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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.) 2-6 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