) I I • ;I TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO Claim # Check $ 6/6.26DATE: Vendor No. Vendor Name Hi'VTB Address Address Address Zip Code TOTAL If .616.26: The HNTB Companies 5910 W Plano Parkway Telephone (912) 661-5626 Engineers Architects Pianners Suite 200 facsimile (972) 661-5614 Plano. TX 75093 www.hntb.com September 28, 2005 HNTB Mr. Steve Chutchlan, P.E. Assistant City Engineer Town of Addison P.O. Box 9010 Addison, Texas 75001·9010 RE: BELTLINE ROAD REHABILITATION HNTB PROJECT NO. 40316 Dear Mr. Chutchlan: Enclosed please find our Invoice Numbers 1Q..40316-CN-001 for professional services in connection with the above referenced project. If any further information is necessary to process these invoices for payment. please feel free. t9 contact Scott Forbes at 972-661-5626. Sincerely. HNTB CORPORATION ~cJ·~ Benjamin J. Biller, P.E. Vice President, Central Division BJBlsso Enclosures cc: Scott Forbes -Plano Finance Tile HMTS Companies: 5910 W Plano Parkway Telephone (972) 661-5626 Engineers Architects Planners Suite 200 facsimile (972) 661-5614 Plano, TX 75093 www.tmth.com September 28, 2005 HNTB TOWN OF ADDISON Steve Chutchian, P.E. Assistant City Engineer P.O. Box 9010 Addison, Texas 75001-9010 In Account With HNTB CORPORATION Correspondence Address: Remittance Address: 5910 West Plano Parkway, Suite 200 P.O. Box 802741 Plano, TX 75093 Kansas City, MO 64180-2741 Invoice No. 10-40316-CN-001 MAXIMUM: $ 97,502,00 Professional services in connection with the construction services for the Beltline Road Rehabilitation. For the period: July 2, 2005 through August 26, 2005 DIRECT PAYROLL COSTS (Detail Attached): $ 215.64 x 3.00 $ 646.92 REIMBURSABLE EXPENSES {Detail Attached: $ 65.43 x 1.00 $ 65.43 Total Amount Earned This Period $ 712.35 Plus Previously Invoiced 96,885.74 Total Amount Earned To Date 97,598.09 CONTRACT MAXIMUM 97,502.00 Less Previously Invoiced 96,885.74 AMOUNT DUE THIS INVOICE $ 616.26 HNTB Corporation -Project Status Report Beltline Road Pavement Rehabilitation (Marsh Lane to Dallas North Tollway) Town of Addison, Texas 9 July 2, 2005 through August 26,2005 WSF • Working on project closeout. • Assisted Town with prOject closeout. • Page1of1HNTB BILLING REPORT BILL4 By Segment MNTB Oirect Payroll Dates: 07102105 through 08126105 Job Ph Sag 40316 CN-001 Beltline Road Rehabilitation Construction Services ElO PIM SlO B/F Biller, BJ (01735) Forbes, WS (13791) DallasTX HNTB CORPORATION Ole Ole Ole 003 003 003 Ole EmpNo Employee Emp Firm Shift Code Transxn Type Rate Hours Amount Remarks 003 003 13674 13817 Holder, Jerry D Sanford, Debra L HI HI 70.32 25.00 2.00 3.00 140.64 Regular 75.00 Regular Total Labor Distribution Billing Item: 40316-CN-001 5.00 215.64 Regular Run By Darla J. Mikle on 09/2810507:44 AM Range Begin Oate=Ol102/0S, Range End DaIG=08I26IOS, Job::.Job Number, SUPPI"I;I$S PM~uppress v1A.13 Page 2ot4 r :-~~: JOe' : 3Sal68 T.... _"1lMtion , 21~1 IovInglSNd. p,o,ilax:2:I'A048 1lQn,1_152'22_ JaI:T_oI_ , 1 (214) 741-353\ ~AX(2141742$40 --~ TO< T"""OrAddI..h 11'.0. eo. 901a Addicnt Tx. 1et(n I EII11MATII , 1R!visEO FROM: TO: .~ rrEM CaSd~IPTI:lN OA$ MOO.OO f3MITROL La 1 lQ,5IIO.00 $10.eoo.00 1.00 $I0,e00.oo 1.(11) ooll TRAFFiC MARl $8.230,00 gel!.00 fS,:!Ile.2O gel!.1'i:l 001~ TRAffiC MARIu LF 1,1~ 2.10 ~oo 1,2Il6.oo $2.719.110 l.moo TlieRMelI'l.Ml1Q IIEFLeOTORIZSO we IiA. 31 IIIIMlO 14,80&.00 $1.00 i4.1!rIl.00 m,oo001"OO1r TllERMelI'l.Ml1C. REFLet.TOR!ZeO I.E I!A !Ie n.00 S4,38S.00 !;e.oo $ To, Nancy Cline Sent' Sat Sep 10 16,46,51 2005 Subject, APAC Payment Nancy, I am waiting for you to generate a PAM (payment authoriZation memo) for the $534,529.40 that we have agreed to pay APAC for the asphalt work on Belt Line. As soon as I get this from you, we will process payment. By the way, I'm almost finished with the PowerPoint presentation and should be able to show you it Monday morning. Randy 1 ASHLAND. APAC-Texas, Inc. Asubsidiary of Ashland Paving And Construction, Inc.Stephen B. Robertson Texas Bitulithic Division 2121 Irving Bouleva(d, Dallas, TX 75207 Division President p.o. Box 224048, Dallas, TX 75222-4048 Tel, 214741-3531, Fax, 214742-3540 August 23, 2005 :~ ~ ttn: nn~[QJ AUG 25 2005 Gil Y 'iVVAJNiAGER Mr. Ron Whitehead City Manager Town ofAddison P. O. Box 9010 Addison, Texas 75001-9010 Dear Mr, Whitehead: John Walker has forwarded to me your letter to him of August 18, 2005, While we still do not agree with the Town's position on the facts, we will reluctantly accept your offer of$534,529.40 in order to settle the issue and move on, We will submit the Affidavit ofBills Paid and the Surety Consent form in the very near future, At that time, please forward our check through the normal channels. Yours very truly, APAC-TEXAS, INC. T Division President SBRltm cc: John Walker ASHLAND. [R1 ~ ~ ~ nH~lQ) APAC-Texas, Inc. A subsidiary of Ashland Paving And ConSlruction, Inc. Texl)s Bitulithlc Division AUG 252005 CITY MANAGER P.O. Box 224048 Dall.s, TX 75222-4048 ~>,.:..,-'. }'~ ~~ \~-"1.....!.\ I '.J ~ 00;-:,'2.~ 1;1'1 N Mr. Ron Whitehead City ManagerTOWN OF ADDISON, TEXAS P. O. Box 9010 Addison, Texas 75001-9010 ''Sf''.l'O\. ~"'9t"..) '\. a 11 •• ,1.1,1,11•••11,,"•• 111.1'1 II 11 ••••1111.,1.,.1111." I II 1.1 ~ ; o/J ~[Jl, CONSENT OF OWNER ARCHITECTSURETY COMPANY CONTRACTOR AUG 252065 SVRETYTO FINAL PAYMENT OTHER l" i Y t,.I1ANAGERAlA DOCUMENT C707 PROJECT: BELT LINE ROAD PAVEMENT REHABILITATION FROM MARSH LANE (n.rn., ,ddreH) TO THE DALLAS NORTH TOLLWAY TO (Owner) I ARCHITECT'S PROJECT NO: N/AI Town of Addison P. O. Box 9010 CONTRACT FOR: Pavement Rehab. Addison, Texas 75001 L -l CONTRACT DATE: October 12, 2004 CONTRACTOR: APAC-Tp~s, Inc. P.O. I10x 224048 Dallas, TX 75222-4048 In accold,nce with the provisions of the Contract betwttn the Owner and the Contractor 35 indicated above, the Liberty Mutual Insurance O:lmpany P.O. Box 11765 , SURETY COMPANY,LeXington, KY 40577-1765 on bond of thu. Itl'otrl "',mt ..h4 ~ddtt'U of Corm"flotl APAC-Texas, Inc. P. O. Box 224048 • CONTRACTOR,Dallas, Texas 75222-4048 hereby approves 01 the fin.1 PJymenr to Ihe ConlraClor. and agrees tha' final payment 10 Ihe Conlractor shari not relieve the Surery Company of any of if5 obligations to it'lt-,rf irntt! ".mt ~1'Id' ..ddrf!