ST9905-CS110512 T H E •C 1 T Y •0 F
COPPELL
s 1 8
May 12, 2011
Robert Caudill VIA CERTIFIED MAIL
Tiseo Paving Company
PO Box 270040
Dallas TX 75227
RE: Bethel Rd. Project #ST 99 -05
Repairs Needed Under Maintenance Period
Dear Mr. Caudill:
As stated in the July 1, 2010, September 21, 2010 and April 6, 2011 letters sent to your attention,
another periodic follow -up inspection has revealed additional problems that should be corrected as
soon as possible so that further deterioration can be prevented.
Numerous small curb and gutter failures have occurred and are occurring in various areas. I have
marked the areas that need attention with white paint. Also as mentioned in previous letters, joint
sealant is either missing or is coming up out of previously repaired areas. Many of the areas that
were recently repaired were not sealed at all.
Because you have been notified several times prior to the maintenance bond expiration date (June
1, 2011), and because you have not repaired the additional areas under the terms of the Maintenance
Bond, this letter along with all pertinent correspondence relating to the issue is being supplied to
your surety agency and your insurer. The bond will be utilized to make the necessary repairs as
allowed under contract provisions.
Sincerely, eu l� ✓��
Rick O'Dell
Construction Inspector
Office Phone: (972) 304 -7090
Fax: (972) 304 -3570
cc: Ken Griffin, P.E., Director of Engineering & Public Works
Keith Marvin, P.E., Project Engineer
Glenn Hollowell, P.E., Asst. Director of Public Works
Valenti Trobec Chandler, Inc. (enclosures)
Hartford Fire Insurance Company (enclosures)
A FAMILY COMMUNITY FOR A LIFETIME
255 PARKWAY * P.O. BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX.GOV
T 14 E • C 1 T Y • 0 F
COFFELL
m� r.'4 ma y,
July 1, 2010 VIA CERTIFIED MAIL,
Robert Caudill
Tiseo Paving Company
PO Box 270040
Dallas TX 75227
RE: Bethel Rd. Project #ST 99 -05
Repairs Needed Linder Maintenance Period
Dear Mr. Caudill:
The two -year term on the above referenced maintenance bond began on June 1 2009, which was
the date of final acceptance of the project.
A periodic follow -up inspection of the facilities has revealed problems that should be corrected as
soon as possible so that further deterioration can be prevented. My site observations revealed that
between 20 and 30 linear feet of curb has failed west of Royal Lane. in addition, the expansion
joint sealer is coming out of the pavement along the entire project limits.
Please contact me at the number below at your earliest convenience to let me know when your
crews will he onsite to do the repairs.
S erely,
.r
R
/i/ /4
ick O'Dell
Construction Inspector
Office Phone: (972) 304 -7090
Fax: (972) 304 -3570
cc: Ken Griffin, P.FF., Director of Engineering & Public Works
Keith Marvin, P.E., Project Engineer
Glenn Hollowell, Hi., Asst. Director of Public Works
255. PARKWAY * P 0 . 80X 0470 * COPPEL..1 TX '/ 5019 * ' EL 972'062 0022 * FAX 972/304 3673
THE•C1TY.OF
COPPELL
' A _
4. "1
6 1 ik
September 21, 2010
Robert Caudill VIA CERTIFIED MAIL
Tiseo Paving Company
PO Box 270040
Dallas TX 75227
RE: Bethel Rd. Project #ST 99-05
Repairs Needed t inder Maintenance Period — SECOND NOTICE
1)ear Mr. Caudill:
The two-year term on the above referenced maintenance bond began on June 1, 2009, which was
the date of final acceptance of the project.
As stated in the July 1. 2010 letter I sent via certified mail to your attention, a periodic follow-up
inspection revealed problems that should be corrected as soon as possible so that further
deterioration can he prevented. In addition to the curb failures west of Royal Lane, more failures
have occurred and are occurring to the extent that concrete curbing material is falling into lanes of
traffic, causing a safety issue for motorists. Also as mentioned in the previous letter, expansion
joint sealer is corning up out of the pavement along the entire project limits.
Contact me at the number below at your earliest convenience to give me a date certain when your
crews will be onsite to do the repairs. If another letter on this issue is necessary, it will be copied to
your surety bond company.
Si - re!
