ST9704TR-AG 990112AGENDA REQUEST FORM
CITY COUNCIL MEETING:
ITEM CAPTION:
January 12. 199~.~. ITEM
Consider approval of awarding Bid/Contract # Q-0898-01 to Durable Specialties, Inc. for the installation of a Traffic Signal at
the 2rid High School Access in the amount of $97,300; and authorizing the Mayor to sign.
(; iMpORTANT~iLsSSAG"
FOR
AREA CODE NUMBER ~ENSION
~ MOBILE AREA CODE NUMBER TIME~ CALL
~LEPHONED X P~E CALL '~.
VAL
APPROVED
BY
s,sNEo dda,
FINANCIAL COMMENTS:
Funds for this project have been allocated
DIR. INITIALS: ~
Agenda Request Form - Revised 3/98
FIN. REVIEW:
+/- BUD:$
in General Fund Designated Fund Balance.
CITY MANAGER REVIEW:
Document Name: #engl
AGENDA REQUEST FORM
CITY COUNCIL MEETING:
ITEM CAPTION:
January 12. 199~~'~
ST 97-of
ITEM#
Consider approval of awarding Bid/Contract # Q-0898-01 to Durable Specialties, Inc. for the installation of a Traffic Signal at
the 2nd High School Access in the amount of $97,300; and authorizing the Mayor to sign.
APPROVED
SUBMITTED BY: Ken Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF RECOMMENDS: APPROVAL
STAFF COMMENTS:
BY
See attached memo.
BUDGET AMT. $
FINANCIAL COMMENTS:
Funds for this project
AMT. EST. $ +/- BUD:$
have been allocated
in General
Fund Designated Fund Balance.
DIIL INITIALS:
Agenda Request Form - Revised 3/98
:~ ! I Tll
FIN. REVIEW:
CITY MANAGER REVIEW:
Document Name: #engl
To:
From:
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
Mayor and City Council
Ken Griffin, P.E., Director of Engineering and Public Works
Consider approval of awarding Bid/Contract #Q-0898-01 to Durable Specialties, Inc. for
the installation of a Traffic Signal at the 2'a High School Access in the amount of
$97,300; and authorizing the Mayor to sign.
Date: January 12, 1998
On August 31, 1998 three bids were received and opened for the installation of a traffic signal at the
intersection of the 2'd High School access with Denton Tap Road. The 2"d High School access is the
road that is immediately south of Sonic Drive-In and lines up with Town Center Blvd. The low bidder
was Durable Specialties, Inc. in the amount of $97,300. The City of Coppell had 90 days to award the
bid. However, with the low bidders consent, the City has delayed awarding the bid while we continued
to negotiate with the property owner, Glen Hinckley, to secure the necessary right-of-way. In my last
conversation with Mr. Hinckley's engineer, it appeared that most issues had been resolved. The
remaining issue revolves around the ability to actually develop the remaining property when the right-of-
way is provided for the roadway. Discussion of the acquisition of the right-of-way and the development
of the remainder of the property will be discussed during work session. If that issue can't be worked
out, then the City still has the option to acquire the necessary right-of-way through the process of
eminent domain. However, based on conversations with the property owner's engineer, I believe that
we will be able to negotiate the right-of-way in the very near future.
Staff recommends awarding the bid for the traffic signal installation to Durable Specialties, Inc. in the
amount of $97,300. Durable Specialties bid 225 calendar days for the project. Those calendar days will
expire in the summer of 1999. All things considered, it is anticipated that the traffic signal and the 2na
access will be open and operational by the beginning of school 1999.
Staff will be available to answer any questions at the council meeting.
"CITY OF COPPELL ENGINEERING - EXCELI ,I~-NCE BY DESIGN"
!
