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THE.CITY.OF
corrELL
<5
INVITATION TO BID
INSTRUCTIONSffERMS OF CONTRACT
SPECIFICATIONS
BID SHEET(S)
FOR
REINFORCED CONCRETE PAVEMENT REPAIRS
PER
THE CITY OF COPPELL SPECIFICATIONS
AT
THE CITY OF COPPELL
TOWN CENTER
PURCHASING DEPARTMENT
OPENING DATE:
TUESDAY, APRIL 21, 2009
2:00 P.M.
e /l/ G-J AI Ec7l J rJ ~ Ote/GI N A L
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
THE-CITY.OF
corrELL
INVITATION TO BID
Return Bid To: City ofCoppell
Purchasing Department
PO Box 9478
Coppell, Texas 75019
The enclosed Invitation To Bid and accompanying Specifications with Bid Sheets are for your
convenience in bidding the enclosed referenced products and/or services for the City of Coppell. Sealed
bids shall be received no later than: TUESDAY, APRIL 21, 2009 at 2:00 P.M.
A Pre-Bid Conference will be held at the City of Coppell 255 PARKWAY BLVD., COPPELL, TX 75019,
TUESDAY, APRIL 14,2009 at 2:00P.M.
Please reference Bid No. Q-0409-01 , "REINFORCED CONCRETE PAVEMENT REPAIRS," in all
correspondence pertaining to this bid and affix this number to outside front of bid envelope for
identification. All bids shall be to the attention of the Purchasing Department.
The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids must be
received at the designated location by the deadline shown. Bids received after the deadline will be
returned unopened and shall be considered void and unacceptable. Bid opening is scheduled to be held in
the Office of the Purchasing Agent, 255 Parkway Boulevard, Coppell, Texas. You are invited to attend.
If Bidder desires not to bid at this time, but wishes to remain on the commodity bid list, please submit a
"NO BID" response (same time/location). The City of Coppell is always very conscious and extremely
appreciative of the time and effort expended to submit a bid. However, on "NO BID" responses please
communicate any bid requirement(s) which may have influenced your decision to "NO BID."
If response is not received in the form of a "BID" or "NO BID" for three (3) consecutive Invitation To
Bid, Bidder shall be removed from said bid list. However, if you choose to "NO BID" at this time but
desire to remain on the bid list for other commodities, please state the specific product/service for which
your firm wishes to be classified.
Awards should be made approximately three weeks following the bid opening date. To obtain results, or
if you have any questions, please contact the Purchasing Department at 972-304-3644.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
Page 2
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
THE.CITY.OF
corrELL
INVITATION TO BID
INSTRUCTIONS/TERMS OF CONTRACT
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
By order ofthe City Council ofthe City of Coppell, Texas, sealed bids will be received for:
REINFORCED CONCRETE PAVEMENT REPAIRS
'TO PROVIDE for an annual Contract commencing within thirty (30) days after the date of the
award and continuing for twelve month period. The City of Coppell, City Council reserves the
right to extend this contract for four (4) additional one-year periods as it deems to be in the best
interest of the city.
IT IS UNDERSTOOD that the City Council of the City of Coppell, Texas reserves the right to
reject any and/or all bids for any/or all products and/or services covered in this bid request and to
waive informalities or defects in bids or to accept such bids as it shall deem to be in the best
interests of the City of Coppel!.
BIDS MUST BE submitted on the pricing forms included for that purpose in this packet. Each
bid shall be placed in a separate sealed envelope, with each page manually signed by a person
having the authority to bind the firm in a Contract, and marked clearly on the outside as
shown below. FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED!
SUBMISSION OF BIDS: Sealed bids shall be submitted no later than 2:00p.m., April 21,
2009, to the address as follows:
City of Coppell
Purchasing Department
255 Parkway Blvd.
Coppell, Texas 75019
MARK ENVELOPE: "BID NO. Q-0409-01, REINFORCED CONCRETE PAVEMENT
REPAIRS"
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
ALL BIDS MUST BE RECEIVED IN THE CITY'S PURCHASING DEPARTMENT
BEFORE OPENING DATE AND TIME.
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special
services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for
participation in or access to the City of Coppell sponsored public programs, services and/or
meetings, the City requests that individuals make request for these services forty-eight (48) hours
ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon
V. Bowman, ADA Coordinator or other designated official at (214) 462-0022, or (TOO 1-800-
RELAY, TX 1-800-735-2989).
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
FUNDING: Funds for payment have been provided through the City of Coppell budget approved
by the City Council for this fiscal year only. State of Texas statutes prohibit the obligation and
expenditure of public funds beyond the fiscal year for which a budget has been approved.
Therefore, anticipated orders or other obligations that may arise past the end of the current fiscal
year shall be subject to budget approval.
LATE BIDS: Bids received in the City of Coppell Purchasing Department after submission
deadline will be considered void and unacceptable. The City of Coppell is not responsible for
lateness or non-delivery of mail, carrier, etc., and the date/time stamp in. the Purchasing
Department shall be the official time of receipt.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any
interlineation, alteration, or erasure made before opening time must be initialed by the signer of
the bid, guaranteeing authenticity.
WITHDRAWAL OF BID: A bid may !lot be withdrawn or canceled by the Bidder without the
permission of the City for a period of ninety (90) days following the date designated for the
receipt of bids, and Bidder so agrees upon submittal of their bid.
SALES TAX: The City ofCoppell is exempt by law from payment of Texas State Sales Tax and
Federal Excise Tax. Bidder shall include any sales taxes from concession sales of taxable items
on City property in the total price of the sale, and shall be responsible to report and pay such taxes
in a timely manner.
BID A WARD: The City reserves the right to award any combination of the three sections as is
deemed in the best interest of the City. The City also reserves the right to not award one or none
of the sections.
CONTRACT: This bid, when properly accepted by the City of Coppell, shall constitute a
Contract equally binding between the successful Bidder and the City. No different or additional
terms will become a part of this Contract with the exception of Change Orders.
CHANGE ORDERS: No oral statement of any individual shall modify or otherwise change, or
affect the terms, conditions or Specifications stated in the resulting Contract. All Change Orders
to the Contract will be made in writing by the City's Purchasing Agent.
IF DURING THE life of the Contract, the successful Bidder's net prices to other customers for
items awarded herein are reduced below the Contracted price, it is understood and agreed that the
benefits of such reduction shall be extended to the City of Coppell.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
A PRICE redetermination may be considered by the City only at the anniversary date of the
Contract and shall be substantiated in writing (i.e., Manufacturer's direct cost, postage rates,
Railroad Commission rates, Wage/Labor rates, etc.). The Bidder's past history of honoring
Contracts at the bid price will be an important consideration in the evaluation of the lowest and
best bid. The City reserves the right to accept or reject any/all of the price redetermination as it
deems to be in the best interest of the City.
DELIVERY: all delivery and freight charges (F.G.B. City of Coppell) are to be included in the
bid price.
DELIVERY TIME: Bids shall show number of days required to place goods ordered at the City's
designated location. Failure to state delivery time may cause bid to be rejected. Successful
Bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met.
If delay is foreseen, successful Bidder shall give written notice to the Purchasing Agent. The City
has the right to extend delivery time if reason appears valid. Successful Bidder must keep the
Purchasing Department advised at all times of the status of the order.
CONFLICT OF INTEREST: No public official shall have interest In this Contract, in
accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C,
Chapter 1 71 .
DISCLOSURE OF CERTAIN RELATIONSHIPS Effective January 1,2007, Chapter 176 of
the Texas Local Government Code requires that any vendor or person considering doing business
with a local government entity disclose in the Questionnaire Form C1Q, the vendor or person's
affiliation or business relationship that might cause a conflict of interest with a local government
entity. By law, this questionnaire must be filed with the records administrator of the City of
Coppell not later than the ih business day after the date the person becomes aware of facts that
require the statement to be filed. See Section 176.006, Local Government Code. A person
commits an offense if the person violates Section 176.006, Local Government Code. An offense
under this section is a Class C misdemeanor.
ETHICS: The Bidder shall not offer or accept gifts of anything of value nor enter into any
business arrangement with any employee, official or agent of the City of Coppel\.
EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this Invitation To Bid will be
considered for award. Bidders taking exception to the Specifications, or offering substitutions,
shall state these exceptions in the section provided or by attachment as part of the bid. In the
absence of such, a list shall indicate that the Bidder has not taken exceptions and shall hold the
Bidder responsible to perform in strict accordance with the Specifications of the Invitation. The
City of Coppell reserves the right to accept any and all, or none, of the exception(s)/
substitution(s) deemed to be in the best interest of the City.
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
ADDENDA: Any interpretations, corrections or changes to this Invitation To Bid and
Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the
City of Coppell Purchasing Agent. Addenda will be mailed to all who are known to have
received a copy of this Invitation To Bid. Bidders shall acknowledge receipt of all addenda.
DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid Specifications
will be made by addenda. Sole issuing authority of addenda shall be vested in the City's
Purchasing Agent. Addenda will be mailed to all who are known to have received a copy of this
invitation to Bid. Bidders shall acknowledge receipt of all addenda.
BID MUST COMPLY with all federal, state, county, and local laws concerning these types of
service(s).
DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of
manufacturing and engineering practice.
All items supplied against credit must be new and unused, unless otherwise specified, in first-
class condition and of current manufacturer.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
Bidder must affirmatively demonstrate Bidder's responsibility. A prospective Bidder must meet
the following requirements:
1. Have adequate financial resources, or the ability to obtain such resources as
required;
2. be" able to comply with the required or proposed delivery schedule;
3. have a satisfactory record of performance;
4. have a satisfactory record of integrity and ethics;
5. be otherwise qualified and eligible to receive an award.
The City may request representation and other information sufficient to determine Bidder's ability
to meet these minimum standards listed above.
REFERENCES: The City requests Bidder to supply, with this Invitation To Bid, a list of at least
three (3) references where like products and/or services have been supplied by their firm. Include
name of firm, address, telephone number and name of representative.
BIDDER SHALL PROVIDE with this bid response, all documentation required by this
Invitation To Bid. Failure to provide this information may result in rejection of bid.
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Coppell and
all its officers, agents and employees from all suits, actions, or other claims of any character,
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
name and description brought for or on account of any injuries or damages received or sustained
by any person, persons, or property on account of any negligent act or fault of the successful
Bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance
under, any Contract which may result from bid award. Successful Bidder indemnifies and will
indemnify and save harmless the City from liability, claim or demand on their part, agents,
servants, customers, and/or employees whether such liability, claim or demand arise from event
or casualty happening or within the occupied premises themselves or happening upon or in any of
the halls, elevators, entrances, stairways or approaches of or to the facilities within which the
occupied premises are located. Successful Bidder shall pay any judgment with costs which may
be obtained against the City growing out of such injury or damages. 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.
WAGES: Successful Bidder shall payor cause to be paid, without cost or expense to the City of
Coppell, all Social Security, Unemployment and Federal Income Withholding Taxes of all such
employees and all such employees shall be paid wages and benefits as required by Federal and/or
State Law.
TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires,
delivery and acceptance of products and/or performance of services ordered or terminated by
either party with a thirty (30) day written notice prior to any cancellation. The successful Bidder
must state therein the reasons for such canc~lIation. The City of Coppell reserves the right to
award canceled Contract to next lowest and best Bidder as it deems to be in the best interest of
the City of Coppel!.
TERMINATION FOR DEFAULT: The City of Coppell reserves the right to enforce the
performance of this Contract in any manner prescribed by law or deemed to be in the best interest
of the City in the event of breach or default of this Contract. The City of Coppell reserves the
right to terminate the Contract immediately in the event the successful Bidder fails to:
1. Meet schedules;
2. defaults in the payment of any fees; or
3. otherwise perform in accordance with these Specifications.
Breach of Contract or default authorizes the City of Coppell to exerCIse any or all of the
following rights:
1. The City may take possession of the assigned premIses and any fees accrued or
becoming due to date;
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
2. the City may take possession of all goods, fixtures and materials of successful Bidder
therein and may foreclose its lien against such personal property, applying the proceeds
toward fees due or thereafter becoming due.
In the event the successful Bidder shall fail to perform, keep or observe any of the terms and
conditions to be performed, kept or observed, the City shall give the successful Bidder written
notice of such default; and in the event said default is not remedied to the satisfaction and
approval of the city within two (2) working days of receipt of such notice by the successful
Bidder, default will be declared and all the successful Bidder's rights shall terminate.
Bidder, in submitting this bid, agrees that the City of Coppell shall not be liable to prosecution for
damages in the event that the City declares the Bidder in default.
NOTICE: Any notice provided by this bid (or required by law) to be given to the successful
Bidder by the City of Coppell shall conclusively deemed to have been given and received on the
next day after such written notice has been deposited in the mail in the City of Coppell, Texas by
Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful
Bidder at the address so provided; provided this shall not prevent the giving of actual notice in
any other manner.
PATENTS/COPYRIGHTS: The successful Bidder agrees to protect the City of Coppell from
claims involving infringement of patents and/or copyrights.
CONTRACT ADMINISTRATOR: Under this Contract, the City of Coppell may appoint a
Contract Administrator with designated responsibility to ensure compliance with Contract
requirements, such as but not limited to, acceptance, inspection and delivery. The Contract
Administrator will serve as liaison between the City of Coppell Purchasing Department (which
has the overall Contract Administration responsibilities) and the successful Bidder.
PURCHASE ORDER: A Purchase Order(s) shall be generated by the City of Coppell to the
successful Bidder. The Purchase Order number must appear on all itemized invoices. The City
of Coppell will not be held responsible for any orders placed/delivered without a valid current
Purchase Order number.
INVOICES shall show all information as stated above, shall be issued for each Purchase Order
and shall be mailed directly to the City of Coppell Engineering Department, 255 Parkway Blvd.,
Coppell, Texas 75019.
PAYMENT will be made upon receipt and acceptance by the City of Coppell for any item(s)
completed upon receipt of a valid invoice, in accordance with the State of Texas Prompt Payment
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
Act, Article 601 f V.T.C.S. Successful Bidder(s) required to pay subcontractors within ten (10)
days.
WORK supplied under this Contract shall be subject to the City's approval.
WARRANTY: Successful Bidder shall warrant that all items/services shall conform to the
proposed Specifications and/or all warranties as stated in the Uniform Commercial Code and be
free from all defects in material, workmanship and title. A copy of the warranty for each item
being bid must be enclosed. Failure to comply with the above requirements for literature and
warranty information could cause bid to be rejected.
REMEDIES: The successful Bidder and the City of Coppell agree that both parties have all
rights, duties and remedies available as stated in the Uniform Commercial Code.
VENUE: This Agreement will be governed and construed according to the laws of the State of
Texas. This Agreement is performable in the City of Coppell, Texas.
ASSIGNMENT: The successful Bidder shall not sell, assign, transfer or convey this Contract, in
whole or in part, without prior written consent of the City of Cop pel I.
SPECIFICATIONS and model numbers are for description only. Bidder may bid on description
only. Bidder may bid on alternate model but must clearly indicate alternate model being bid.
Bidder must enclose full descriptive literature on alternate item(s).
SILENCE OF SPECIFICATION: The apparent silence of these Specifications as to any detail
or to the apparent omission of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practices are to prevail. All interpretations of these
Specifications shall be made on the basis of this statement.
Each insurance policy to be furnished by successful Bidder shall include, by endorsement to the
policy, a statement that a notice shall be given to the City of Coppell by Certified Mail thirty (30)
days prior to cancellation or upon any material change in coverage.
BID BOND: If the contract is for the construction of public works the bidder must furnish a
good and sufficient bid bond in the amount of five percent of the total contract price. A bid bond
must be executed with a surety company authorized to do business in the state of Texas.
ANY QUESTIONS concerning this Invitation To Bid and Specifications should be directed to the
Purchasing Department at 972-304-3643.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01 REINFORCED CONCRETE PAVEMENT REPAIRS
THE.CITY.OF
COPPELL
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
BIDDERS PLEASE NOTE:
ONE COPY OF THE FOLLOWING BID
SHEETS HAVE BEEN ENCLOSED
FOR YOUR CONVENIENCE
(SPECIFICATIONS AND CONFLICT OF INTEREST FORM)
TWO COPIES MUST BE RETURNED TO THE PURCHASING
DEPARTMENT NO LATER THAN: 2:00 PM., TUESDAY, APRIL 21, 2009.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
SPECIFICA nONS
FOR
REINFORCED CONCRETE PAVEMENT REPAIRS
1. All repairs are to be saw cut full depth a minimum of 12" beyond the failure or to the next joint if
within 3' and are to be square or rectangular in shape.