~t cl 0""'1\,,) Town of Addison, Texas , OWNER. as s~t forth in Ihe laid Surery Company'S bond. IN WITNESS WHEREOF, Ihe Su'ely Comp,ny h" h~'.unlo set il' h,nd this 23rd d.y of August, 2005. ~/J? t fI~_. Sign.lure ot ·AlJlho,iz~d Repre,enl,live T..o=ie Scott Attorney-In-Fac_t___._______Tiile ,-----"'-"IOU Th.! l(}Im I) 10 b\' l:H'd .1\ .1 ((l"'ltJ~ruon dUClJmf!'nl fO AlA OOCIJM(NT C706, CONUAC10k S AtfflDAVtl Of PAYMfNT Of DfSfS AND C! \1'\.\$, !.-"fI\'nl (VII.on ,,\14 ()oeL \\ ( .... i (. -0:" • (J"~:,I;-..I (.l{ $\ 'IU 1 Y C ..·)"I~ \"1'-TO r I")" t P." ~ .....ltNl ' ... prOt 11)':'t) fOil lOIS ~ .4" <\X' ".1,', • IH\ '·.~I"'11 '>','~ ' .... ·,llll'l[ ,:.{ "''''_IHfE\·~~ l·J~,r;;r.\ ,\,.'1\,. ,t.S( 1'.1.'.' WA':'Hl...,t'tn... ro.· ......... This Power of Attorney limits the acts 01 those named herein, and they have no authorJty to bind the Company except in the manner and to tI1e exient herein stated. 1163119 LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"). a Massachusel1s stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint LINDA EDWARDS; ROBERT C. FRICKE, BETrYE ANN ROGERS, JAMES F. SIDDONS, ROBERT C. SIDDONS, STEVEN B. SIDDONS, DOUGLAS J. WEALTY, HOLLY A. GRAVENOR, LORRIE SCan; ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS•••••••••••••.•..; .................................. ......... ; ................................................. ;,..~.................................................. .. • each Individually if there be more_ ~!1an one named, its true and lawful aHorney~in-fact to make, execute,. seal, acknowledge and deliver, for and on its behalf as surety and as its act and-deed, a~-B!1d all undQ:rtakings, bonds, recogl!rzances and other surety obligations in the penal sum not exceeding TWENTY·FIVE MILLION AND~QOll00··..m_......... DOLLARS ($ 25.000,OQQ.QO..... ) each. and the execution of such undertakings, bonds, rec6gnizances and other surety obligations, in pu"rsuance ,of these presents, "shall be as binding upon the Company as if they had been duly signed by the president and aHested by the'secr'etary of the Company In their own pr~rpersons. That this power is made and executed pursuant to and by ~uthority of the rollowing By-law and Authoriiation: ARTICLE XII! • Execution of Contracts: Section 5. Surety Bonds and Undertakings~ Any otticer of the Company "authorized for that purpose :in writing by the chairman or the pre.sldent. and subject to such limitations as the chairman or Ule president may prescribe. shall appoint such attorneys·in-fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneyS-in-fact, subject to the limil:ations set forth in their respective powers of attorney, shall have full power to bJnd the Company by t11eir~ signature and execution of any such instruments and to attach thereto the seal of t11e Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 'C2-• ...dB By the following instrument the chairman or lhe president has authorized the officer or other official named therein to appoint atlorneys·in·fact c'"111: Pursuant to Article XIII, Section 5 of the By-Laws, Timothy C. Mulloy, Assistant Secretary of Uberty Mutual Insurance Company, is hereby ..."!!! authorized to appoint such attomeys-in-1act as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and :c~ deliver as surety any and all undertakings, bonds, recognizances and olher surety obligations. ea> u", That the By~law and the Authorization set forth above are true copies thereof and are now in full fotce and effect '0.2 ... ~ IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or ofi[ciaJ of the Company and the corporale seal of ~Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting. Pennsylvania this 28th day or _".J"a"n"'u"a!.Jry<--_-''-____J!! 2003 .'0 c·LIBERTY MUTUAL INSURANCE COMPANY ~~ uro 0'" c~ai';; COMMONWEALTH OF PENNSYLVANIA 55 a> 1I1 COUNTY OF MONTGOMERY OI~a>",1:: 'E On this ~day of .laO! 16ry •..2.00:3.. , before me, a Notary Public, personal!y came Timothy C. Mulloy, to me known, and acknowledged ~":;: that he is an Assistant Secretary of liberty Mutual Insurance Company; that he knows the seal of sald cotporaiton; and that he executed the above ... ~, Power of AHOrney and seal of Uberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 001, -~ , IN TESTIMONY WH~~, first above CERTIFICATE iYe~",.('.I'\.umo subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year;g ~ ~fii 01o:(aflJi"Sb,11. Te~t\";'f'-i!dizl\fl, r-iui.:lr'/p.Lru!c P;j'mOO&; T~"p" M()Il1gd(i;<5rj 1;ol;"ly BY~./~'-: a t:'" rl,; ccryayss;.;;t> E;o:r:lr~s M"r -:o'!S. 20m Me,'nlw:, ,:~\l1~:'~\.aJ'h: ,l,;>,!;oei?licHl t·~ ~~D~)I:.:uo.:s::..:t :.-_. H2005. ngton rer Sworn to and day of AUij:ust • M 2005. Notary Public, State of T E X A S My CO\II!Disdon Expires 11 /13 /07 - Tn. HNTB Companlu 5910 W Plano parkway Telephone (972) 661~5626 Engineers Architects Plaroners Suite 200 facsimile (972) 661~5614 Plano, TX 75093 www.hotb.com July 29, 2005 HNTB Me Steve Chutchian, PE Assistant City Engineer Town of Addison P.O. Box 9010 Addison, Texas 75001-9010 RE; BELTLINE ROAD REHABILITATION HNTB PROJECT NO, 40316 Dear Mr. Chutchian: Enclosed please find our Invoice Numbers 9-40316-CN-001 for professional services in connection with the above referenced project. If any further information is necessary to process these invoices for payment, please feel free to contact Scott Forbes at 972-661-5626. Sincerely, HNTB CORPORATION Benjamin J. Biller, P.E. Vice President, Central Division BJB/sso Enclosures cc: Scott Forbes· Plano Finance HNTB Corporation -Project Status Report Beltline Road Pavement Rehabilitation (Marsh Lane to Dallas North Tollway) , . .Client: ..," "'. Town of Addison, Texas T!me Period: .. May 28, 2005 through July 1, 2005 ~re~re~ By: WSF 1 WorW~tartedor l'rogr~ssed ..............•. '. . ;>" • Working on project closeout. !, '.' .,,(', "1 Work Completed ..., " .