Item
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
BID TAB / TRAFFIC SIGNAL INSTALLATION FOR 2"a HIGH SCHOOL ACCESS (ST 97-04 TR)
Quantity
83
68
352
17
548
1524
548
0
525
258
732
4
8813
1450
6
1
0
26
30
2
2
2
0
0
43
11
2
8
8
1
10
1
1
144
18
2
2
0
400
2
3
4
4
2
4
1
2
1
1
Unit Description Durable Integrated Roadway
LF 1" PVC Conduit/Trenched 1.00 83.00 4.00 332.00
LF 2" PVC Conduit/Trenched 2.00 136.00 4.00 272.00
LF 3" PVC Conduit/Trenched 10.00 3520.00 7.00 2464.00
LF 3 Conductor #6 XHHW 1.00 17.00 1.10 18.70
LF Electric Conductor #8 XHHW 1.00 548.00 0.70 383.60
LF Solid Copper 12 Conductor #18 AWG 3.50 5334.00 2.00 3048.00
LF Signal Cable 16 Conductor #12 AWG 2.00 1096.00 2.20 1205.60
LF Signal Cable 7 Conductor # 12 AWG 0.60 0 0 0
LF Signal Cable 5 Conductor #16 AWG 0.60 315.00 0.60 315.00
LF Signal Cable 7 Conductor #16 AWG 1.00 258.00 0.60 154.80
LF Opticom Cable 3 Conductor #20 AWG 1.00 732.00 1.00 732.00
EA 3M Opticore Detector 750.00 3000.00 500.00 2000.00
LF Det. Lead-in Cable 2 Cond. #14 AWG 0.40 3525.20 0.80 7050.40
LF Loop Detector Install 4.20 6090.00 4.20 6090.00
EA Digital Loop Det. Veh. Det. 2 Channel 150.00 900.00 150.00 900.00
EA 820A Multi 8 Phase NEMA 13500.00 13500.00 14000.00 14000.00
LF Foundation Type 24-A 0 0 0 0
LF Foundation Type 30-B 120.00 3120.00 140.00 3640.00
LF Foundation Type 36-A 130.00 3900.00 155.00 4650.00
CY Controller Foundation 700.00 1400.00 700.00 1400.00
EA Signal Pole w/35' Mast Arm 3550.00 7100.00 3500.00 7000.00
EA Signal Pole w/44' Mast Arm 4450.00 8900.00 4200.00 8400.00
EA Pedestal Pole 0 0 0
EA 8' Arm w/Luminaire 250w HP 0 0 0 0
EA 12" Traffic Signal Head 140.00 6020.00 110.00 4730.00
EA Traffic Signal 3 Section Head Backplate 40.00 440.00 40.00 440.00
EA Traffic Signal 5 Section Head Backplate 98.50 197.00 50.00 100.00
EA Pedestrian Signal Assembly 2 400.00 3200.00 250.00 2000.00
EA PED Push Button 150.00 1200.00 120.00 960.00
EA Service Meter Installation 2000.00 2000.00 1500.00 1500.00
EA Type A Ground Pull Box 450.00 4500.00 390.00 3900.00
EA Type C Ground Pull Box 500.00 500.00 400.00 400.00
EA Intersection Display Board 600.00 600.00 600.00 600.00
LF Pavement Marking 24" Solid White Line 8.00 1152.00 22.00 3168.00
LF Pavement Marking 4" Dash White Line 2.00 36.00 4.00 72.00
EA Pavement Marking Right Arrow 160.00 320.00 300.00 600.00
EA Pavement Marking "Only" 220.00 440.00 440.00 880.00
EA Pavement Marking RT-LT Arrow 0 0 0 0
LF Pavement Marking 4" Solid White Line 1.60 640.00 4.00 1600.00
EA Traffic Sign RI0 - 12 200.40 400.80. 130.00 260.00
EA Traffic Sign W3 - 3 300.00 900.00 220.00 660.00
EA Traffic Sign RI0- 4BR 10.00 40.00 10.00 40.00
EA Traffic Sign R10- 4BL 10.00 40.00 10.00 40.00
EA Sign R3 - LR- R 200.00 400.00 150.00 300.00
EA Street Name Signs on Mast Arm 500.00 2000.00 400.00 1600.00
EA Sign R3 - 7R 200.00 200.00 160.00 160.00
LF Sign R10 - 6 300.00 600.00 160.00 320.00
EA Upload/Download Device 4500.00 4500.00 3000.00 3000.00
EA Relocate Power Pole 3500.00 3500.00 16000.00 16000.00
TOTALS $ 97,300.00 $107,386.10
SharrockElectric
4.53 375.00
4.93 335.24
5.58 1964.16
1.15 19.55
1.08 591.84
0.50 762.00
2.00 1096.00
0 0
1.25 656.25
1.35 348.30
1.43 1046.70
800.00 3200.00
1.00 8813.00
7.00 10150.00
233.00 1398.00
20000.00 20000.00
0 0
95.00 2470.00
95.00 2850.00
345.00 690.00
3843.00 7686.00
4200.00 8400.00
0 0
0 0
125.00 5375.00
45.00 495.00
25.00 50.00
185.00 1480.00
75.00 600.00
1500.00 1500.00
450.00 4500.00
450.00 450.00
500.00 500.00
15.00 2160.00
3.00 54.00
275.00 550.00
300.00 600.00
0 0
5.00 2000.00
175.00 350.00
175.00 525.00
175.00 700.00
175.00 700.00
175.00 350.00
400.00 1600.00
350.00 350.00
350.00 700.00
10000.00 10000.00
1000.00 1000.00
$109,442.09
C 3
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the /,3 ~ day of
1 '~
year 99Q by and between the CITY OF COPPELL, TEXAS,
(hereinafter called OWNER) and Durable Specialties, 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 installation of traffic signals at the 2"a High School Access
on Denton Tap Road, south of and adjacent to Sonic Drive-In. Work shall include all
components necessary for the "turn key" construction of the 2® High School Access as
shown in the plans for ST 97-04 TR, including but not limited to: mast arms,
signlas/signal heads; poles, controllers and cabinet, conduit, opticom, loop detectors,
pavement markings, pullboxes, etc.