2. Complete removal of all pavement within the repair area is to be accomplished leaving clean vertical
sides. Damaged vertical sides will bere-sawed, removed and replaced at the contractor's expense.
Limit of pay will only be to the original saw line. Spoils from this activity and sub grade removal will
be disposed of off-site at the contractor's expense.
*Note: When street repair includes curb and gutter repair, the curb and gutter will be paid under the
bid item for paving. Measurement will be based on the measurement of flatwork plus the curb height.
For example: a 3'x 3' section that includes curb will be paid at 3'x 3'6" or 10.5 square feet. The
quantity of curb included in the bid is for those areas where only the curb.needsto be replaced and will
be constructed per Standard Construction Detail Sheet 2120. Payment will then be based on the price
bid per linear foot of curb and gutter.
3. Subgrade shall be removed to a depth of6" below bottom of the existing pavement in the entire repair
area and cement treated base (CTB) is to be placed and compacted (to 95% standard proctor density) in
place of the removed subgrade. If the removal leaves a void deeper than the 6" requirement, or if
unstable material is encountered that has to be removed, then flexbase shall be placed and compacted
(to 95% standard proctor density) to bring subgrade up to 6" below bottom of the existing pavement.
4. Vertical sides of repair area are to be doweled with #4 bars, epoxy embedded 6" into the sides at 12"
centers. A 24" #6 smooth dowel with dowel sleeve will be used at any transverse expansion joint that
may be disturbed. See City of Coppell Standard Specifications.
5. Reinforcement steel shall be minimum #3 bar on 18" centers with 30 diameters bar laps. (#3 - 12" lap)
and shall be supported by bar chairs spaced adequately to support the weight of the concrete during
placement.
6. Concrete shall consist of Type IlIA Cement Class 'C' Concrete at a rate of 6 sacks per CY and a
compressive strength of 3600 PSI at 28 days. After placement of concrete, the entire new concrete
section shall receive a coat of approved white pigmented curing compound applied by use of a sprayer
capable of producing an even and thorough coverage. Six cylinders shall be obtained for testing on the
7th, 14th, and 28th day. Testinl!: to be provided by contractor, at the sole expense of the contractor,
one density taken per repair location, concrete cylinders per day of pour, or 100 cubic yards,
throul!:h a City-approved laboratory. Pavement may be placed in service if a strength 00000 PSI is
obtained on the 7 or 14 day breaks. Ifa strength of3600 PSI is reached on the 7 or 14 day breaks, then
no additional test will be required. If the 28-day break does not obtain 3600 PSI the pavement shall be
removed and replaced at the contractor's expense.
7. Construction joints shall be per the City of Coppell Standard Specifications with silicon sealer at all
joints as well as replacement redwood at transverse expansion joints. If no longitudinal joint is
existing on the existing paving, a longitudinal joint will still be required on the new sections of full
width paving.
8. Any buttons, striping or other traffic control device removed during construction shall be replaced to
match pre-existing conditions.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
9. A comprehensive traffic control plan consistent with the TMUTCD is to be submitted for Engineering
review for all job sites. 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
streets will be allowed full closure.
10. Where deemed necessary by the City, the contractor shall use high-early strength concrete. The mix
shall be capable of reaching 3,000 psi strength within 12 hours of placement. Measurement and
payment shall be as per Items I-I and 1-2. Extra payment will be paid under 1-3 on a per square yard
basis as compensation for the high-early concrete.
II. A 24-month maintenance bond at 50% of total value, on a form provided by the City, will be provided
by the successful bidder.
12. Reference the City of Coppell Standard Construction Details and Subdivision Ordinance for further
clarification.
13. All irrigation systems damaged will be repaired to as good or better by the contractor and to the
satisfaction of the property owner. It is the contractor's responsibility to obtain utility locations. Any
damage to existing utilities will be the sole responsibility of the contractor. Contractor will be
responsible for backfilling .behind. the curb, where curb has been removed and replaced, and sodding
the disturbed area with like turf.
14. It will be the responsibility of the contractor to provide written notification to affected residents in the
vicinity of the repair prior to the beginning of work. Information to be included will be beginning and
end dates of project, road closure information - either total or partial, and contact number(s).
15. All items necessary to complete the work including but not limited to testing, pavement markings,
traffic control plan, repair of irrigation systems, sodding, etc. are subsidiary to the price bid.
16. 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, Fourth Addition and any amendments as
adopted by the North Central Texas Council of Governments.
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
The City of Coppell is the contracting agency for this construction project. The following statute
requires any contracting agency to specify the generally prevailing rate of wages in contracts that are
bid.
Vernon's Texas Civil Statutes - Article 5159a:
"Construction of Public Works in State
and Municipal or Political Subdivisions;
Prevailing Wage Rate to be maintained."
Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following rates of
wages are paid to various classifications of workers in the locality of this project.
Not less than the following hourly rates shall be paid for the various classifications of work required by
this project. Workers in classifications where rates are not identified shall be paid not less than the
general prevailing rate of "laborer" for the various classifications of work therein listed.
The hourly rate for legal holiday and overtime work shall be not less than one and one-half (I & 1/2)
times the base hourly rate.
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
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 less than 60% of the journeyman's wage as shown.
At no time shall a journeyman supervise more than one (I) apprentice. All apprentices shall be under
the direct supervision of a journeyman working as a crew.
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:
Air Tool Operator..............
Asphalt Distributor Operator...
Asphalt paving machine Operator
Asphalt Raker..................
Asphalt Shoveler...............
Batching Plant Weigher.........
Broom or Sweeper Operator......
Bulldozer Operator ...........
Carpenter. . . . . . . . . . . . . . . . . . . . . .
Concrete Finisher, Paving......
Concrete Finisher, Structures..
Concrete Paving Curbing
Machine Operator.... ...........
Concrete Paving Finishing
Machine Operator...............
Concrete Paving Joint Sealer
Operator. . . . . . . . . . . . . . . . . . . . . . .
Concrete Paving Saw Operator...
Concrete Paving Spreader
Operator. . . . . . . . . . . . . . . . . . . . . . .
Concrete Rubber................
Crane, Clamshell, Backhoe,.
Derrick, Dragline, Shovel
Operator. . . . . . . . . . . . . . . . . . . . . . .
Electrician. . . . . . . . . . . . . . . . . . . .
Flagger. . . . . . . . . . . . . . . . . . . . . . . .
Form Builder/Setter, Structures.
Form Setter, Paving & Curb.....
Foundation Drill Operator,
Crawler Mounted. . . . . . . . . . . . . . . .
Foundation Drill Operator,
Truck Mounted..................
Front End Loader Operator......
Laborer, common................
Laborer, Utility...............
Mechanic. . . . . . . . . . . . . . . . . . . . . . .
Milling Machine Operator,
Fine Grade.....................
Mixer operator.................
Motor Grader Operator, Fine
Grade. . . . . . . . . . . . . . . . . . . . . . . . . .
Motor Grader Operator, Rough...
Oiler. . . . . . . . . . . . . . . . . . . . . . . . . .
Painter, Structures............
Pavement Marking Machine
$ 10.06
$ 13.99
$ 12.78
$ 11. 01
$ 8.80
$ 14.15
$ 9.88
$ 13.22
$ 12.80
$ 12.85
$ 13.27
$ 12.00
$ 13.63
$ 12.50
$ 13.56
$ 14.50
$ 10.61
$ 14.12
$ 18.12
$ 8.43
$ 11. 63
$ 11. 83
$ 13.67
$ 16.30
$ 12.62
$ 9.18
$ 10.65
$ 16.97
$ 11.83
$ 11.58
$ 15.20
$ 14.50
$ 14.98
$ 13.17
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
Operator. . . . . . . . . . . . . . . . . . . . . . .
Pipe layer . . . . . . . . . . . . . . . . . . . . . .
Reinforcing Steel Setter,
Paving. . . . . . . . . . . . . . . . . . . . . . . . .