·1 • Reviewed Contractor Pay Request. Discussed Pay Request with Town. • Continue to assist Town with project closecut. HNTB Page I of t TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO Claim # Check $ 81 r, 12.DATE: Vendor No. Vendor Name Address Address Address Zip Code OBJ PROJ SAC TOTAL 1..8/11,/2.' EXPLANATION ~~ Authorized Signature Finance HNTB Correspondence Address: 5910 West Plano Parkway, Suite 200 Plano, TX 75093 Invoice No. 9-40316-CN-OOl July 29, 2005 TOWN OF ADDISON Steve Chutchian, P.E. Assistant City Engineer P.O. Box 9010 Addison, Texas 75001-9010 In Account With HNTB CORPORATION Remittance Address: P.O. Box 802741 Kansas City, MO 64180-2741 MAXIMUM: $ 97,502.00 Professional services in connection with the construction services for the Beltline Road Rehabilitation. For the period: May 28, 2005 through DIRECT PAYROLL COSTS (Detail Attached): $ 264.39 x REIMBURSABLE EXPENSES (Detail Attached: $ 25.95 x 3.00 1.00 Total Amount Earned This Period Plus Previously Invoiced Total Amount Earned To Date Less Previously Invoiced AMOUNT DUE THIS INVOICE July 1, 2005 $ 793.17 $ 25.95 $ 819.12 96,066.62 $ 96,885.74 96,066.62 $ 819.12 BILLING REPORT BILL4 By Segment =-tNTB Direct Payroll Dates: 512612005 through 71112005 Job Ph Seg 40316 CN-OOl Beltline Road RahabilHalion Construction Services ElO PIM 610 BIF Biller, BJ (01735) Forbes, WS (13791) DallasTX HNTB CORPORATION Ole Ofc Ofe 003 003 003 Olc EmpNo Employee Emp Finn Shift Code Transxn Type Rate Hours Amount Remarks 003 13674 Holder, Jerry 0 HI 63.77 3.00 191.31 Regular 003 13617 Sanford, Oabra HI 24.04 1.50 36.06 Regular HI 25.00 1.00 25.00 Regular HI 24.04 0.50 12.02 Aeg-Ovt , Total Labor Distribution Billing Item: 40316-CN-001 5.50 .50 252.37 Regular 12.02 Aeg-Ovt 6.00 264.39 Total Run By Deanna Vaughan on 01I05I05 08:04 AM Month End DO\10=-71112OO5, Job-%. F1rm=Hl, &1lIltng DMs!Otho%. Billing Of1i~.PM Offlee::>-%' ~Mallogar..%, Bimng Levef..oefaul1, Bill with OPE..Defauit. Suppress Prlnting,.NoSuppr'8S.$ Page 220 of 245 BILLING REPORT 4E by Job, Phase, Segment MNTB Expense Task Distribution Dates; 0512812005 through 07/0112005 Job 40316 Be~line Roael Rehabilitation ElO 01735 Benjamin J. Biller Ofe 003 Phase CN CONSTRUCTION PM 13791 William Seoll Forbes Ole 003 Ssg 001 Construction Services BO Dallas TX Ole 003 Contracting Entity HNTB CORPORATION TaskIDescription DB R Ole Effective Date Journal Name Description Amount E020 MATERIALS AND SUPPLI CE HI 003 06/27/05 PayablesJoumalfor JUL-200s LONE STAR OVERNIGHT-3305514-25.95 Total -Task E020 MATERIALS AND SUPPU 25.95 Total -Expense Charges 25.95 • Copies of Original Substantiation for Subsistence required by IRC 214(0) are available. Run S)l Deanna Vaughan on 01/06105 07:13 AM Job.=%. Am..%, BlUing OMsIan""'*'. BiliinSi 0Ifi~. From 0e~005.To 0aIa=71112OO5, ~l.evel=Dafaull, Sort By...Job Nlllt'd.:Ier, $upptes! Prlllting",NoSuppress Page 242 of 268 TOWN OF ADDISON . PAYMENT AUTHORIZATION MEMO Claim # Check $ Sl7J 13.5>, r:; tj-DATE: '------Vendor No, Vendor Name Address Address Address Zip Code EXPLANATION .~~ Authorized Signature Fihance I : I~i i =JARCHITECTS ENGINEERS PLANNERS December 10, 2004 TOWN OF ADDISON Mr. James C. Pierce, Jr., P.E. Assistant Public Works Director P.O. Box 9010 Addison, Texas 75001-9010 In Account With HNTB CORPORATION Correspondence Address: Remittance Address: 5910 West Plano Parkway, Suite 200 P.O. Box 802741 Plano, TX 75093 Kansas City, MO 64180-2741 Invoice No. 5-40316-CN-001 MAXIMUM: $ 66,207_00 Professional services in connection wHh the construction services for the Beltline Road Rehabilitation. For the period: October 23, 2004 through November 19, 2004 DIRECT PAYROLL COSTS (Detail Atteched): $ 16,624.55 x 3.00 $ 49,873.65 REIMBURSABLE EXPENSES (Detail Attached: $ 261.99 x 1.00 $ 261.99 Total Amount Earned This Period $ 50,135.64 Plus Previously Invoiced 13,313.40 Total Amount Earned To Date $ 63,449.04 Less Previously Invoiced 13,313.40 AMOUNT DUE THIS INVOICE =,!$~=50;!,:.13=5~.64=fJJ(', ~ I'l-f,I 5>'l1: 11.Jf7(6'1Tbi' Hsrn COIIIPlfllit's I:I~i i =J Expense Task Distribution 4E The HNTB C.fJmpanles by Job, Phase, Segment 10/23/2004 -11/19/2004 CENTRAL DIVISION Job 40316 Beltline Road Rehabilitation EtO 01735 Benjamin J. Biller Ole 003 Phase eN CONSTRUCTION PM 13674 Jerry Dale Holder Ole 003 Seg 001 Construction Services BO Dallas TX Ole 003 Contracting Entity HNTB CORPORATION TaskIDescrlpllo" DB ~Olc E~:t!Ve Journal Name _D_es_c_rl.;..p_tto_"______________A_m_o_u_nt_ E020 MATERIALS AND SUPPLI CE HI 134 11/15104 Payables LONE STAR OVERNIGHT -3079584-8.49 Journal for NOV·2004 Total -Task E020 MATERIALS AND SUPPLI 8.49 E027 TRAVEL CE HI 134 11/16/04 JE 11·017 OCTOBER MILEAGE 253.50 Total -Task E027 TRAVEL 253.50 Total-Expense Charges 261.99 • COpies of Original Substantiation for Subsistence required by IRC 274(d) are available. Run Bv Sharon Barrv on 12103104 03:01 PM 44E Jo!)"40316, Firm=HI, Billing Division=CE, Billing Offic9=%, From 0819=10/2312004, To Page2of4 BILL41:I~ii=J Billing Report By Segment .r~..~ HNTB Companies Direct Payroll 10/23/2004 Thru 11/1912004 Job 40316 Beitline Road Rehabilitation SO Biller, BJ (01735) Ole 003 Ph Seg eN-DOl Construction Services P/M Holder, JD (13674) Ole 003 BIO DallasTX Ole 003 B/F HNTB CORPORATION Emp Shift Transxn Ole EmpNo Employee Firm Code Type Rate Hours Amount Remarks 003 13669 Filer, Daniel J HI 23.80 12.00 285.60 Regular HI 23.80 3.00 71.40 Reg-OVI 003 13674 Holder, Jerry D HI 61.91 42.00 2,600.22 Regular HI 61.91 4.00 247.64 Reg-OVI 003 13791 Forbes, William S HI 53.85 26.00 1,400.10 Regular 134 23242 Ebeling, Michael W HI 57.51 120.00 6,901.20 Regular HI 57.51 89.00 5,118.39 Reg-OVI Total Labor Distribution Billing Item: 40316-CN-001 200.00 11,187.12 Regular 96.00 5,437.43 Reg-OVI 296.00 16,624.55 Total Run By Sharon Berry on 1:2103J04 02:59 PM Month End DaI~1111912004.