The Project for which the Work under the Contract Docments may be the whole or only a part
is generally described as follows:
TRAFFIC SIGNAL INSTALLATION
High School Access on Denton Tap Road
ST 97-04 TR
Article 2. ENGINEER.
The Project has been designed by the City of Coppell Engineering Department. 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, assme 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.
1-31
Contract Documents
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 22~ calendar days from the date when the
Contract time commences to run as provided in Item 1.13 of the General Provisions, and
completed and ready for final payment in accordance with Item 1.51 of the General
Provisions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the time specified in paragraph 3.1 above, plns any extensions thereof
allowed in accordance with Item 1.36 of the General Provisions, They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration proceeding
the actual loss suffered by OWNER ff the Work is not completed on time. Accordingly,
instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER
One hundred sixty and no/100 dollars ($160.00) for each day that expires after the time
specified in paragraph 3.1 for Completion until the Work is complete.
Article 4. CONTRACT PRICE.
4.1. OWNER shah 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
Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of
$ 97,300.00. The total tangible personal property cost included in the contract sum is
$ 4S.000.00.
Article ~. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 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 1.51 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.
1-32
Contract Documents
5.1.1. Prior to Completion, progress payments will be made in an amount equal to the
percentage indicated in Item 1.51.2 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 1.52 of the General
Provisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance
with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said Item 1.51.4.
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 1.3 of the General Provisions, and accepts
the determination set forth in Item SC-1.20 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 conditi6ns 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 1.3 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 responsibility for the accurate location of said
Contract Documents
1-33
c
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 1.3,
1.20 and 1.21 of the Generai 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.
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. CONTRACTOR DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1. This Agreement (pages 1-31 thru 1-36, inclusive).
8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 2-1
thru 2-8).
8.7.
Specifications bearing the rifle: "Construction Specifications and Contract
Documents for Traffic Signal Installation 2"a High School Access on Denton Tap
Road Project ST 97-04 TR for the City of Coppert".
8.8. Drawings entitled: "ST 974)4 TR".
8.9. The following listed and numbered addenda:
Contract Documents
1-34
c'
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and
Contract Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12.
The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to Items 1.37 and 1.38 of the General Provisions.
8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this
Agreement (except as expressly noted otherwise above).
The Contract Documents may only be mended, modified, or supplemented as provided in Items
1.37 and 1.38 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 1.0 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 (expect 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, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
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.
Contract Documents
1-35
C' 3
This Agreement will be effective on
OWNER:
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
BY:
TITLE:
ATTEST:
Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Dir. of Engineering/Public Works
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
CONTRACTOR:
BY:
TITLE:
ATTEST:
,19
Durable Specialties, Inc.
P.O. Box 381788
Duncanville, TX 75116
Address for giving notices:
('If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
1-36
Contract Documents
Certificate of Insurance
After award of contract, Contractor will provide Owner With Certificate of Insurance which will
be executed and bound here with final documents.
1-37
Contract Documents
General Instructions For Bonds
The surety on each bond must be a responsible surety company which is qualified to do
business in Texas and satisfactory to the Owner.
The name, and residence of each individual party to the bond shall be inserted in the body
thereof, and each such party shall sign the bond with his usual signature on the line
opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an
adhesive seal shall be affixed opposite the signature.
If the principals are partners, their individual names will appear in the body of the bond,
with the recital that they are partners composing a firm, naming it, and all the members o,f
the firm shall execute the bond as individuals.
The signature of a witness shall appear in the appropriate place, attesting the signature of
each individual party to the bond.
If the principal or surety is a corporation, the name of the State in which incorporated
shall be inserted in the appropriate place in the body of the bond, and said instrument
shall be executed and attested under the corporate seal, the fact shall be stated, in which
case a scroll or adhesive seal shall appear following the corporate name.
The official character and authority of the person or persons executing the bond for the
principal, if a corporation, shall be certified by the secretary or assistant secretary
according to the form attached hereto. In lieu of such certificate, records of the
corporation as will show the official character and authority of the officer signing, duly
certified by the secretary or assistant secretary, under the corporate seal, to be tree
copies.
The date of this bond must not be prior to the date of the contract in connection with
which it is given.
