DR9601-AG 960924 ~ ~ ~ .I ,,i . ,,
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'CZ- ..., AGENDA REQUEST FORM
/ ~~ .
I I
emi}er 24. 1996 ITEM
ayment iii the amot, nt of $19.137.37 to Tri-Tech Construction. Inc.
Improveme.t District (PID) Storm Drainage Improvemems, Lot 1R.
.................. . ................ 'ark (Havertys - I)R 96-011).
SUBMITTED BY: Ke,meth 51. Griffin. P.E.
TITLE: Assistant City Manager i City Engineer
STAFF RECOM~ENDS: ' Approval X Denial
STAFF COMMENTS:
On June 25. 1996. City Council awarded a contract to Tri-Tech Construction. Inc. for the
construction of Public Iml)rovement District ('PID) Storm Drainage Improvements to Lot IR. Block
2. Gateu'ay Business Park (Havertys} to Tri-Tech Construction. Inc. in the amount of $328.491.40.
This pro. ject has now been comlileted.
Staff recommends approx al of the fi,mi pa?ne,it to Tri-Tech Construction. Inc. in the amount of
$19.137.37.
Staff w-ill be available ti} ansxver a.y qt,estions at the Council meeting.
BUDGET AMT.$ AMT. EST.$ +/- BUD:$
FINANCIAL COM~[ENTS:
Funds are available i.n the Gateway Project Coppell 92 Improvement Fund.
DIR. INITIALS: ~7 FIN. REVIEW:'-'}~ CITY MANAGER REVIEW: .
.\.,.,t. mla Rt'llUV-t I-'otto - Rt'~i~t'd 6 96 :) '.3!:11%C2i1 ~% ,::!~: C'V.-'.I
I/
AGENDA REQUEST FORM
CITY COUNCIL MEETING: September 24, 1996 ITEM # ~
ITEM CAPTION: ~
Consider approval of final payment in the amount of $19,137.37 to Tri-Tech Construction, Inc.
for the construction of Public Improvement District (PID) Storm Drainage Improvements, Lot 1R,
Block 2, Gateway Business Park (Havertys - DR 96-01).
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Assistant City Manager / City Engineer
STAFF RECOMMENDS: ' Approval X Denial
STAFF COMMENTS:
On June 25, 1996, City Council awarded a contract to Tri-Tech Construction, Inc. for the
construction of Public Improvement District (PID) Storm Drainage Improvements to Lot 1R, Block
2, Gateway Business Park (Havertys) to Tri-Tech Construction, Inc. in the amount of $328,491.40.
This project has now been completed.
Staff recommends approval of the final payment to Tri-Tech Construction, Inc. in the amount of
$19,137.37.
Staff will be available to answer any questions at the Council meeting.
APPROVED
D, it
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS:
Funds are available in the Gateway Project Coppell 92 Improvement Fund. ~/~'\
DIR. INITIALS: ~ FIN. REVIEW~ CITY MANAGER REVIEW:~
Agenda Request Form - Revised 6:96 Dacumem Name cng. I
-2. Biddimz Phase: The City shall accompany Cate. in the receiving,
opening and recording of bids and shall review the bid submittals and select
the successful Contractors with Catellus.
3. Construction Phase: The City shall accept, review and file all Project
~--x,, { progress repons, inspection repons and testing results. The City shall :'~..
'../), l, ~ review and approve all progress payment requests and shall submit payment ,!
~/~[JL',.'.--. ~ I approval to NationsBank Trust Department for payment in a timely manner.
! The City shall review and approve change orders or field changes submitted
(-'~C, '~ !'' ~ ~ for approval by Catellus. Any change orders or field changes up to
~74- ~l"'-(~'" - "' " $15,000.00 will be approved by CiD' Staff. Any change orders or field
· \~, \,Cq, C~T'.. changes exceeding, $15,000.00 x~511 require the approval of Cid' Council.
-\
th~x~mm ..... "--'~-"~ for im~ in a timely;
,~ ~ '~ ~ ' manner. The Ci~' ma),, at any t~me, att~fl'~'~n~t't~etion meetings or inspect
............. the work, but the City shall not without cause, delay the progress of the
· Project.
