Denton Tap Road Intersection Improvements/Rebcon-CN 2021-02-04City of Coppell Public Works Department
Routing Sheet for Approval of Contracts and Agreements
Vendor Name: Rebcon, Inc Date: 1/26/2021
Contracted Work/Project: Denton Tap Road Intersection Improvements
Explanation: Budget approved from 2020 Bond proceeds, roadway impact fees and Dallas County reimburseffl
0✓ 0 577 0
Council Approved: Yes / No If yes, Date: 1/12/2021 Budget Approved: Yes / No
Ethics Certificate Required: Yes / No If Yes, Copy is Attached: Yes / No
® New Vendor ® Existing Vendor ® Renewing Contract
Routing Sequence: Initials Date
1. Employee initiating contract/agreement: Kumar Gali KG 1/26
(Include W-9 & CIQ form if vendor is not in system.)
2. Supervisor Authorization:
3. Purchasing Manager/Technician:
(Signature needed only if vendor is new to system or contract has been changed since last time used)
4. Director of Public Works Authorization: Kent Collins /Oet ?-1-21
5. Deputy City Manager Authorization:
Comments:
6. City Manager:
Comments:
Traci Leach/Vicki Chiavetta - "2(
Mike Land & L -1Z-/
7. Originals back to Administrative Manager: Kyra Jansen
8. Copy of contract/agreement to Jennifer Miller: DYES / NO=
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 12th day of Januaryin the
year 2021 by and between the CITY OF COPPELL, TEXAS, a municipal corporation
(hereinafter called OWNER) and Rebcon, Inc. (hereinafter
called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
This work shall consist of the construction of approximately 4,700 square
yards of full -depth pavement for right and left turns lanes, traffic signal
improvements, storm sewer inlet relocation, and 1,200 square yards of
sidewalk construction at the Denton Tap Road intersections of
Southwestern Boulevard, Bethel School Road, Sandy Lake Road, and
Parkway Boulevard. Additionally, this work also includes the
improvements to vehicle detection systems at various intersections
throughout the City (27 intersections).
The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Construction of:
Denton Tap Road Intersection Improvements
PROJECT NO. ST -19-01
Bid No. Q-1121-02
Article 2. ENGINEER.
The Project has been designed by Kimley-Horn and Associates, Inc. Contract
administration will be provided by the City of Coppell Engineering Department who is
hereinafter called ENGINEER and who is to act as OWNER's representative, assume all
duties and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
2-1 Contract Documents
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 390 calendar days. The Contract
time commences to run as provided in Item 103.2 of the General Provisions, and
the' work shall be completed and ready for final payment in accordance with Item
109.5 of the General Provisions.
3.2. Liquidated Damages. This project is to be completed in the contract time
specified. The time of completion is of the essence of this contract. As stated in
Item 20 of the Instructions to Bidders a liquidated damages procedure shall be
incorporated into the contract based upon the provisions as set forth in Item 20 of
the Instructions to Bidders, Section 1 of these contract documents.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents in current funds subject to additions and deductions
by Change Orders as provided in the contract documents in accordance with the
unit prices listed in the Proposal and Bid Schedule, Section 1 of these contract
documents.
The total contract sum shall be the amount of:
The total tangible personal property cost
included in the contract sum is:
Article 5. PAYMENT PROCEDURES.
$ 2,770,148.70
R
CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of
the General Provisions. Applications for Payment will be processed by ENGINEER as
provided in the General Provisions.
5.1. Progress Payments. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Applications for Payment as
recommended by ENGINEER, each month during construction as provided below.
All progress payments will be on the basis of the progress of the Work measured by
the schedule of values established in Item 109.5 of the General Provisions (and in
the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Provisions.