~1S.FIlfTI=HI. Billing OM$ion::::%, Slliing Office",%, PM OfIb:::%, Pl'Qject Manager",,%, Bil1ino uval..De!ault, Bill wilh DPE..Delault, Suppress Priming=NoSuppmss Page 1013 SECTIONCA CONTRACT AGREEMENT SECTIONCA CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DALLAS TIllS AGREEMENT is made and entered into this 12th day of October , 2004, by and between the Town of Addison, of the County ofDallas and State of Texas, acting through its Mayor or City Manager, thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and AP AC -Texas, Inc. , of the City of Dallas • County of Dallas , State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payment and agreement hereinafter mentioned, to be made and performed by the OWNER, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete construction of certain improvements as follows: BELT LINE ROAD PAVEMENT REHABIT..ITATION FROM MARSH LANE TO THE DALLAS NORTH TOLLWAY, and all extra work in connection therewith, under the terms as stated in the General and Specific Provisions of the AGREEMENT; and at his own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto and in accordance with the Advertisement for Bids. Instructions to Bidders, General Provisions. Special Provisions. Plans, and other drawings and printed or written explanatory matter thereof, and the Technical Specifications and Addenda thereto, as prepared by the OWNER, each of which has been identified by the endorsement of the CONTRACTOR and the OWNER thereon, together with the CONTRACTOR's written Proposal and the General Provisions, all of which are made a part hereof and collectively evidence and constitute the entire AGREEMENT. The CONTRACTOR hereby agrees to commence work within three (3) calendar days after the date of written notice to do so has been given to him, and to complete all work within twenty-five (25) calendar days after he commences work, subject to such extensions or reductions oftime as are provided by these Contract Documents. The OWNER agrees to pay the CONTRACTOR .$730,766.00 in current funds for the performance of the Contract in accordance with the Proposal submitted thereof, subject to additions and deductions, as provided in the General Provisions, and to make payments of account thereof as provided therein. CA-2 IN WITNESS THEREOF, the parties of these presents have executed this AGREEMENT in the year and day first above written. TOWN OF ADDISON ArrEST: (OWNER) B-;: 1<04... WlUi;Q~ C,~City Secretary ~ APA C -Texas, Inc. Party of the Second Part (CONTRACTOR) ArrEST: By: Steph n D. Millin ton Secretary/Treasurer Area Manager III The following to be executed ifthe CONTRACTOR is a corporation: Stephen D. I, Millington , certify that] am the secretary of the corporation named as CONTRACTOR herein; that Kirk D. Morris , who signed this Contract on behalf of the CONTRACTOR is the Area Manager III of said corporation; that said Belt Line Road Pavement Rehabilitation From Marsh Lane to Dallas North Tollway Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope 0 its corporate powers. Signed::_~~~,...A.LJJ!1~:::::::::=-_ Steph D. Millin ton Corporate Seal· Secretary/Treasurer CA-3 SECTIONPrB PERFORMANCE BOND PrB·1 Bond No.: 14-029-075 SECTIONPrB PERFORMANCE BOND STATE OF TEXAS COUNTY OF DALLAS Date Bond Executed: October 12, 2004 PRINCIPAL: APAC -Texas"',..=In""c"'-,____________________ SURETY: Liberty Mutual Insurance Company, Federal Insurance Company and Travelers Casualty and Surety Company of America .. ..________ PENAL SUM OF BOND (express in words and figures): Seven Hundred Thirty Thousand Seven Hundred Sixty-Six Dollars and 00/100 ($730.766.00) DATE OF CONTRACT: October 12,2004 .._______________ KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held firmly bound unto The Town ofAddison, Texas, hereinafter called the OWNER, in the penal sum ofthe amount stated above, for the payment ofwhich sum and truly to be rnsde, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas the PRINCIPAL entered into a certain Contract with the OWNER, numbered and dated as shown above and attached hereto; NOW THEREFORE, if the PRINCIPAL shall well and truly perfonn and fulfill all the undertakings, covenants, tenns, conditions and agreements of said Contract during the original term of said Contract and any extension thereof that may be granted by the OWNER, with or without notice to the SURETY, and during the life of any guaranty required under the Contract, and shall also well and truly perfonn 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 of said SURETY being hereby waived, then this obligation to be void, otherwise in full force and effect. PrB-2 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. SEAL WITNESS ~'V~~ Stephen D. M~llington\ ' ATTEST: ~ /a.---/APAC -Texas, Inc. ::'7laKirk D. ~ Address: _P.O. Box 224048 Dallas, TX 75222-4048 Libertv Mutual Insurance Company SURETY By: Lorrie Scott, Attorney-ill-Fact Federal Insurance Company SURETY Lorrie Scott, Attorney-In-Fact Travelers Casualty and Surety Company ofAmerica SURETY k!; ~tt/By: Lorrie Scott, Attorney·ln-Fact Address: 4021 Hwy 377 South Fort Worth, TX 76116 (Surety to Attach Power ofAttorney) PrB-3 CERTIFICATE AS TO CORPORATE PRINCIPAL Stephen D. Millington I, ... , certifY that I am the secretary of the corporation named as PRINCIPAL in the within bond that Kirk D.' Morris , who signed the said bond on behalf of the PRINCIPAL, is the Attorney-In~Fact ,. o.fsaid corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by anthority of its governing body. (Corporate Seal) r Stephen D. Millington Secretary/Treasurer SECTIONPyB PAYMENT BOND PyB-1 Bond No.: 14-029-075 SECTIONPyB PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS Date Bond Executed: October 12,2004 PRINCIPAL: APAC -Te:x,,,,,a,,,,s,,-,In~c.