1.4 Project Engineer: The "Project Engineer" as referred to in these Specifications is Halff
Associates, Inc., 8616 Northwest Plaza Drive, Dallas, lexas, 75225.
1.5 Engineer: The "Engineer" as referred to in these Specifications is the Ci~' of Coppell, 255
Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019.
1.6 Site: The Contractor shall limit his work to the area show~ on the Project Drax~Sngs as
within the street fight-of-way and utiliv,.' easements. Entrance onto private property shall be at the
expressed approval of the City Engineer only and the Non-Compensated Project Manager.
1.7 Project Description: This Contract consists of construction of drainage improvements and
i other miscellaneous improvements as shox~a in the construction documents.
Completion for this project ~511 include removal of all objectionable rocks, pieces of asphalt
or concrete and other construction materials, and in general preparing the site of the work in an
I orderly manner appearance, completion any required by Documents,
and
of
other
work
the
Contract
and acceptance by the City of Coppell, Texas, and the Non-Compensated Project Manager.
1.8 Working Day Count: Working days shall be counted by the Engineer on the basis of the
definition set out in the General Conditions of Agreement.
The working day count shall be suspended upon receipt by the Engineer ora x~xitten request
for final inspection. The working da)' count shall resume upon receipt by the Contractor of a
xwitten list of items necessary.' to satisfactorily complete the project. This process shall continue
until such time as the project is accepted by the Engineer and the Non-Compensated Project
Manager.
1.9 Failure to Coml}lete Work on Time: The time set forth in the Contract for the completion
of work is an essential element of the Contract. A Breach of Contract as to completion time of each
working day count bid will cause damage to the Owner, but such damages cannot be measured and
the ascertainment will be difficult. Therefore. for each and eveD' calendar day any work, or any'
portion thereoL shall remain uncompleted after the expiration of the time limit set under this
contract, or as extended bY the Owner. the amount of $240.00 per calendar day (unless otherwise
specified in the General ~onditions) will be deducted from the money due or become due to the
Contract, not as a penalty, but as liquidated damages, and added expense including administrative
SECTION 01001 - GENERAL PROJECT REQUIREMENTS PAGE 2
CITY OF COPPELL
P.O. BOX 478
COPPELL, TEXAS 75019
Periodical Estimate No. Two / Final Period:
Project: Catellus / PID (HaverCy"s) Contractor: Tri-Tech Construction, Inc.
Project No: DR 96-01 Address: 1133 E. Loop 820 S.
Fund: Ft. Worth, Texas 75112
Original Contract Amount: $328,491.40 Original Contract Time: 40WD
Plus Change Orders: -0- With Adjustments: -0-
Value of Work to Date: Time Charged to Date: 20WD
~em UNIT UNIT ORIGINAL QUANTITY VALUE OF
No. DESCRIPTION OF PRICE ESTIMATED COMPLETED COMPLETED
MEASURE BID QUANTI'i'¥ TO DATE WORK
I 6'x5' Reinf. Concrete Box LF 137.00 555 555 76,035.00
2 5'x5' Reinf. Concrete Box LF 115.00 347 347 39,905.00
3 60" Dia. III Reinf. LF 106.00 598 598 63,388.00
Concrete Pipe
4 54" Dia. III Reinf. LF 92.00 681 681 62,652.00
Concrete Pipe
5 48" Dia. III Reinf. LF 74.00 170 170 12,580.00
Concrete Pipe
6 42" Dia. III ReEf. LF 64.00 258 262 16,768.00
Concrete Pipe
7 36" Dia. III Reinf. LF 52.00 98 98 5,096.00
Concrete Pipe
8 21" Dia. III Reinf. LF 29.00 60 60 1,740.00
Concrete Pipe
9 Pipe Connections/Wyes EA 50.00 16 16 800.00
10 5'x5'-6'x5' Reinf. EA 800.00 1 1 800.00
Concrete Box Trans.
11 60'-5~x5' Reinf. Concrete EA 300.00 1 I 300.00
Box Trans.
12 Remove exit. 42' LF 87.00 15 12 1,044.00
Concrete Pipe, etc.