5.1.1. Prior to Completion, progress payments will be made in an amount equal to
the percentage indicated in Item 109.5.2 of the General Provisions, but, in each
case, less the aggregate of payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with Item
109.4 of the General Provisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in
accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the
2-2 Contract Documents
remainder of the Contract Price as recommended by ENGINEER as provided in
said Item 109.5.4.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in Item 102.3 of the General Provisions,
and accepts the determination set forth in Item SC -105.1.3 of the Supplementary
Conditions of the extent of the technical data contained in such reports and
drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports, and studies (in addition to or to supplement those
referred to in paragraph 7.1 above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the cost, progress,
performance, or furnishing of the Work as CONTRACTOR considers necessary for
the performance or furnishing of the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Item 102.3 of the General
Provisions; and no additional examinations, investigations, explorations, tests,
reports, studies, or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes all responsibility for the accurate
location of said Underground Facilities. No additional examinations, investigations,
explorations, tests, reports, studies, or similar information or data in respect of said
Underground Facilities are or will be required by CONTRACTOR in order to
perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General
Provisions.
7.4. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports, and studies with the terms
and conditions of the Contract Documents.
2-3 Contract Documents
7:5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 this Construction Agreement;
8.2 properly authorized change orders;
8.3 any listed and numbered addenda;
8.4 Supplementary Conditions;
8.5 Drawings (Construction Plans) entitled: "Construction of: Denton Tap Road
Intersection Improvements PROJECT NO. ST -19-01 Bid No. Q-1121-02.";
8.6 Specifications bearing the title: "Construction Specifications and Contract
Documents for the "Construction of. Denton Tap Road Intersection
Improvements PROJECT NO. ST -19-01 Bid No. Q-1121-02.";
8.7 Description of Pay Items
8.8 Specific Project Requirements;
8.9 the OWNER's Standard Construction Details;
8.9 the October 2004 Edition of the Public Works Construction Standards - North
Central Texas as amended and published by the North Central Texas
Council of Governments, as amended by the Owner (collectively, the
"NCTCOG Specifications ");
8.10 the OWNER's written notice to proceed to the CONTRACTOR;
8.11 the Contractor's Bid Proposal;
8.12 the Performance, Payment, and Maintenance Bonds; and,
8.13 any other bid materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction
Agreement as if set out here in their entirety. The Contract Documents are
intended to be complementary; what is called for by one document shall be as
binding as if called for by all Contract Documents. It is specifically provided,
however, that in the event of any inconsistency in the Contract Documents, an RFI
shall be submitted for clarification.
2-4 Contract Documents
J
The Contract Documents may only be amended, modified, or supplemented as
provided in Items 104.2 and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101 of the General
Provisions will have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release
or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assignors and legal representatives to the other party hereto, its partners,
successors, assignors and legal representatives in respect of all covenants,
agreements and obligations contained in the Contract Documents,
2-5 Contract Documents
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on January 12 , 2021.
OWNER: City of Coppell CONTRACTOR:
255 E. Parkway Boulevard
C pelt, X 75019
BY: BY:
TITLE: <f TITLE: Presid nt
ATTEST ATTEST:
Address for giving notices:
P.O. Box 9478
Coppell, Texas 75019
Attn: Kent Collins, P. E., CFM
Dir. of Public Works
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
Address forgiving notices:
1868 W. Northwest Highway, Dallas, TX 75220
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
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Contract Documents
v
WRITTEN CONSENT FOR MEETING OF THE
DIRECTORS AND STOCKHOLDERS OF
REBCON, INC.
The undersigned, being all the Directors and all the Stockholders of the above-named company, pursuant
to the Bylaws of the company, do hereby adopt in writing the following action, which will have the same
force and effect as if adopted at a meeting called for this purpose:
RESOLVED, that the Board of Directors of Rebcon, Inc. hereby authorize the following
Officers of Rebcon, Inc. to execute documents on the behalf of Rebcon, Inc.:
Robert C. Bibby
President
G.S. Krieg
Vice -President
Mark Gaines
Vice-President/Secretary
Daniel Krieg
Vice -President
As an attestation of the action of the foregoing and as evidence of consent to all written statements herein,
the undersigned, being all of the Directors and all of the Stockholders of the company, subscribe their
names hereto.
Dated as of June 25, 2015
k
G.S. Krieg - irecto and Stoc older
Robert C. Bibby - Directv and Stockholder