~____________________ SURETY: Liberty Mutual Insurance Company, Federal Insurance Company and Travelers Casuatly and Surety Company ofAmerican PENAL SUM OF BOND (express in words and figures): Seven Hundred Thirty Thousand Seven Hundred Sixty-Six Dollars and 001100 ($730.766.00) DATEOFCONTRACT:O~ct~ob~~~12~,~2~0~04~______________________________ KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held finnly bound unto The Town ofAddison, Texas, hereinafter called the OWNER, in the penal sum ofthe amount stated above, for the payment ofwhich sum and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas the PRINCIPAL entered into a certain Contract with the OWNER, numbered and dated as shown above and attached hereto; NOW THEREFORE, if the PRINCIPAL shall promptly make payment to all persons supplying labor and materials in the prosecution of the work provided for in said Contract, and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the SURETY being hereby waived, then this obligation to be void, otherwise to remain in fuJI force and effect. PyB-2 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority ofits governing body. SEAL WITNESS ~-1) 1MM Stephen d. M llington ~ SEAL /ATIEST:~ r P.O. Box 224048 Dallas, TX 75222-4048 Liberty Mutual Insurance ~ornp!ln'£ SURETY By: Lorrie Scott, Attorney-In-Fact Federal Insurance Company SURETY By: Lorrie Scott, Attorney-In-Fact Travelers Casualty and Surety Company ofAmerica SURETY By: _-'-"~~~L..(.!,'f~'-,-,l~,-,",,()',-,-,-t-_. Lorrie Scott, Attorney·Jn-Fact Address: 4021 Hwy 377 South Fort Worth. TX 76116 (Surety to Attach Power ofAttorney) PyB-3 CERTIFICATE AS TO CORPORATE PRINCIPAL Stephen D. MillingtonI, , certify that I am the secretary of the corporation named as PRINCIPAL in the within bond that Kirk D. Morr is , who signed the said bond on behalf ofthe PRINCIPAL, is the Attorney-In-Fact said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duIy signed, sealed and attested for and in behalf of said corporation by authority of its governing body_ PyB-4 SECTIONMB MAINTENANCE BOND MB-l Bond No.: 14·029-075 SECTIONMB MAINTENANCE BOND STATE OF TEXAS COUNTY OF DALLAS That APAC -Texas, Inc. as principal and Liberty Mutual Insurance Company a corporation organized under the laws of Massachusetts and Federal Insurance Company, a corporation organized under the laws of Indiana and Travelers Casualty and Surety Company of Aqierican ,a corporation organized under the laws of COlll1ecticut as sureties, said sureties being authorized to do business in the State of Texas, do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of Addison, Texas, a duly incorporated home rule municipal corporation under the laws ofthe State of Texas, the sum of Seven Hundred Thirty Thousand Seven Hundred Sixty·Six Dollars and 00/100 ($730,766.00) for the payment of which sum will and truly to be made unto said Town of Addison 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 said: APAC -Texas, Inc. has this day entered into a written contract with the said Town of Addison to build and construct the BELTLINE ROAD PAVEMENT REHABILITATION FROM MARSH LANE TO THE DALLASNORTHTOLLWA~Y~.______________________ MB-2 which contract and the Plans and Specifications therein mentioned adopted by the Town of Addison, are hereby expressly made a part hereof as though 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 acceptance, and to do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of the same, or on account of any breaking of the same caused by the said Contractor in laying or building the same, or on account of any defect arising in any of said part of said work laid or constructed by the said Contractor; it being understood that the purpose of this section is to cover an defective conditions arising by reason of defective materials, work or labor performed by the said Contractor; and in case the said Contractor shall fail to do, it is agreed that the City may do said work and supply such materials, and charge the same against the said Contractor and sureties on this obligation; and the said Contractor and sureties hereon shall be subject to liquidated damages of $1,000.00 for each day's failure on its part to comply with the terms ofthe 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 presenta shall be null and void and have no 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 Town of Addison shall have and recover from the Contractor and its sureties damages in the premises, as provided, and it is further understood and agreed that this obligation shall be a continuing one against the principal and sureties hereon and that successive recoveries may be had hereon for successive breaches 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 shall not be changed, diminished, or in any manner affected from any cause during said time. MB-3 ---------IN WITNESS WHEREOF, the said APAC-Tex(l,13, Inc, has caused these presents to beexecutedby Kirk D. Morrjsandthesaid Kirk D. Morris has hereunto set his hand this the 12ttday of..Qtlpber , 20M. PRINCIPAL B;P~ /Kirk D. Morris ~·J2a~ ~ Stephen D. Millington SEAL AITEST:~Q-Jr Liberty Mutual Insurance Compfu1Y SURETY By: Lorrie Scott, Attorney-In-Fact Federal Insurance Company SURETY ~. (?'/IBy:W'!t" L..l?ait Lorrie Scott, Attorney-ln-Fact Travelers Casualtv and Surety Company ofAmerica SURETY By: Lorrie Scott, Attorney-In-Fact Address: 4021 Hwy 377 .South Fort Worth, TX 76116 (Surety to Attach Power ofAttorney) NOTE:Date ofMaintenance Bond must not be prior to date ofContract. This Power of Attorney limits the acts of those named herein! and they have no authority to blnd the Company except in the manner and to the extent herein stated. 1163313 LIBERTY MUTUAL INSURANCE COMPANY BOSTON. MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Ccmpany (the "Company'), a Massachusetts stock insurance company. pursuant to and by authority of 1he By-taw and Authorization hereinafter sel forth, does hereby name, constitute and appoint UNDA EDWARDS, ROBERT C. FRICKE, BETTYE ANN ROGERS, JAMES F. SIDDONS, ROBERT C. SIDDONS, STEVEN B. SIDDONS, DOUGLAS J. WEALTY, HOLLY A. GRAVENOR, LORRIE SCOTT, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS............. , ........................ : •••, ............ ~............. , ............................. ; ................... ; .............................................. . , each individually if there be more than one named. its Uue and lawful atton1ey~in.fact to make, execute, seal, acknowledge and deliver, for and on its behalf as sure and as its act and deed, any and all unde.r:takings, bonds. recognizances and other SUfety obl.igations in the penal sum not exceeding mlWENTY·RV ILLION AND OOI100·_··.. ......... DOLLARS ($ 25.000,000.00..... ) each, and the execution of such undertakings, bonds, recognizances (UJd other surety obligations, il1-pursuance-of these presents, -shall be as binding upon the Company as if they had been duly signed by thEtpreSident and attested by the secretary olthe Compan~ in their own proper persons, That this power is made and executed pursuant to and by authority of the following By.la~ and Authorization: ARTICLE XIII -Execution of Contracts: Section 5. Surely Bonds and Undertakings. Any officer of the Company ~authorized for that purp"ose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-ln~fact. as may be necessary to act in behalf of the Company to make, ~ execule, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligatrons. Such "C =-attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their U) a.~ signature and execution of any such instruments and to attach thereto the seal 0 f the Company, When so execute d such'rnstruments shalI be :~ (U as binding as if Signed by the president and attested by the secretary. 'CD "D • ~ .lI! I By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .Jl i~ ~ .Jl -Pursuant to Article XIII, Section 5 of the By-Laws, Timothy C. Mulloy, Assistant Secretary of liberty Mutual Insurance Company, is hereby _~ £! authorized to appoint such attorneys-in-fact as may be necessary to act In behaff of the Company to make, execute, seal, acknowledge and ~ ;; ~ deliver as surety any and an undertakings. bonds, recognizances and other surety obligations. i 0I!! 01 .. t-U Q.) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. a;-ffi-0': m E E .... > IN WITNESS WHEREOF, this Power of Attorney has been subscnbed by an authorized officer or official of the Company and the corporate seal of O:a. ~iii L,berty Mutual Insurance Company has been affixed thereto in Plymoulh Meeting, Pennsylvania this 28th day of January • ::; 0 -'" ::J 2003 ... '" ..c~ ~!LIBERTY MUTUAL INSURANCE COMPANY _ w ,2 I!! Iii aro ~:tl. ,. Qb~_ 0 E g~ ~r.,, first above written, ~ ~,~ONWl:4 <:'((" E Oft ~ ii ::: 8 (~ ~ -I ..NOlflJo.O!~-";r:.. ,,: .k-,.. .. ' IA .:£:! _ t: -_. TI:!L$;\ i;'a4(eill;i, "Qh"'f F::.;h:ic f/j ~." ..__. -, _-ii" +-II ........~ o ::::11 . -1-' Plymchih Twp., M6n;IJ°'f"Dl)'¢o;""ty ::::5::;;::"7;'=~""'i.:;:=;i':'=.---------Co 'j'BII -,~"",.;:;.-z (): ._; '.£ -. -___. c~/·-fCC!lj,*:is.'ii>CJ}E~r-lr",s:f.'ar_'i~.?j)D5: " Mc,'1lw', ~:,!nf,,,,{"'Ma Ao;sOCj,lForl or ;{():~(t,t Teresa _Pa~ena, Notary Pubhc (.) ,...0<9 t-...CERTIFICATE I, the undersigned, Assistant ecretary of ci~berty Mutual Ins~rance Company, do-hereb;t"certify that the original power of attorney of which the foregoing IS a full. true and correct copy, is in fuli :torce and effect on the, date of this certificate; and I -do furthe(certify that the officer or official who executed the said power of attorney Is an Assistant Secretilry specially-a4thorized by the chaIrman or the-president to appoint attorneys-in-fact as provlded in Article XIII. SecUon 5 of Ihe By-laws 01 LibertyMutuallnsurance Company, This certificate and the above power of attorney may be Signed by facsimile or mechanically reproduced signatures under and by authority of 1he following vole afthe board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy 01 any power aT attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company wi1h the same force and effect as though manually affixed. IN TE~WERE~~r.reuntosubscribed my name and aNixed lhe corporate seal of the said company, this __L~L.{t=-,l._"'___ day of By VL./.'..?/LJo~e,Assislanl Secretary POWER Federal Insurance Company Attn.: Surety Department......... Chubb OF Vigilant Insurance Company 15 Mountain View Road ~Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 C. wetIdei; SSlStant SecretaJY ~All by n-~,1baI FEDERAL MURANCE COMPANY, an Indiana CCijlOllllb., VIGILANT MURANCE COMPANY, a New YOI!< ccrpo!lIIIon,and PACIFIC N1EMNITYCOMPANY,a _aln~,do """" herebyoonetituleand appoint Steven B _ Siddons, Lorrie Scott and Holly A. Gravenor of Ft. Worth, Texas ---------"""" as their tnJe and laWful Attomey.ln.Fact to _eunder IUCh clesIgnatlon In their names and to affIX !heir corporate seals 10 and deliver for and on their behaK as aul1!ty Iheneon or oIherwtae, bonds and undertakings and oIher wriIlngs obligatory In the nature theneof (other than ball bonds) given or _ In the counae of bUsIness, and any lnatrumenls amending or altering the same, and conaanls to the modIr...rion or alteration of any lnatrumenl rat'erned to In said bondls or obligations on _"of APAC-Texas, Inc_ In oonnaclion with bids, proposals or contracts to or with tha UnHad Slates of Amen.:a, any stale or poIH1ca1 auIxlMsion lIlereof or any person, nnn or ccrpo!lIIIon. And the IIlIA!<>IJtion of IUCh bond or obIIga!ton by auch Attomey.In Fact In the Company'll name and on Ite behalf as sul1!ty!heron or oIherwtae, under Ite corporate seal, In piJIlIuance of the auIhorIty hereby oonferned shall, upon delivery Iherof, be vand and binding upon the Company. In WItne.. Whereof, said FEDERAL MURANCE COMPANY, VIGILANT M;\JRANCE COMPANY, and PACIFIC NIEMNITY COMPANY have each _ and _theseprNenIs and afrlXed their corporate seals on IIlls 1s t day of J u 1y, 2004 ~-&..l;~~..r ,,'liliS1de!1i STATEOFNEWJERSEY} .., OountyIf!lo!il""'OT~'A~I!/'fs NoIaIyu:e......... --.. No. 2229941 Commlll8lon ExpIIeB Sap!. a,1IOOIt ic CERTIFICATION Extract from lIle By..Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: ·AII powen!I 01 attorney for and on behaW 01 tha Company may and shall be _ In tha name and on behaW of the Company, either by lIle Chelrman or the PRISiden! or a VIce President or an _ VIce President, jointly with the secretary or an AssIstant Secretory, under their respective designations. The slgnatulll of IUCh ofIIceIs may be engraved, pIInted or IIIhogrsphed, The signature of each or the following ofIIceIs: Chalnnan, President, any VIce President, any Assistant VIce PresIdent, any Secn!Iary, any Aasiolant secretary and the seal 01 the ComPllny may be affixed by facsimile to any poIMI!i' of ItIomey or to any eel1lllcate relating thereto appoIntlng Aaslstahl Secretarfes or Attomeys-In.Fact for purposes only of _ngand etteatIng bonda and underlaldr\9S and _ wrftlngs obligatory In the nature theneof. and any ouch poIMI!i' 01 attOll1ll)' or "",U_ bearing such facslmIIo algnalure or facslmIIo _I shall be valid and binding upon the Company and any such poIMI!i' so -.