Contract Documents
1-38
C
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY TItESE PRF~ENTS: That
whose address is ,
hereinafter called Principal, and , a
corporation organized and existing under the laws of the State of , and fully
licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the
CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State
of Texas, bereinafter called "Beneficiary", in the penal sum of ,
DOLLARS
($ ) in l~wful money of the United States, to be paid in Dallas County,
Texas, for the payment of which sum well and tntly to be made, we bind ourselves, our heirs,
executors, administrators and successors jointly and severally, firmly by these presents. This
Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the
of , A.D. 19 , which is made a part hereof by reference, for the
construction of certain public improvements that are generally described as follows:
Traffic Signal Installation:
High School Access on Denton Tap Road
Project No. ST 97-04 TR
Bid No. Q-0898-01
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the plans, specifications and Contract documents during the original term thereof
and any extension thereof which may be granted by the Beneficiary, with or without notice to the
Surety, and during the life of any guaranty or warranty required under this Contract, and shah
also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the Surety being hereby waived; and, if the Principal shah
repair and/or replace all defects due to faulty materials and worknmnship that appear within a
period of one (1) year from the date of final completion and final acceptance of the Work by
Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all
Contract Documents
1-39
C 3
costs and damages which Beneficiary may suffer by reason of failure to so perform herein and
shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may
incur in making good any default or deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract or
to the Work to be performed thereunder or the specifications accompanying the same shall in
anyway affect its obligation on this Bond, and it does hereby waive notice of any such change,.
extension of time, alteration or addition to the terms of the Contract, or to the Work or to the
Specifications.
This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated
Civil Statutes, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Dallas County or Denton County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the
State of Texas.
IN WITNF_,SS WHEREOF, this instrument is executed in
each one of which shall be deemed an original, this the __ day of
copies,
,19
PRINCIPAL
SURETY
By: By:
Title: Title:
ATTEST: ATTEST:
Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is:
NAME:
ADDRESS: '
NOTE: Date of Performance Bond must be date of Corttract.. If Resident Agent is not corporation, give person~ nam~
140
Contract Documents
C
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: That
whose address is ,
hereinafter called Principal, and , a
corporation organized and existing under the laws of the State of , and fully
licensed to transact business in the State of Texas as Surety, are held and fn'mly bound unto the
CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State,
of Texas, hereinafter c~lled "Beneficiary", in the penal sum of
DOLLARS
($ ) in lawful money of the United States, to be paid in Dallas County,
Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors joinfly and severally, firmly by these presents. This
Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract with the City of Coppell, dated the of
, A.D. 19 , which is made a part hereof by reference, for the
construction of certain public improvements that are generally described as follows:
Traffic Signal Installation:
2"d High School Access on Denton Tap Road
Project No. ST 97-04 TR
Bid No. Q-0898-01
NOW, THEREFORE, if the Principal shah well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Connet and
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modification to the Surety is hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTI~-R, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract or
Contact Documents
1-41
C
to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder.
This Bond is given pursuant to the provisions of Article 5160 of Vemon's Annotated
Civil Statutes, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Dallas County or Denton County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of th0
State of Texas.
IN WITNESS WHERF~F, this instrument is executed in
each one of which shall be deemed an original, this the __ day of
19
SURETY
By: By:
Title: Title:
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME:
ADDRESS:
NOTE: Date of performance Bond must be date of Contract. If Resident Agent is not a corporatio~ give a person's
nam~
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Contract Documents
STATE OF TEXAS
COUNTY OF DALLAS }
KNOW ALL
and
under the laws of
do hereby expressly
will and
principal
severally.
MEN BY THESE PRES~S: THAT
acknowledge
Cents' ($
truly be made unto said
and sureties do hereby
as Principal,
, a corporation organized
, as sureties,
themselves to be held and bound to pay unto the
, a Municipal Corporation, Texas, the sum of
Dollars and
), for the payment of which sum
, and its successors,. said
bind themselves, their assigns and successors jointly and
TIHS obligation is conditioned; however, that whereas, the said
has this day entered into a written contract with the said
to build and construct
which contract and the plans and specifications therein
mentioned, adopted by the 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 thi.~ 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
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Contract Documents
~ m l 'l [ ; I 'T
maintain and repair said work, then these presents shah have full force and effect, and said
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, and the same shah not be changed, diminished or in any
manner affected from any cause during said time.
IN WITNESS WHEREOF, the said has
caused these presents to be executed by
and the said has caused these presents to.
be executed by its Attorney in fact and the said Attorney in fact
, has hereunto set his hand, the day of
,19
PRINCIPAL SURETY
By:
Tifie: Title:
WITNESS: ATTEST:
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
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Contract Documents