Reinforcing Steel Setter,
Structure. . . . . . . . . . . . . . . . . . . . . .
Roller Operator, Pneumatic,
Self-Propelled................ .
Roller Operator, Steel Wheel,
Flat Wheel/Tamping.............
Roller Operator, Steel Wheel,
Plant Mix Pavement.............
Scraper Operator...............
Servicer. . . . . . . . . . . . . . . . . . . . . . .
Slip Form Machine Operator.....
Spreader Box operator..........
Tractor operator, Crawler Type.
Tractor operator, Pneumatic....
Traveling Mixer Operator.......
Truck driver, lowboy-Float.....
Truck driver, Single Axle,
Heavy. . . . . . . . . . . . . . . . . . . . . . . . . .
Truck driver, Single Axle,
Light. . . . . . . . . . . . . . . . . . . . . . . . . .
Truck Driver, Tandem Axle,
Semi-Trailer. . . . . . . . . . . . . . . . . . .
Truck Driver, Transit-Mix......
Wagon Drill, Boring Machine,
Post Hole Driller Operator.....
Welder. . . . . . . . . . . . . . . . . . . . . . . . .
Work Zone Barricade Servicer...
$ 10.04
$ 11.04
$ 14.86
$ 16.29
$ 11.07
$ 10.92
$ 11. 28
$ 11. 42
$ 12.32
$ 12.33
$ 10.92
$ 12.60
$ 12.91
$ 12.03
$ 14.93
$ 11.47
$ 10.91
$ 11.75
$ 12.08
$ 14.00
$ 13.57
$ 10.09
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWA Y BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
-
^' ^^ ~^^ ^m"" ~^ ^
^'^ ^-
" ^^
-
STREET REPAIR LIST
STREET FAILURES * EXTRA DEPTH CONCRETE (TYPE 1-2)
Priority Date Address S.Y. Description
*1 6/25/08 Airline 450 17 Street failure (temp. patch done)
*1 7/23/08 Airline 505 33 Street failure around manhole (temp patch done)
06/19/07 Armstrong 722-726 8 Street Failure new manhole
11/02/08 Ashley 3 I 0 20 Street failure (temp. patch done)
05/07/08 Ashley/Whispering Hills 45 Street failure (temp. patch done)
10/20/08 Aspenway 207 9 Street failure (temp. patch done)
3/31/2004 Auburn II Street failure behind median
2 3/11/2008 Barrington 1307 18 Street failure (temp. patch done)
10/19/2006 Beltline/Wrangler Street failure (temp. patch done)
11/21/2008 Bethel E. East of Brick Pavers 44 Street failure panel sinking
11/21/2008 Bethel E. West of Brick Pavers 40 Street failure at manhole
11/24/2008 Bethel SchoollFalcon 9 Street failure southbound Bethel Sch. (temp. patch)
2 1/31/2006 Copperstone 402 26 Street failure
8/8/2008 Cove 351 2 Street failure (temp. patch done)
*2 2/7/2008 Denton Tap/Sandy Lake 2 Street failure (temp. patch done)
7/8/2008 Freeport 635 71 Street failure north & south side of building (temp. patch done)
*1 4/8/2008 Freeport/Southwestern 15 Street failure (temp. patch done)
*1 1/6/2009 Freeport/Wrangler 35 Street failure (temp. patch done) Southwest corner
11/13/2008 Greenway/Exchange Cir 9 Street failure 3 places -dead end street
2 2/4/2008 Harris/Brooks 3 Street failure (temp. patch done)
2/8/2005 Harris/Saddletree Street fai I ure
2/8/2005 Hartford 452 21 Street Failure
9/25/2007 Heather Glen/Braewood 20 Street failure
2 8/21/2003 Lodge 12 Street failure (Northbound lane)
3/24/2008 Lodge 264 2 Street failure (temp. patch done)
2 4/23/2007 Lodge 3 17 II Street failure (Northbound temp patch)
2 7/20/2008 Long Meadow/Forest Cove Street failure (temp. patch done)
8/15/2008 MacArthurNillage Dr 9 Street failure (2 temp. patches N.bound MacA)
8/5/2008 MacArthurNillage Pkwy 2 Street failure
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
,1Cf
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
1/7/2008 Manchester 119 32 Street failure
2 7/21/2003 Meadowview/Moore 48 Street failure (W side of Meadowview @ Moore)large pothole
3 6/2/2004 Mockingbird 124 Street failure (between Hawk & Allen)
2 10/18/2004 Mockingbird & Cherrybark 400 Worn concrete causing skidding
7/12/2007 Mockingbird 232 10 Street failure (temp. patch done)
3 3/1 0/2008 Mockingbird/Beltline Minor street failure at RR tracks (temp. patch done).
4/22/2008 Mockingbird/Falcon 3 Street failure northbound 50' north of Falcon (temp. patch done)
5/15/2008 Moore 125 77 Street failure (temp. patch done-updated 7/9/08)
4/24/2007 Moore Rd (Northbound) 22 Street failure (temp. patch done)
2 4/24/2007 Moore Rd (Southbound) 3 Street failure (temp. patch done)
2 11/16/2006 Parkview PI 416 90 Street failure
2 8/20/2007 Parkway 1000' west of MacArthur Street failure (temp. patch done)
8/21/2007 Parkway near Lodge 16 Street failure (temp. patch done) 3 areas west bound
2 4/23/2007 Parkway/Lodge 2 Street failure (westbound-temp. patch)
8/14/2006 Parkway/Parkview 20 Street failure westbound lane(temp. patch done)
12/1/2008 Plantation 213 30 Street failure (temp. patch done)
12/1/2008 Plantation 312 16 Street failure (temp. patch done)
*1 2/23/2009 Royal 62 I 21 Street failure (temp. patch done)
*1 10/30/2008 Royal at RR tracks 36 Street failure 3 places (temp. patch done)
*2 2/8/2005 Royal Ln 133 Panels wash boarding bit Gateway & RR tracks
*1 10/19/2006 Royal/Gateview 5 Street failure (temp. patch done)
*1 12/3/2008 Royal/Northpoint 24 Street failure (temp. patch done)
9/26/2007 Samuel/MacArthur 6 Street failure (temp. patch done)
5/7/2008 Samuel/Meadow Ridge 22 Street failure SB bit Meadow Ridge & New Tech High on curb lane
1/8/2008 Samuel/Sandy Lake 15 failure SB 100' from Sandy Lake left lane (temp. patch done)
3 3/8/2008 Samuel/Sandy Lake 5 Street failure (temp. patch done)
*1 4/22/2005 Sandy Lake (E bnd 100 yds W of 2 Street failure
Meadowglen)
*1 7/13/2006 Sandy Lake 300' E. of Heartz 134 Major street failure
*2 8/15/2008 Sandy Lake/Heartz 2 Street failure WB (temp. patch done)
*2 10/29/2008 Sandy Lake/Lodge EB Street failure EB Rt lane (temp. patch done)
7/12/2007 Shadowcrest @ Sandy Knoll 6 Street failure (temp. patch done)
3/19/2008 Southern Belle 230 33 Street failure
1/9/2008 Spanish Moss 343 89 Sinkinglbroken (bad subgrade)
2 1/9/2007 Waterview 525-529 110 Street failure (temp. patch done)
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWA Y BOULEVARD' COPPELL, TEXAS 75019
/} ~\
J
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
2 7/29/2008 Waterview 526-530 2 Street failure (temp. patch done)
2 1/9/2007 Waterview 533 55 Street failure (temp. patch done)
9/7/2008 Whispering Hills/River Rd 13 Street Failure approx. 20' north of River Rd.
2 8/31/2005 Willet 28 Sinking alley entrance
2/9/2007 Winding Hollow 102-103 128 Street Failure
2 2/8/2005 Winding Hollow/Sandy Lake 48 Street failure
7/3 1/2008 Woodhurst 430-462 60 Major Street failure
2 10/16/2008 Wrangler Dr/Wrangler Cir 3 Street failure (temp. patch done)
2373
* EXTRA DEPTH CONCRETE (TYPE 1-2)
2,
~~
ALLEY REPAIR LIST
ALLEY FAILURES
Priority Date Address s.f. Description
1 06/07/07 Alex 359 600 Sinking/cracked
1 10/08/08 Aspenway 259 200 Sinkinglbroken (temp. patch done)
1 10/22/2008 Barrington 1300 155 Sinkinglbroken 2 areas (temp. patch done)
1 10/09/07 Bethel School W. 204 800 Sinking/cracked
1 2/18/2008 Blue Jay 816 200 Broken
1 7/29/2008 Breanna Way 1320 80 Broken (temp. patch done)
3/17/2008 Cambria 407 1100 Broken at end of cui de sac where concrete was extended for
trash trks.