13 6'x5' Reinf. Concrete Bend EA 100.00 1 I 100.00
14 45' Reinf. Concrete Bend EA 100.00 1 -0- -0-
15 48" Reinf. Concrete Pipe EA 400.00 1 i 400.00
Stubout & Plug
Page 1
Periodical Estimate No. Two Period: to
Project: Catellu~ / PID (Havertys)
DR 96-01
ITEM UNIT UNIT ORIGINAL QUANTITY VALUE OF
NO. DESCRIPTION OF PRICE ESTIMATED COMPLETED COMPLETED
MEASURE BID QUANTITY TO DATE WORK
16 33' Reinf. Concrete Pipe EA 300.00 I 1 300.00
Stubout & Plug
17 27' Reinf. Concrete Pipe EA 200.00 I0 10 2,000.00
Stubout & Plug
18 21~ Reinf. Concrete Pipe EA 20.00 3 3 60.00
Stubout & Plug
19 Rock Rip Rap SY 29.00 685 558 16,182.00
0 Permanent Grassing LS 9,000.00 1 -0- -0-
21 Winter Seeding LS 3,500.00 1 --0- -0-
22 Trench Safety LF 0.20 2767 2771 554.20
Part II
1 Erosion Control LS 7,500.00 I 1 7,500.00
2 Surveying & Testing LS 4,000.00 I 1 4,000.00
Remarks: Value of Original Contract Performed: $312,204.20
Value of Extra Work Performed: -0-
Total Value of Work to Date: $ 312,204.20
Less Retainage
Total, Less Retainage 5% 312,204.20
Less Previous Payment(s): 293,066.83
/~J~/~~~te. %/l'9~ Current Payment Due:
Approved by ~ ,Engineer:
Page 2
FINAL ]~FJ.FASE AND WAIVER OF l.n:N
~ STATE OF TEXAS I
COL~ OF DAT.T~a~S I
For and in consideration of full payment made simult~neouslyhe~-ewkh to the 'undersigned ('General
Conwactor~) Dan Woodv ON,me), President ._
(Title), Tri-Tech Construction, Inc.
~ivm N~me) by Tri-Tech Construction, Inc. (Entity) ofall s-m~ now due and
owing to General Contractor in connection with the furnishing of labor, material, and/or se.wices for
construction on the job known as the Gateway Business Park project located on the real property in Dallas
County, Texas described on Exhibit A attached hereto and by this reference made a parr hereof for all
purposes, together with all improvements thereon (the 'Property'), the receipt and sufficiency of such ~all
payment being hereby aclmowledged, and with the knowledge that the owner of the Property and project,
City of. Covoell, Texas ('Ownez~ has required and relied upon
this release and waiver of lien in making payment to General Contractor hereby releases and discharges
Owner from all indebtedness and obligation of any character owing to General Contractor iv. connection with
such construction job, and General Contractor hereby releases all d~rn~ of every character against Owner
in connec6on with such construction job and in addition hereby waives, releases, and discharges .the
property and the improvements thereon from any and all liens, d~im~ of liens, and charges of every
character which General Conumctor may now or hereaf~er have against the Property, whether the same be
contractual, statutory, or constivational, and whether such liens are e~denced by lien d~im aff~,daMts or nor,
and whether fi]ed for record or not; it being the intention of General Contractor to relinquish and release
:o Owner the Prope:ly corr. plete!y flee and clear of all Hans and lien clahns of every character which General
Conffactor or any party acting by, ~d~rough, or under Gene:-al Contractor may now or hereafter have ag ;ainst
hke Property.
General Contractor certifies, represents, and warrants that General Contractor has not ar.d will not
assign any cl~im~ for payment nor any r~ght to perfect any lien against the Property.