-and ceIIiIIed by IUCh facsimile IIIgna!urs and facsimile _I shall be vaUd and binding upon the Company with respect to any bond or u_u_klng to which HIa attached.. I, Keniielh c. wende!, Asslslantsecretary or FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACFIC INDEMNITY COMPANY (the ·Companlesj do ~certify thai (l) the foregoing _ of lIle By-Laws ofthe companies Is 1M! and CDmICI, (I~ the Compa"les n cUy licensed and __10 1n1nsac11IlIOty __ n aB 50 d the Unled states d America and the Il!sblc! of CcUnbIa and are __bythe U. S. TI8iIS<.Iy Dopa!!",.n!; fUrther, Federal and VIQIIanI .... 1Icensed n PuofIo Rk:c and the U. S, Vi'gIn Islands, and Fedelalia licensed nAmerican Samoa, Guam,and each dthe _orcanada e>«>ep! P!h)e Edwald Island; and . (III) the fcngolng Power or AttorneY Is tnJe. CDmICI and In run force and effect, I I i Given undef my hand and seals or said CompanIes at Warren, NJ this l!Jt'h day or ~211:2 ~ Ksnnath C. wellde!~secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM. VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER. PLEASE CONTACT US AT ADDRESS LISTED ABOVE. OR BY Telephone (908) 903-903-3485 Fax (908) 903-3656 &-mall: surety@chubb.com TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATIORNEY AND CERTIFICATE OF AUTHORITY OF ATIORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS. THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. corporalions duly organized under the laws of the Slate of Connecticut, and having their principal offices in the City of Hartford. County of Hartford, Stale of Connecticut, (hereinafter the "Companies"l-hath made, constituted and appointed, and do by Ihese presents make, constitute and appoint: Holly A. Gravenor, Lorrie Scott. Steven B. Siddons, of Fort Worth, Texas. their true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrumem(s): by hislher sale signature and act, any and all bonds, recognizances, COntracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and (0 bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the aclS of said Attorney(s)-in-Facl. pursuant to the authority herein given, are hereby ratified and confirmed. . , ' This appointment is made under and by authority of the following Standing Resolutions of said Companies. which Resolurions are now in full force and effect: VOTED: Thal the Chainnan. !..he President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assisranl Treasurer. the Corporate Secretary or any Assistant Secretary maY,appoint Altomeys~in~Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Compony's name and seal with the Company's seal bonds, recognizances, contracts of indemnity. and other writings Obligatory in !.he nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any lime may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan. the Presidenl, any Vice Chaionan, any Executive Vice President, any Senior Vice President or any VlCC PreSIdent may delegale all or any part of the foregoing authority to one or more officers or employees of lhis Company, provided that each such delegallon :5 in wnting and a copy thercofis flied in the office ofthe Secretary. VOTED: That any bond, recognizance, contract of indemnity. or writing obligatory in the nature of a bond. recognizance, or condttlonal undenaking shall be valid and binding upon the Company when (al signed by the President,any Vice Chainnan, any Executive Vice PreSldent. any Senior Vice Presidenl or any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by. Secretary or Assistant Secretary. or (b) duly executed (under seal. if required) by one or more Attorneys-in-Fact and Agents purslWlt to the power prescribed in his or her certificate or their certificates or authonty or by one or more Company officers pursuant to a written delegation of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of tbc following Standing Resolution voted by tbe Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of eaeh of the rollowing officers: President, any Executive Vice President, any Senior Vice President, any Vice President. any Assistant Vice PreSident, any Secretary. any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any power of attorney or to any tertificate relating thereto appointing Resident Vice Presidents, Residenl Assistant Secretanes ar AttorneYS-In-ratt for purposes only or executing and auesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of anamey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so execuled and certified by such facsimile signalure and facsimile seal shan be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (' 1-00 Stand.;;rd) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 24th day of April 2001. STATE OF CONNECTICUT TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY )SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF J-lARITORD By George W. Thompson Senior Vice President On this 24th day of April, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: Ihal he/she is Senior ViCe Presidenl of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said inslrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions Ihereof. ~'T';;O'"/;ir~ ""~ ~ :~~,:'."";)J\ ~CL~ ..... My commission expires December 31, 2002 Notary Public~ Carol A. Thompson CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCA. TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Atlorney and Cenificate of Authority remains in fuJi force and has not been revoked; and funhermore. that the Standing Resolutions of the Boards of Directors. as set forth in the Cenificale of Authority. are now in force. Sij,n.d .an~ S"}led ai the Home Office of the Company. in the City of Hartford, State of Conneclicut