1/5/2005 Cambria 446 64 Sinking/ Broken
9/5/2008 Cambria 463 600 Broken 2 areas (temp. patches done)
10/12/2007 Cherrybark 112 600 Sinkinglbroken
3/18/2008 Cherrybark 220 200 Broken
5/14/2008 Condor 938 25 Sinking (temp. patch done)
9/17/2008 Crestview 829-833 184 Sinking/broken (temp. patch done)
10/16/2008 Crestview 836 72 Sinking/broken (temp. patch done)
10/24/2007 Crown Point 226 234 Sinkinglbroken (temp. patch done)
4/28/2008 Deforest 660 192 Broken (temp. asphalt patch)
1 0/8/2008 Edgewood 230 400 Sinking/cracked
8/1 0/2007 Elmvale Ct. 909 315 Curb at alley entrance & alley is broken - alley needs to be
widened
10/9/2008 Falcon Ct 314-318 75 Sinkinglbroken (temp. patch done)
2/11/2008 Falcon 830 250 Sinkinglbroken (temp. patch done)
2/812008 Falcon 901 80 Sinkinglbroken (temp. patch done)
8/29/2007 Falcon 936 800 Sinkinglbroken (temp. patch done)
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
J r"
BID NO. Q-0409-01 REINFORCED CONCRETE PAVEMENT REPAIRS
9/22/2008 Glenwood 136 300 Sinking/broken at alley entrance
7/12/2007 Harwell 375 140 Broken (temp. asphalt patch)
12/19/2008 Heather Glen 124 80 Broken (temp. patch done)
7/12/2008 Heather Glen 256 1100 Broken (crack sealed & 2 temp patches)
8/23/2006 Highland Meadow 204 300 Sinkinglbroken (temp. patch done)
10/23/2008 Hill 805 200 Broken (temp. patch done)
11/4/2005 Hummingbird Alley 96 Broken (temp. asphalt patch)
exit onto Willet
I 6/29/2007 Kailey Way 50 Broken (temp. asphalt patch)
I 11/6/2007 London Way 146 248 Sinkinglbroken (temp. asphalt patch)
I 7/31/2008 Long Meadow 109 66 Broken (temp. asphalt patch 7/25/08)
I 4/11/2007 Mallard 927 720 Sinkinglbroken (temp. patch done)
I. 8/2/2007 Meadowlark 724 80 Broken (both ends of alley)
I 9/17/2007 Meadow Run Cir 102 432 Broken (alley entrance needs to be widened)
I 3/17/2008 Meadow Run Cir 211 300 Sinking
I 7/23/2008 Mockingbird 124 70 Sinking (temp. patch done)
I 7/12/2007 Mockingbird 160 72 Broken around manhole (temp. patch)
I 7/9/2007 Mockingbird 212 1400 Sinking (holds about 2" of water)
I 11/8/2006 Mockingbird 216 800 Sinking (holds about 2" of water)
I 9/25/2008 Newport 159 104 Broken (temp. patch done)
I 9/25/2008 Newport 185 70 Broken (temp. patch done)
I 1/4/2008 Parkview PI 429-431 800 Broken (temp. asphalt patch)
I 11/3/2006 Parkwood 426 70 Sinkinglbroken (temp. patch done)
I 11/18/2008 Pelican 847 98 Broken (temp. asphalt patch)
I 12/21/2007 Pheasant 609-613 2320 Broken
I 1/2/2008 Phillips 600 376 Sinkinglbroken
I 10/8/2006 QuietValley 303 500 Broken (temp. asphalt patch)
I 3/24/2008 Raven 60 I 110 Sinkinglbroken
I 2/11/2008 Redcedar Way 805 200 Broken (temp. asphalt patch)
I 7/11/2007 Redcedar Way 809 2000 Sinkinglbroke (temp. patch)
I 2/14/2008 Redcedar Way 903 360 Broken-alley entrance needs to be wider
I 5/30/2008 Redcedar Way 935 300 Sinking
I 4/16/2007 Redcedar Way 966 270 Broken at entrance: Res. wants entry widened
I 9/8/2005 Rolling Brook 1018 374 Sinkinglbroken
I 10/18/2005 Roundrock Cir 1024 245 Sinkinglbroken (temp. repair done 5/2/07)
I 10/24/2007 Shadowcrest 457 270 Sinkinglbroken (temp. patch done)
I 10/24/2007 Shadowcrest 500 blk 1200 Sinkinglbroken (temp. repair 10/24/07)
I 1/28/2008 Simmons 204 1000 Sinkinglbroken (temp. patch done)
I 8/3/2005 Southern Belle 233 700 Sinkinglbroken
I 6/8/2007 Springoak 301 380 Broken (temp. asphalt patch)
I 3/8/2008 Sugarberry 945 125 Broken by storm drain-temp. patch
I 2/6/2007 Tupelo 937-941 495 Broken-failure
I 10/14/2008 Waverly 620 200 Broken (temp. asphalt patch)
I 3/2/2004 Westwood Ct. 336 198 Broken/sinking
11/2/2008 Whispering 92 Broken/sinking 2 places (temp. patch)
Hills/Ashley
11/13/2007 Willow Springs 229 60 Broken/sinking (temp. repair done)
3/31/2008 Woodhurst 407 100 Broken/sinking
p 6/2'( I oct -Heatth-~tD(\e.. 12..\ C~At kG)
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
4((;
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
8/3/2007
2/1/2008
3/6/2003
2/15/2006
4/1/2008
4/22/2006
3/18/2002
10/4/2005
4/24/2006
6/9/2005
2/8/2005
10/25/2006
3/24/2003
6/25/2007
8/31/2006
2/27/2007
2/27/2007
6/27/2007
4/5/2006
5/23/2006
9/28/2004
6/14/2004
10/24/2005
4/28/2005
Woodway 461
Archer 501
Carriage Ct. 204
Creek Crossing 1041
Dickens 137
Glen Lakes 659-663
Glendale 165
Grace 573
MacArthur N. 205
Mallard 846-902
Meadowood 304
Mockingbird 124
Moore N. 344
Pheasant 618
Raintree Cir 523
Tennyson PI 123
Tennyson PI 142
Whispering Hills 252
Willow Springs 433
Wynnpage 138
Alendale 730
Carriage Ct. 200
Villawood Ln 700
Wynnpage 131
CURB & GUTTER
~~
",,,,," ' ~..-
~'.
",
CURB & GUTTER FAILURES
Date Address
7/14/2006 Branchwood 141
7/22/2008 Buttonwood 407
8/26/2008 Cambria 467
2/9/2009 Cooper 40 I
12/1 1/2008 Cove 227
8/21/2006 Falcon 748
] 1/21/2008 Laguna 950
12/3/2008 Laguna 954
9/18/2008 MacArthur/Deforest
1021
324
95
60
]20
200
100
]85
20
36
54
240
400
25
]20
]20
]60
100
520
300
540
810
80
300
32627
3625
'..
"' .-,
L.F.
20
16
]6
8
8
10
16
14
10
Broken/sinking
Cracked & Broken (minor patch done)
Sinking/broken flume needs replacing
Broken
Broken (temp. asphalt patch)
Sinking/broken
Broken (pothole)
Broken
Broken (temp. asphalt patch)
Broken-failure
Sinking/broken
Sinking/cracked
Sinking/broken
Sinking/broken,
Sinking
Sinking/broken (temp. patch done)
Sinking/broken (temp. patch done)
Sinking/broken
Broken/sinking (temp. repair done)
Sinking/cracked
Ponding/cracking
Sinking
Broken (temp. asphalt patch)
Cracked
[;Q!J~RE YDS
~
'",~.- '.
",
, --~~-" ..",
", "
~._~..~-
Description
Curb sinking/broken
Curb broken - sidewalk needs to be cut at curb to
install expansion joint
Curb broken
Curb broken at comer & front. ADA ramp.