General Contractor further ce.,zifies, represents, and warrants that all laborers a.nd se,vices employed
by Gene.~al Contractor ~-nd any person, ftrm, or company acting by, through, or under General con,actor,
if any, and all materials placed upon and/or installed on the Property and/or ail lease payments for
equipment and machinery used by General Contractor on such job, if any, have been fully paid, and that no
laborer, service, or materialman has any d~m, demand, or lien on the Properly. by, through, or under
General Conwactor, and further that no chapel mortgage, security interest, conditional bill of sale, or
retention of title agreement has been given or executed by General Contractor or any laborer, service, or
materJ~Iman acting by, through, or under General Contrac.:or for or in connection with any materials,
machinery, and/or equipmen.: placed upon or installed on the Property, other than the followin~
NAME OF PERSON OR COMP~h' OWED: .~J~PROXLMATE AMOb~'NT OWED:
$
For and in consideration of the aforesaid payment made herewith and other benefits accruing to
General Coy. tractor hereby expressly agrees to indemnify and hold forever ha_,-m!ess Owner from and against
ail liabfli~,, loss, claims, damages, and/or expenses of any kind arising from any c!aL'n, lien, demand, or
action of any nature that may now exist or hereafter at any rime be asserted agaiv, st C~er or the Prope.~r,j
by General Contractor or any ot~:er par~j whom_soever arisLng by virtue of ar.d/or in connection wir_h the
furnishing of said labor, mate.~als, and/or sereices fi.u-n.ished by General Contractor or by, t.~-ough, or under
General Contractor up to and indudLng the date hereof, and General Contractor hereby releases Owner from
· ~n'y and all obligations to withhold monies from General Contractor with respect to possible claims of
General Contractor or any other party furnishing labor, materials, and/or services b~,lthrough, or under
General Con~'actor.~.
//
F.X~CUTSD this 29th day of AuguSt / .
By D~n W°°~qYam~/~ -~e
President -
CTitle)
Tri-Tech Construction, Inc.
(Company) .
C0RPORAI~ON OK PARTNERSFflP
ACKNOWLEDGEMENT
THE STATE OF TEXAS I
I
COUNTY OF D.aI.IAS
BEFORE IriS, the undersigned authority, a notary public in and for said ~ounw and State, on this
day personally appeared-AO/I~c~ Ct~'d~ d~ ~ (Name), /:~/Ze ~.,
(TitlE, of 7'~,-'~e~.&.(t~'~P~'~e~''~-*~'~ 2Z'~ ~irmNam~),a
(Type of Fmtity and State of Orga~jTation), known to me to be the
person and /9/a~ 9 (Officer or Parmer) whose name is subscribed to the
foregoing insn'ument, and acknowledged to me that he executed said inslrument fo..r the purposes and
consideration therein expressed and in the capacity therein stated and as the act and deed of said
(Type of Entity).
GrVEN UNDER MY HAND SuND SEAL OF OFFICE, th~ the~ ? day of
Nol~,r¥ Pu~l~¢ ~ Cornm;',sion Expires
STATE OF TEXAS
VIGILANT INSURANCE COMPANY
15 Mountain View Road, R O. Box 1615 MAINTENANCE BOND
Warren, New Jersey 07061-1615
Bond No. 89031127
KNOW ALL MEN BY THESE PRESENTS that
TRI-TECH CONSTRUCTION, INC.
as Principal,
and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound
unto
CITY OF COP?ELL, TEXAS
as Obligee, In the sum of
One Hundred Fifty-Six Thousand, One Hundred Two & 35/100. D~lars
($ 156,102.35. ), for the payment of which sum, well and truly to be made, the Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jolntJy and severally, firmly by
these presents.
WHEREAS the Principal has entered Into a wdtten contract dated with the Obligee for
Gateway Business Park Storm Drainage for Catellus Development Corporation
and
WHEREAS said Pdrtcipal is required to post a bond to guarantee repair or replacement of fau!ty material or
workmanship for a period of ]~.)r~Kfrom and after the date of acceptance of said work.
two years
NOW, THEREFORE, if the said Principal shall repair or replace any and all defects in said work during the
aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect.
Signed, sealed and dated
VIGILANT INSURANCE COMPANY
by ,~ 1~[~ .