. , / ,,,,
S)
i - ,i, l, -----
Rick O'Dell
Construction Inspector
Office Phone: (972) 304-7090
Fax: (972) 304-3570
cc: Ken Griffin, P.E., Director of Engineering & Public Works
Keith Marvin, P.E., Project Engineer
Glenn Hollowell, P.F., Asst. Director of Public Works
A 1-AM1LY CONINIONiTY FOR A Lit-LIIME
255 PARKWAY * P.O. BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW COPPELLTX.GOV
THE•CITY OF
COPPELL
*
6 1
MEMORANDUM
TO: Rick O'Dell, Construction Inspector
FROM: Rhonda Adloo, Administrative Technician DATE: April 1, 2011
REF: Maintenance Bond Expiration Notice
The following Maintenance Bond will expire on date indicated:
Project: Date:
ST 99-05 Bethel Rd 1 (W City Limit to Freeport Pkwy) 6/1/11
Please re-inspect the above-mentioned project(s) to see if the public improvements remain in
satisfactory condition. If there are outstanding maintenance issues, please allow sufficient time to
notify contractor of deficiencies before the bond expires.
1
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THE•CITY.OF
COPPELL
6
April 6, 2011
Robert Caudill VIA CERTIFIED MAIL
Tiseo Paving Company
PO Box 270040
Dallas TX 75227
RE: Bethel Rd. Project #ST 99-05
Repairs Needed Under Maintenance Period
Dear Mr, Caudill:
As stated in the July 1, 2010 and September 21, 201 0 letters I sent to your attention, another
periodic follow-up inspection has revealed additional problems that should he corrected as soon as
possible so that further deterioration can be prevented.
Numerous small curb and gutter failures have occurred and are occurring in various areas. I have
marked the areas that need attention with white paint. Also as mentioned in previous letters, joint
sealant is either missing or is coming up out of previously repaired areas. Many of the areas that
were recently repaired were not sealed at all.
These items must he taken care of prior to the June 1. 2011 date of maintenance bond expiration.
Contact me at the number below at your earliest convenience to give me a date certain when your
crews will be onsitc to do the repairs.
Sincerely,
" 040
tick O'Dell
Construction Inspector
Office Phone: (972) 304-7090
Fax: (972) 304-3570
cc: Ken Griffin, P.E., Director of Engineering & Public Works
Keith Marvin, P.E., Project Engineer
Glenn Hollowell, P.E., Asst. Director of Public Works
A roR A IF 4,,ir
255 PARKWAY * P0. BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX GOY
MAINTENANCE BOND
Bond # 35BCSDZ3249
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS: THAT Tiseo Paving Company
P.O. Box 270040, Dallas, TX. 75227 - 0040 as Principal,
and Hartford Fire Insurance Company , a corporation organized under
the laws of Connecticut , as sureties, do
hereby expressly acknowledge themselves to be held and bound to pay unto the
City of Coppell , a Municipal Corporation, Texas, the sum of
Seven Million Two Hundred Ninety - Three Thousand Six Hundred Fifty - Nine Dollars and
No Cents ($ 7,293,659.00 ) , for the payment of which sum
will and truly be made unto said City , and its successors, said principal
and sureties do hereby bind themselves, their assigns and successors jointly and severally.
THIS obligation is conditioned; however, that whereas, the said
Principal
has this day entered into a written contract with the said City
to build and construct Bethel Road I Project — # ST 99 -05, which contract and the plans and
specifications therein mentioned, adopted by the City are hereby
expressly made a part thereof as through the same were written and embodied herein.
WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor
will maintain and keep in good repair, the work herein contracted to be done and performed, for a
period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs
and/or reconstruction in whole or in part of said improvements that should be occasioned by
_. settlement of foundation, defective workmanship or materials furnished in the construction or any
part thereof or any of the accessories thereto constructed by the Contractor. It being understood that
the purpose of this section is to cover all defective conditions arising by reason of defective material
and charge the same against the said Contractor, and sureties on this obligation, and the said
Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said
contract for each day's failure on its' part to comply with the terms of said provisions of said
contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to
maintain said work and keep the same in repair for the said maintenance period of two (2) years, as
provided, then these presents shall be null and void, and have not further effect, but if default shall
be made by the said Contractor in the performance of its' contract to so maintain and repair said
work, then these presents shall have full force and effect, and said City
shall have and receive from the said Contractor and its' principal and sureties damages in the
premises, as provided; and it is further agreed that this obligation shall be a continuing one against
the principal and sureties, hereon, and that successive recoveries may be and had hereon for
successive branches until the full amount shall have been exhausted; and it is further understood
that the obligation herein to maintain said work shall continue throughout said maintenance period,
2 -14 Contract Documents
and the same shall not be changed, diminished or in any manner affected from any cause during
said time.