Curb broken
Curb
Curb broken
Curb broken both sides of driveway
Curb broken SB MacArthur N of Deforest
1
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
10/8/2008 Meadowlark 747 10 Curb broken
8/28/2006 Meadowwood 316 14 Curb sinkinglbroken
2/ I 0/2006 Parkview PI 432 9 Curb & gutter broken/sinking
11/8/2007 Parkway (median in front of Town 6 Curb broken both sides of nose cone
Center)
10/3 1/2008 Parkway 255 8 Curb broken south side by driveway
11/18/2008 Parr 638-642 4 Curb broken
4/9/2006 Pepperwood 333 10 Curb sinkinglbroken
5/9/2007 Pheasant Ln 621 6 Curb broken
2/8/2005 Sandy LakeIDenton SW corner 3 Curb & gutter broken/sinking
9/15/2008 Shadowcrest 538 20 Curb broken
5/30/2006 Sugarberry 824 8 Curb sinking
6/6/2008 Waterford (median) 6 Curb broken
l~ 222
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
BID SHEET
TYPE I
STREET FAILURES
Item Description Concrete Quantity Bid Price TOTAL
Thickness Per SY
I-I Remove and Replace 6" 2,373 $51.65 122,565.45
Base Bid Street failures
(list provided)
1-2 Remove and Replace *Per 1,085 $5.00 $5,425.00
Additional Street failures Additional
Inch of
Thickness (list provided) Thickness
1-3 Remove and Replace Full Depth Approx. $54.65 $8,197.50
Additional Street failures 150 SY
"high- (see Spec. #10)
early"
* Example: 9" Concrete: Base Bid I-I + 3 times (bid 1-2) = Cost
TYPE II
ALLEY FAILURES
Item Description Concrete Bid Price
Thickness Quantity Per SY TOTAL
SQ. YD.
II-I Remove and Replace 6" 3,625 $49.44 $179,220.00
Alley failures
(list provided)
TYPE III
CURB and GUTTER FAILURES
Item Description Quantity Bid Price TOTAL
L.F. Per LF
III-I Remove and Replace Curb and Gutter $16.00 $3,552.00
failures 222
Measured per Standard Construction
Detail Sheet 2120
(list provided)
Number of Calendar Days to Complete the Work 90 DA YS
Note: All work must be completed by September 30,2009.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
BID SUMMARY
Total Bid for TYPE I -1 (Remove & Replace Street Failures) $ 122.565.45
Total Bid for TYPE 1-2 (Remove & Replace Street Failures) $ 5.425.00
Total Bid for TYPE I -3 (Remove & Replace Street Failures) $ 8.197.50
Total Bid for TYPE II (Remove & Replace Alley Failures) $ 179.220.00
Total Bid for TYPE III (Remove & Replace Curb & Gutter) $ 3.552.00
TOTAL BID (I terns I-III) $ 318.959.95
Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable
signature page.
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal
property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions
to Bidders).
The terms used in this Bid which are defined in the General Conditions of the Construction Contract included
as part of the Contract Documents have the meanings assigned to them in the General Conditions.
Tlte City of Coppell reserves tlte rigltt to delete any portion of tltis project or adjust quantities as it may deem
necessary to stay witltin tlte City's available funds. Sltould tlte City elect to delete any portion, tlte contract
quantities will be adjusted accordingly.
SUBMITTED ON _4/21_,2009
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
Company Information
Comp,ny Name, :Y6 <1>" p~ , ) ;'" 1 '" ",J Co~Si-':: 4" I;- ;O~
Address: \ 0 Z h \ (6 \' c\c,^=- w. (?. J. \) ~~ 4<'$ 1X ~ '7 t7 2. L 0
PhoneNumber:Cq7~) 762-- Cf6Z8
Fax Number: [17V 606 -- g 2 7 0
Contact Person: M e:A I ~ r ~ A. f::- L1.pt fat
/ I . ( ,
E-mail Address:f.hI~C....L..-t.be;? ~ (i) CO,-1 /Je- J I'''''' J . U '-v1
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWA Y BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
CONFLICT OF INTEREST QUESTIONNAIRE
CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.
FORM
OFFICE USE ONLY
Date Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the
person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1 Name of person doing business with local governmental entity.
2
o Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name each employee or contractor of the local governmental entity who makes recommendations to a local
government officer of the governmental entity with respect to expenditures of money AND describe the
affiliation or business relationship.
4 Name each local government officer who appoints or employs local government officers of the governmental
entity for which this questionnaire is filed AND describe the affiliation or business relationship.
Adopted 1110212005
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRE"TE PAVEMENT REPAIRS
FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE
Page 2
For vendor or other person doing business with local governmental entity
5 Name of local government officer with whom tiler has affiliation or business relationship. (Complete this
section only if the answer to A, B, or C is YES.
This section, item 5 including subparts A, S, C & D, must be completed for each officer with whom the filer has
affiliation or other relationship. Attach additional pages to this Form CIQ as necessary"
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire? 0 Yes 0 No
S. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
government officer named in this section AND the taxable income is not from the local governmental entity? 0
Yes 0 No
C. Is the filer of this questionnaire affiliated with a corporation or other business enti~ that the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more? U Yes 0 No
D. Describe each affiliation or business relationship.
6
Ii'I '2-'2,1"01
Date
Adopted 11/02/2005
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
BID NO. Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
THE.CITY.OF
COPPELL
*~
<5
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
REINFORCED CONCRETE PAVEMENT REPAIRS
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWA Y BOULEVARD' COPPELL, TEXAS 75019
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
City 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 PROCON PAVING AND CONSTRUCTION, (hereinafter referred to
as the "Contractor") for construction of _REINFORCED CONCRETE 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
I. I . I 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. I 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. I
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.
1.4
No PRIVITY WITH OTHERS
104.1 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.
1.5 INTENT AND INTERPRETATION
1.5. I 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 anyone 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 anyone 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.
1.504 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 . PURCHASINGDEPARTI\IENT. 255 PARKWAY BOULEVARD . COPl'ELL,TEXAS 75019
Page 28
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
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 Owner 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 Owner 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
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 II
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:
CONCRETE STREET & ALLEY REPAIRS
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
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
Page 29
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
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.
ARTICLE III
CONTRACT TIME
3.1 TIME AND LIQUIDATED DAMAGES
3.1.1 The Contractor shall commence the
Work within 10 days of receipt ofa written Notice to
Proceed, and shall achieve Substantial Completion of
the Work no later than September 30, 2009. 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".
3.1.2 When the Owner reasonably 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 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 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.
3.1.4 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.
3.3 TIME IS OF THE ESSENCE
3.3. I All limitations of time set forth in the
Contract Documents are of the essence of this
Contract.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
Page 30
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
ARTICLE IV
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 Unit Pricing
as established in the Bid Summary times the Quantity
measured in the field. For fiscal year (FY) 08/09 the
City has allotted up to $300,000.00 for this contract.
In the event the Contractor is unable to complete the
Entire List within this budgeted amount, the list will
be truncated, and the maximum payment under this
Contract will be $318,959.95.
The total price is a variable amount based on
available funding and may be higher or lower in
renewal years (if applicable).
The Unit Price 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 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 Owner 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 Owner.
5.2 PAYMENT PROCEDURE
5.2.1 The Owner shall pay the Contract Price
to the Contractor as provided below.
5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
the Owner, the Owner shall make progress payments
to the Contractor on account of the Contract Price.
5.2.3 On or before the 10th day of each
month after commencement of the Work, the
Contractor shall submit an Application for Payment
for the previous month in such form and manner, and
with such supporting data and content, as the Owner
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, 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 Owner's Representative
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
Owner's Representative 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 receipt and
approval of each Application for Payment. The
amount of each partial payment shall be the amount
certified for payment by the Owner's Representative
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 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 herein below.
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 any
other person or entity whatsoever.
CITY OF corrELL. PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
Page 31
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
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;
(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 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 Owner's Representative a list of items
to be completed or corrected, 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. Upon Substantial
Completion of the Work, 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 three hundred
percent (300%) of the reasonable cost as determined
by the Owner 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 thereof in
writing. Thereupon, the Owner's Representative will
make final inspection of the Work and certify to the
Owner that the Project is complete and the Contractor
is entitled to the remainder of the unpaid Contract
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
Page 32
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
Price, less any amount withheld pursuant to this
Contract. If the Owner's Representative 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 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
Owner 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 might 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 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 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 INFOR.MATION, 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
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
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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
immediately obey such order.