Tamara E. Shackelford // AttorneylnFact
POWER OF AI'I'ORNEY
VIGILANT INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ 07059
¢;o;) ~o~-2ooo
Know all Men by these Pre~enta, That VIGILANT INSURANCE COMPANY, a New York Corporation, has cons~tutsd and appointed, and
does hereby constitute and appoint Charles D. Sweeney, D. W. Sweeney, Bobby E. Mayo and Tamara
Skackelford of Fort Worth, Texas .........................................................
each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf
as surety thereon or otherwise, bonds or obligations given or executed in the course of its businesS, and consents for the release of retained
percentages and/or final estimates.
In Witness Whereof, said VIGILANT INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice
President and Assistant Secretary and its corporate seal to be hereto affixed this 26~ day of July, 1993.
Kenne C. Wendel. Assistant Sanre/~ary
STATE OF NEW JERSEY )
,~as.
County of Somerset
On th~s 26th day of July 1993, before me personally name Kenneth C. Wendel to me known and by me k~own to be Assistant Secretary of VIGILANT INSURANCE
COMPANY, the corporetion described in and ~,/nich executed the foregoing Power of Attorney. and the said Kenneth C. Wendal being by me duly sworn, did depose and say
that he is Assistant Secretary of VIGILANT INSURANCE COMPANY and tmows the corpomta seal thereof, that the seal affixed to the foregoing Power of Attorney la such
corporate seal and was thereto affixed by authority of the By-Laws of said Company; and that he signed said Power of Attorney as Assistant Secretary of said Company by like
authority., and that he is acquainted with Soren N. S. Laursan and k~ows him to be the Vice President of said Company;, and that the s~ature of said Soren N. S. Laursan
subscribed to said Power of Attorney is in the genuine han~vriting of said Soran N. S- Laursen and was thereto subscribed by au~onty of said By-Laws and in dabonent's
Notarial Seal
on the date a~ove written.
.= / ~.A.Y'"... 'i
· , ; -,- ..- j
-. . Notary Public
CERTIFICATION
STATE OF NEW JERSEY ~ No
County of Somerset j' ss ~.ommiuion ;xpire~ July 29, ;996
I. the undersigned. Assistant Secretary of VIGILANT INSURANCE COMPANY, do hamby cattily that ~e folfowing is s tee e~e~t f~m the By-Laws of the said ~ny as
adopted by ~s Boa~l of Dimc'tom on June 13. 1974. and most recently amended June 2. 1989 and that this By-Law is in foil tome and effect.
· ARTICLE XV
Section 2. A; bonds, undertakings, contracts, and other instruments other than as above, for and on behalf of the Company which it ia authorized by law or its charter
to exeCUte, may and shall be executed in the name and on behalf of the company either by the Chairman or the Vice Chairman or the P~sidant or s Vice PresidanL
jom~y w~th the Secretary or an Assistant Secreta~/. under their ras~ designations, except thai any one or more offinsm or attorneys-in-fact dasignated in any
rssOlUtfon of the Board of Directors or the Executive committee, or in any power of attorney executed as provided for in Section 3 belaw, may execute any such bond,
undertaking or other o~igaflon as p~ovided in such resolution o~ power of attorney.
designations. The sigsa[ure of such officers may I~ engraved, bnnted or lithogrephed. The s.,gnature of each of the tollowin9 officers: Chairman, Vice Chaim~an.
Pres~ent. any Vice President. a~y Assistant Vice Prescient. any Secretary. any Assistant Secretary and the seal of the Company may be affixed ~:~ facsimile to any
power of attorney or tO any ce~finata relating thereto appomting A. sS~atant Secretaries or Attomeys4n-Fact for purposes only ot exectaing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and any such bower of asome¥ or ce~fk~,ata bearing such facsimile signature cr facsimile seal shall be
val~l and t),nding upon the Company and any such power so executed and codified by such facsimile signature and facsimile seal sha~l be valid and binding ubon the
I further ce'tify that said VIGILANT INSURAkCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United Slates of America.
D~stnct c! Co~umb~a and Puerto Rico. and is also duly licensed to become sole surety on bonds, undertaldngs, etc. permi~ed or required by the laws of the United States.
And I tu~har ceCJfy that the foregoing Power of Attorney is in full force and effect.
Given unaer my hand and seal of the said Company at Warren, NJ this day of .. .19
Co~ta S~
I) CONSENT {03] ,~ Assistant S etary