IN WITNESS WHEREOF, the said City of Coppell has
caused these presents to be executed by Tiseo Paving Company
and the said Hartford Fire Insurance Company has caused these presents to
be executed by its Attorney in fact and the said Attorney in fact Kathleen M. Irelan
has hereunto set his hand, the 19th day of October , 20 06 .
PRINCIPAL SURETY
Tiseo Paving Company Hartford Fire Insurance Company
By: /CCAni_O-v,
Title: A R fi H U it t 1 5 € O P R E S I D E N T Title: Kathleen M. Irelan, Attorney -In -Fact
WITNESS: ATT ST:
110 • .AntikitA �--
... NOTE: Date of Maintenance Bond must not be prior to date of Contract
2 -15 Contract Documents
Direct Inquiries /Claims to:
POWER OF ATTORNEY THE HARTFORD
BOND, T-4
P.O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888 - 266 -3488 or fax: 860 - 757 -5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 351225
L X I Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
X I Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
X ] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
1 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
1 Twin City Fire Insurance Company, a corporation duly organized under the laws oldie State of Indiana
1 Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint,
up to the amount of unlimited:
Robert Trobec, Kathleen M. Iretan, Ian J. Donald, Jeffrey A. Chandler
of
Troy, MI
their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
— nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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,Cj e( ' (2,1''. ( 9 ,,,,,/ 2 ' IA ,, fri t---
Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President
STATE OF CONNECTICUT
} ss. Hartford
COUNTY OF HARTFORD
— On this 4th day of August, 2004, before me personally came David T, Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seats; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
6.
Tar""' . ,6-�/
• .
Scott E. Paseka
Notary Public
CERTIFICATE My Commission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 19th, 2006
Signed and sealed at the City of Hartford.
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key 1 .i 1 1� �t.: � ; I l �fr7 i � a � L E �w � 9 ' 19 P.
6M-AT:- .-
Gary W. Stumper, Assistant Vice President
on flnne
_AC_O_R It' CERTIFICATE OF LIABILITY INSURANCE D/2IYY)
10/26/06
PRODUCER 1- 248 -828 -3377 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Valenti Trobec Chandler Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1175 west Long Lake Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Troy, MI 48098 INSURERS AFFORDING COVERAGE
Delano Valenti
INSURED INSURERA:National Union Fire Insurance Company
- Tiseo Paving Company, Inc. --
1 INSURER B: Zurich American Insurance Company
P.O. Box 270040 'INSURERC:St Paul Travelers Insurance Company
Dallas, TX 75227 INSURER D:
' INSURER E.
COVERAGES
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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMITS
LTR DATE IMM/DTVYYI DATE IMM/DANYI
B GENERAL LIABILITY GL09307348 11/01/06 I 11/01/07 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 300, 000
CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000
X Blanket AI PERSONAL 8 ADV INJURY $ 1,000,000
X Waiver of Subrogation GENERAL AGGREGATE $ 2,000,000
• GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000
7 POLICY X PRO- 7 LOC
JFr,T
B AUTOMOBILE LIABILITY TAP9307347 11/01/06 11/01/07
COMBINED SINGLE LIMIT $ 1,000,000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X 1 NON -OWNED AUTOS (Per accident) $
X Blanket AI End't PROPERTY DAMAGE
X Waiver of Subrogation (Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY
3205621 11/01/06 11/01/07 I EACH OCCURRENCE $ 10,000,000
X OCCUR CLAIMS MADE AGGREGATE $ 10, 000, 000
$
DEDUCTIBLE $
RETENTION $ 10,000 S
B WORKERS COMPENSATION AND WC9307349 11/01/06 11/01/07 X TORYI MITS OTH-
ER
EMPLOYERS' LLABILITY 1,000,000
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER
C Leased /Rented Equipment QT- 660 - 945X2322 11/01/06 11/01/07 Ded: $1,000 $ 250,000
$
DESCRIPTION OF OPERATI ONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Project: Bethel Road I Project (From City Limit Line to Freeport Parkway) Project *ST 99 -05
Certificate Holder is Named Additionally Insured
Waiver of Subrogation Applies
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Copp•11 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Dir of Engineering /Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Attn: Ken Griffis, Y.E. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
P.O. Box 9478
REPRESENTATIVES. ,�y� dielat
Coppell, TX 75019 AUTHORIZED REPRESENTATNE �r `� —
USA
ACORD 25-S (7/97) mtaylor 0 ACORD CORPORATION 1988
5111574