6.3 OWNER'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. 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.
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 Owner, 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.
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
7.6. I The Contractor shall employ and
maintain at the Project site only competent
supervisory personnel. Absent written instruction
from 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 Owner's
Representative.
7.6.2 Key supervisory personnel assigned by the
Contractor to this Project are as follows:
NAME
FUNCTION
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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 Owner's Representative 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 Owner's
Representative. Failure by the Contractor to strictly
comply with the 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, 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 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
however, approval shall not be evidence that Work
installed pursuant thereto conforms with the
requirements of this Contract.
7.10 CLEANING THE SITE
AND THE PROJECT
7.1 0.1 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 Commission on Environmental
Quality 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.
7.11 ACCESS TO WORK AND INSPECTIONS
7.11.1 The Owner and the Owner's
Representative 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 Owner's
Representative, 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 at the rate of
$54 per hour. 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
A TTORNEY'S FEES FOR INJURY OR DEATH TO
ANY PERSON, OR INJURY OR LOSS TO ANY
PROPERTY, RECEIVED OR SUSTAINED BY
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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
UNDER TEXAS LAW AND WITHOUT WAIVING
ANY DEFENSES OF THE PARTIES UNDER
TEXAS LAW. THE PROVISIONS OF THIS
INDEMNI-FICA TION ARE SOLELY FOR THE
BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREA TE 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 OWNER 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 discriminate 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
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
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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 Owner during the progress of the Work.
7.16
WARNING DEVICES AND BARRICADES
7.16. I 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 Owner 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-way, 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. 17.1 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 Owner's
Representative 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 OWNER'S REPRESENTATIVE
8.1.1 When used in this Contract the term
"Owner's Representative" 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,
Construction Inspector or Contract Administrator
(who may not be an architect or engineer) for the
Owner, said person to be designated or re-designated
by the Owner prior to or at any time during the Work
hereunder. The Owner's Representative may be an
employee of the Owner or may be retained by the
Owner as an independent contractor but, in either
event, the Owner's Representative's duties and
authority shall be as set forth hereinafter. The
Contractor understands and agrees that it shall abide
by the decisions and instructions of the Owner's
Representative notwithstanding the contractual
relationship between the Owner and Owner's
Representative. All of the Owner's instructions to the
Contractor shall be through the Owner's
Representative.
8.2 CONTRACT ADMINSTRA TION
8.2. I The Owner's Representative, unless
otherwise directed by the Owner in writing, will
perform those duties and discharge those
responsibilities as set forth in this Contract and 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 Owner's Representative.
8.2.3 The Owner's Representative shall be
the initial interpreter of the requirements of the
drawings and specifications and the judge of the
performance thereunder by the Contractor. The
Owner's Representative shall render written or
graphic interpretations necessary for the proper
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execution or progress of the Work with reasonable
promptness on request of the Contractor.
8.2.4 The Owner's Representative 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 Owner's Representative shall have
authority to reject Work which is defective or does
not conform to the requirements of this Contract. If
the Owner deems it necessary or advisable, the
Owner's Representative shall have authority to
require additional inspection or testing of the Work
for compliance with Contract requirements.
8.2.6 The Owner's Representative 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 Owner's Representative will
prepare Change Orders and may authorize minor
changes in the Work by Field Order as provided
elsewhere herein.
8.2.8 The Owner's Representative 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 Owner's Representative'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. I The Owner's Representative shall
determine all matters in dispute 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 Owner's
Representative 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
decision within a reasonable time thereafter. The
Owner's Representative decisions shall be final and
binding. In the event that Contractor objects to the
determination as to any submitted dispute, Contractor
shall submit a written objection to the Owner within
ten (I 0) days of receipt of the Owner's
Representative's 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 CLAIMS FOR CONCEALED, LATENT OR
UNKNOWN CONDITIONS - 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
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's
Representative 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 unknown
condition and the Contractor thereby assumes all
risks and additional costs associated therewith.
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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 Owner's Representative 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. I 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
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, for such reasonable time as
the Owner 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 Owner's Representative 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 Owner's Representative 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 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 (I)
year after the Owner'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 Owner 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
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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 All 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,
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 MINOR CHANGES
10.3.1 The Owner's Representative shall have
authority 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 minor 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.
10.4 EFFECT OF EXECUTED
CHANGE ORDER
10A.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
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
within or affected by the executed Change Order.
10.5 NOTICE TO SURETY; CONSENT
10.5.1 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 Owner's Representative's request or to any
provisions of this Contract, it shall, if required by the
Owner's Representative or the Owner, be uncovered
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for 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 Owner's
Representative or the Owner, be uncovered for
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
I 1.2.1 The Contractor shall immediately
proceed to correct Work rejected by the Owner's
Representative 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 expenses made necessary thereby.
11.2.2 If within one (I) 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
11.3 .1 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 manner as to include defective
or nonconforming Work. (fthe remaining portion of
the unpaid Contract Price, if any, is insufficient to
compensate the Owner for its acceptance of defective
or nonconforming Work, the Contractor shall, upon
written demand from the Owner, pay the Owner such
remaining compensation for accepting defective or
nonconforming Work.
ARTICLE XU
CONTRACT TERMINATION
12.1 TERMINATION BYTHE CONTRACTOR
12.1.1 If the Work is stopped for a period of
ninety (90) days by an order of any court or other
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, 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 ~r
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 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
TERMINA TION 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
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REINFORCED CONCRETE PAVEMENT REPAIRS
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.
12.2.1.4 (a) The Contractor shall submit a
termination claim to the Owner
specifYing the amounts due because
of the termination for convenience
together with costs, pricing or other
data required. If the Contractor fails
to file a termination claim within one
(I) year from the effective date of
termination, 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
overhead 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
12.2.2.1 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 Owner's Representative,
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,
such difference shall be paid by the Contractor to the
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
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BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
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.
ARTICLE XIII
INSURANCE
13.]
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, which may be encountered in the performance
of this contract in the amounts as shown below in
Paragraph 13.2.1.
13.1.2 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.
]3.2 TYPES AND AMOUNTS OF
CONTRACTOR'S INSURANCE
13.2. I.
maintain
Worker's
Liability
follows:
The Contractor shall furnish and
during the life of the contract adeqtlate
Compensation and Commercial General
(Public) Insurance in such amounts as
Tvpe 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.
Owner's Protective
Liability Insurance
$600,000 per occurrence
$1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence
w/drop down 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.
]3.3 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.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
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REINFORCED CONCRETE PAVEMENT REPAIRS
13.6 CERTlFICA TE OF INSURANCE
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 ofCoppell,
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.
13.7 PRIMARY COVERAGE
The coverage provided herein shall be primary and
noncontributory with any other insurance maintained
by the City of Coppell, Texas, for its benefit,
including self insurance.
13.8 WORKER'S COMPENSATION
INSURANCE COVERAGE
13.8.1 The Contractor shall:
(I) provide coverage for its employees
providing services on a project, for the
duration of the project based on proper
reporting of classification codes and
payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing
workers' compensation coverage to the
governmental entity prior to beginning
work on the project;
(3) provide the governmental entity prior to
the end of the coverage period, a new
certificate of coverage showing extension
of coverage, if the coverage period shown
on the contractor's current certificate of
coverage ends during the duration of the
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 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;
(5) retain all required certificates of coverage
on file for the duration of the project and
for one year thereafter;
(6) notify the governmental entity in writing
by certified mail or personal delivery,
within 10 days after the contractor knew
or should have known, of any change that
materially affects the provision of
coverage of any person providing services
on the project;
(7) post a notice on each project site
informing all persons providing services
on the project that they are required to be
covered, and stating how a person may
verify current coverage and report failure
to provide coverage. This notice does not
satisfy other posting requirements
imposed by the Act or other commission
rules. This notice must be printed with a
title in at least 30 point bold type and text
in at least 19 point normal type, and shall
be in both English and Spanish and any
other language common to the worker
population. The text for the notices shall
be the following text provided by the
Texas Workforce Commission on the
sample notice, without any additional
words or changes:
REQUIRED WORKERS' COMPENSA nON
COVERAGE
"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 Workforce Commission at 800-832-
2829 to receive information on the legal requirement
for coverage, to verify whether your employer has
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
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BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
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
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:
(i)
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
wntmg 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
(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 GOVERNING 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.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
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BID Q-0409-0 1
REINFORCED CONCRETE PAVEMENT REPAIRS
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.
