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible
personal propert}! to be incorporated into the project. Said taxes are not included in the Contract
Price (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the Construction Contract
included as part of the Contract Documents have the meanings assigned to them in the General
Conditions.
The City of Coppell reserves the right to delete any portion of this project or adjust quantities as it
may deem necessary to stay within the City's available funds. Should the City elect to delete any
portion, the contract quantities will be adjusted accordingly.
SUBMITTED ON December 19, 2006
Page 9 of 9
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
TEXAS STATUTORY PERFORMANCE BOND (PUBLIC WORKS)
BOND NO. 104840726
KNOW ALL MEN BY THESE PRESENTS:
THAT, Estrada Concrete 1623 Garza Dallas Texas 75216, (hereinafter called the
Principal), as Principal, and Farmington Casualty Company a corporation organized and existing
under the laws of the State of Connecticut licensed to do business in the State of Texas and
admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto
City of Coppell, 255 Parkway Blvd. Coppell, TX 75019 (hereinafter called the Obligee), in the
amount of ONE HUNDRED THOUSAND AND NO /100THS Dollars ($100,000.00 for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the
15th day of February, 2007 for Sidewalk Pavement Repairs, Coppell, TX, which contract is hereby
referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That
if the said Principal shall faithfully perform the work in accordance with the plans, specifications
and contract documents, then this obligation shall be null and void; otherwise to remain in full
force and effect;
PROVIDED. HOWEVER, That this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined
in accordance with the provisions, conditions and limitations of said Chapter to the same extent
as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 15th day of February 2007
PRINCIPAL: Estrada Concrete
BY: .._.
SURETY:
IM
Farmington Casualty Company
-Fact
The Resident Agent of the Surety in Dallas County, Texas, for delivery of notice and
service of the process is:
Name: William D. Baldwin
Baldwin Insurance and Bonding Agency, Inc.
Address: 1201 Kas Drive, Suite B
Richardson, Texas 75081
Surety: Farmington Casualty Company
Title: Attorney -in -Fact
NOTE: The Date of the Performance Bond MUST BE the date of the contract. If
Resident Agent is not a corporation please give a person's name.
TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS)
BOND NO. 104840726
KNOW ALL MEN BY THESE PRESENTS:
THAT, Estrada Concrete 1623 Garza, Dallas, Texas 75216 (hereinafter called the
Principal), as Principal, and Farmington Casualty Company a corporation organized and existing
under the laws of the State of Connecticut licensed to do business in the State of Texas and
admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto
City of Coppell, 255 Parkway Blvd. Coppell, TX 75019 (hereinafter called the Obligee), in the
amount of ONE HUNDRED THOUSAND AND NO /100THS Dollars ($100,000.00 for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the
15th day of February 2007 for Sidewalk Pavement Repairs, Coppell, TX 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 15th day of February 2007
PRINCIPAL: Estrada C crete
BY: __
SURETY: Farmington Casualty Company
_ r
BY:
Br K. Cox, ey -I act
The Resident Agent of the Surety in Dallas County, Texas, for delivery of notice and
service of the process is:
Name: William D. Baldwin
Baldwin Insurance and Bonding Agency, Inc.
Address: 1201 Kas Drive, Suite B
Richardson, Texas 75081
Surety: Farmington Casualty Company
Title: Attorney -in -Fact
NOTE: The Date of the Payment Bond MUST BE the date of the contract. If
Resident Agent is not a corporation please give a person's name.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
STPAUL POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 215214
Certificate No. 001119171
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that
the Companies do hereby make, constitute and appoint
William D. Baldwin, Michael B. Hill, Glenn E. Ganci, Brady K. Cox, Suzanne C. Baldwin, Holly Hart, and Phyllis Scurlock
of the City of Richardson , State of Texas , their true and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
Companies have caused this ins 13th
IN WITNESS WHEREOF, the Com
p trgmenftao be signed and theilr.cprporate seals to be hereto affixed, this
day of March 2006
Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company ? St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
phSU,�( $twfly Jl FIRE<4 O�'M•!NSG9 Jp +INSUA, eJp ltY Ary 1l �Y'tQb
!]? O' * < 'A Q�pP FORATF P4. .. ':�jn � `'a
z � • n �: ' o CONN. n OOrfL Q o�
='y�c,+•' +at 1977 1951 NO N ti � o . ��,SEAL ;tor �.SS]LL's > �o �� �'.
�y . MN � P ��OF NkWw� s�Tn NCaG °CIS .AN�a ! >jr....�...��,a ��i '�,aa • � A1N
State of Connecticut
City of Hartford ss.
By:
orge W ompson, Sen President
On this the 13th day of March 200 6b efore me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
&An k C .
Marie C. Tetreault, Notary Public
58440 -6 -06 Printed in U.S.A.
STPAUL
TRAVELERS
St. Paul Travelers Bond
1301 E. Collins Blvd
Richardson TX 75081
Phone: 800 - 842 -0612
Fax: 214- 570 -6405
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and /or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675 -3057
(267) 675 -3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714 -9104
(800) 252 -3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.