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 SEVERABILITY
14.5.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not be included herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to
any nonperformance or nonconforming work or to
enforce any prOVISIOn hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
Contract, nor shall such failure to object or enforce
estop the Owner from insisting on strict compliance
with this Contract or from recovering damages, costs
or expenses arising as a result of such
nonperformance or nonconforming work.
14.7 NOTICES
14.7.1 All notices required by this Contract
shall be presumed received when deposited in the
mail properly addressed to the other party at the
address set forth herein or set forth in a written
designation of change of address delivered to all
parties.
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD' COPPELL. TEXAS 75019
Page 46
,
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
J
EXECUTED in single or multiple originals, this~ day of vVVl~ ,2009.
CITY OF COPPELL
CONTRACTOR:
APPROVED:
CitYM~ ~4-
,4:::re:: D . ic.. \\.ALA F W'1esr ~ \'
(Type/Print Name and Title)
(O'?h' I' ~ ,',. k ko,W\ ~O.
(Street Address)
ATTEST:
c;X~'cJ.Jd~L
City ecretary
\)", \\...s --lx. -1'52.2-0
(City/State/Zip)
CITY OF COPPELL . PURCHASING DEPARTMENT' 255 PARKWA Y BOULEVARD. COPPELL, TEXAS 75019
Page 47
BID Q-0409-01
REINFORCED CONCRETE PAVEMENT REPAIRS
CORPORA TE ACKNOWLEDGMENT
THE STATE OF Te'lc.CII..s
COUNTY OF J::)...' k~
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared:
M~eJ. A. kh'\r..C P(e.~:cle.n\-
Proc n '?.....: i \J (Print Name) (Print Title)
of (o^~~d.;~') ,.nt... , 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
, A.D., 2009.
::b::.. , ,~S
My Commission expires: .s- -30 -:;a.ol3
CITY MANAGER'S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared the undersigned, , City Manager of the City of Coppell,
Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a municipal
corporation, that he/she was duly authorized to perform the same by appropriate resolution of the City Council of the
City of Coppell and that he/she executed the same as the act of the said City for purpose and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
,A.D.,
2009.
Notary Public in and for the State of Texas
My Commission expires:
CITY OF COPPELL . PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL, TEXAS 75019
Page 48
A CORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDNYYY)
5/22/2009
L~RODUCER (817)329-7007 FAX: (817) 329-7011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
.uthwest Assurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
c1 member of K&S Group, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1000 S. Main, Suite 240
Grapevine TX 76051 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Companion Property & Cas.
Procon Paving & Construction, Inc. INSURER B: Travelers Insurance Co.
10361 Bickham Rd INSURER C: RLI Indemnity Company
INSURER 0: Texas Mutual Insurance
Dallas TX 75220 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L TYPE OF INSURANCE POLICY NUMBER p~.k+~~~~~~g~:= Pg~lfJr~~~~N LIMITS
LTR INSRD
A GENERAL LIABILITY DJGL091578 3/16/2009 3/16/2010 EACH OCCURRENCE $ 1,000,000
i-- ~~~~~H9E~~~J';~ence\
3MMERCIAL GENERAL LIABILITY $ 100,000
I-- CLAIMS MADE D OCCUR
MED EXP (Anv one oerson) $ 5,000
i--
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
II rxl PRO- n
POLICY X JECT LOC
B AUTOMOBILE LIABILITY BA-2939N963 3/16/2009 3/16/2010 COMBINED SINGLE LIMIT 1,000,000
I-- (Ea accident) $
i-- ANY AUTO
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
- (Per accident) $
- NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
C EXCESS/UMBRELLA LIABILITY EXL0300158 3/16/2009 3/16/2010 EACH $ 1,000,000
::::J OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
D WORKERS COMPENSATION AND TSFOOO1199123 03/17/2009 3/17/2010 I T"X~~T ~:mi; I 10J~-
EMPLOYERS' LIABILITY 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes. describe under 1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Reinforced Concrete Pavement Repairs; Certificate holder is named as additional insured with a wavier of
subrogation in regard to the general liability policy as required by written contract. *Cance11ation clause is
amended to include "except 10 days notice for non-payment of premium"
CERTIFICATE HOLDER
CANCELLATION
L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Coppell EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Division of Purchasing 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
255 Parkway Blvd. -
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
Coppell, TX 75019
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~ 6-2:5- p
Steven
ACORD 25 (2001/08)
INS025 (0108).08a
@ ACORD CORPORATION 1988
Page 1 of2
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
512-732-0099
TEXAS STATUTORY PAYMENT BOND
(Public Works)
Bond No.:4370965
KNOW ALL MEN BY THESE PRESENTS:
THAT, Procon Pavinq and Construction (hereinafter called the Principal), as principal, and SureTec
Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to
do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are
held and firmly bound unto City of Coppell, Texas (hereinafter called the Obligee), in the amount of Three
Hundred Eiqhteen Thousand Nine Hundred Fifty-Nine and 95/100 Dollars ( $318,959.95 ) 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 27th day of
May, 2009 for Reinforced Concrete Pavement Repairs, which contract is hereinafter referred to as the
"Contract."
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
provision, 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
27th day of May, 2009.
Principal: Procon Pavinq and Construction
By:
Surety: SureTec Insurance Company
The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information
Rev. 1-1-06
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
512-732-0099
TEXAS STATUTORY PERFORMANCE BOND
Bond NO.:4370965
KNOW ALL MEN BY THESE PRESENTS:
THAT, Procon Pavinq and Construction (hereinafter called the Principal, and SureTec Insurance
Company, a corporation organized and existing under the laws of the State of Texas, licensed to do
business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are
held and firmly bound unto City of Coppell, Texas (hereinafter called the Obligee), in the amount of Three
Hundred Eiqhteen Thousand Nine Hundred Fifty Nine and 95/100 Dollars ( $318.959.95 ) 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 27th day of
May, 2009 for Reinforced Concrete Pavement Repairs, which contract is hereinafter referred to as the
"Contract."
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work required by the 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
provision, 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
27th day of May, 2009.
Principal: Procon Pavinq and Construction
By:
Surety:
SureTec Insurance Company
By:
Steven J. Zineck
The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information
Rev. 1-1-06
POA #: 4221049
SureTec Insurance Company
LIMITED PO\VER OF ATTORNEY
Know All Mell by These Presellts, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Charles K. Miller, Shannon L. Lewis, Steven J. Zinecker
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its namc, place and stcad, to cxecutc, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/IOO ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31110 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be il Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any AssIstant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, te execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or temlinating the Company's liability thereunder, and any such instru..rnents so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Co;-porate Secretary.
Be it Resolved. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to !lny power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or tacsimiJe seal shall be valid
and binding upon the Company with respect to any bond or undenaking to which it is attached. (.4dopted at a meeti,1g held 011 2rt' of April.
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its Presidcl1t, and its corporate seal
to be,hereto affixed this 28th day of October, A.D. 2008.
State ofTex,ls
County of Harris
ss:
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On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that hc resides
in Houston, Texas, that he is President ofSURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;
that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of
Directors of said Company; and that he signed his name thereto by like order.
W~CtleUt k?eh\11L,---
Michelle Denny, NotaryP~blic
My commission expires August 27, 2012
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoir,g i'; a true and correct copy
of a Power of Attornc:y, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of AtIomey are in full torce and effect.
e",~ Michelle Denny
. . Notary P\ltlllc
State of Texas
C> !lcplrw hIguat 21. 21>>2
Given under my hand and the seal of said Company at Houston, Texas this 27th
'2~\,~09 ,~.D.
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M. Brent Beaty, Assis ant Secretary ,
Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812..{)BOO any business day between 8:00 am and 5:00 ~D CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to
make a complaint at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses
caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for,
molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or
parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or
cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded
obligations, of the occurrence, existence, or appearance thereof.
Rev. 1-1-06