Dated this I£~ day of :dI~,6~r .:;:w ~ By=riM-M-~ Kori M. Johanson Assistant Secretary, Bond ~Liberty ~Bond Services~ ManDer of Uberty Mutual Group Important Notice TO FILE A NOTICE OF CLAIM: On a Bond issued by LIBERTY MUTUAL INSURANCE COMPANY you may contact: Uberty Bond Services Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 (610) 832-8240 This notice is for information purposes only and does not become a part of or a condition of the attached document It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 ....TravelersJ IMPORTANT NOTICE TO OBTAIN L"IFORMATlON OR MAKE A COMPLAINT; You may contact Travele1-s Casualty & Surety Company of America, Travelers Casualty & Surely' Company, Travelers Indemnity Company, Standard Fire Insurance Company 'OdlOT FlU'mington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claim, 1500 Mark<:t Street WeJ! Tower, Suite 2900 Philadelphia, PA ]9102 (267) 675-3130 (267) 675-3102 Fax You may comact the Texas Department oflnsurance 10 obtain the information on companies, coverages, right$ or complainu at: Texa, Department of Insurance P.O. Box 149104 Au!till, TX 78714.91 04 (800) 252-3439 . ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and doe, not become a pAn or a condition orlhe attached document and is giyen 10 comply with Section 22SJ·OZl, Government Code, lI.lld Section 53,202, Properly Code, effective September 1, 200I NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 -(referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Uberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by anyone or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/03 Received' t,IAR 04 10,42A' Fox Station: FRAW' N NSURANC • F ,RTH , 4 2003-03-04 10;51:13 ET 004 of 41200042221 To: Department ..----...,~Thavelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses, Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible, Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted), Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium, ThiS Notlea pertains to the following Surety acmd Issu.ed by a member Insurer of the Chullb GrQup of Insurance Companies. Including FoderallnsUl'llnce Company. Vigilant Insuranc:e CQmpany Bnd Paclfic Indemnity Company. Bond NLimber: 14':'029-075 POLICYHOLDBRDISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You a.re hereby notified that pursuant to the Temris:m Risk Insurance Act of 2002 (the "Act'') effective November 26, 2002, we a.re making available to you coverage for losses arising out of certain acts of international terrorism. Terroris:m is defined as any act certified by the Secretary ofthe Treasury. in concurrence with the Secretary of State and the Attorney General of the United States. to be an act of terrorism; to be a :violent act or 3ll act that is dangerous to human life, property or infrastructure; to have resulted in demage within the United States, or outside the United States in the case of an air carrier o. vessel or,the premises of a United States Mission; and to have been oomnrltted by an individual or individuals acting on behalfof any foreign person or foreign interest, as pm of an effOrt to coerce the civilian population of the United States or to influence the policy or affect the conduct oCthe United States Government by coercion. Coverage for acts ofterrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any IO~e5 caused by acts of temris:m covered by your Surety Bond will be partially reimbursed by the United States under the fonnuIa set forth in the Act. Under this formula, the United States of America pays 90% of covered tenorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes oflasa when we calculated your premium. If you have any questions about this notice, please contact your agent or broker. The HNTB Companies 5910 W Plano Parkway Telephone (972) 661-5626 Engineers Archi:eds Planners Suite 200 Facsimile {972l 661·5614 Plano. TX 75093 www.l'intb.com June 17, 2005 HNTB Mr. Steve Chutchian, P.E. Assistant City Engineer Town of Addison P.O. Box 9010 Addison, Texas 75001-9010 RE: BELTLINE ROAD REHABILITATION HNTB PROJECT NO. 40316 Dear Mc Chutchian: Enclosed please find our Invoice Numbers 8-40316-CN-OOl for professional selVices in connection with the above referenced project. If any further information is necessary to process these invoices for payment, please feel free to contact Scott Forbes at 972-661-5626. Sincerely, HNTB CORPORATION Benjamin J. Biller, P.E. Vice President, Central Division BJB/sso Enclosures cc: Scott Forbes -Plano Finance HNTB Corporation -Project Status Report Project: Beltline Road Pavement Rehabilitation (Marsh Lane to Dallas North Tollway) Cli~nt: Town of Addison, Texas .l-1epo~ No.: 7 •Time Perio~.: . • April 30, 2005 through May 27, 2005 ":', .." Pr!!pared;By: .: WSF • Contractor working on the project punch list to complete the project .·1 • Meeting with Town and Contractor to discuss construction pay estimate and project closeout Wor,lf$~hedulec:!to l)e.Performed During Ne;~fRepC:irtf1er,iod . . ... , 'j ,;: " • Assist Town with project closeout • Deliver to Town all relevant construction documentation generated as a result of the project. HNTB Page 1of 1 TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO Check $ 22. 79',2.(Claim #DATE: Vendor No. Vendor Name Address Address Address Zip Code TOTAL ~~. Authorized Signature Finance HNTB Correspondence Address: 5910 West Plano Parkway, Suite 200 Plano, TX 75093 Invoice No. 8-40316-CN-001 June 17, 2005 TOWN OF ADDISON Steve Chutchian, P .E. Assistant City Engineer P.O. Box 9010 Addison, Texas 75001-9010 In Account With HNTB CORPORATION Remittance Address: P.O. Box 802741 Kansas City, MO 64180-2741 MAXIMUM: $ 97,502.00 Professional services in connection with the construction services for the Seltline Road Rehabilitation. For the period: April 30, 2005 through DIRECT PAYROLL COSTS {Detail Anached}: $ 759.52 x REIMBURSABLE EXPENSES {Detail Attached: $ 0.65 x 3.00 1.00 Total Amount Earned This Period Plus Previously Invoiced Total Amount Earned To Date Less Previously Invoiced AMOUNT DUE THIS INVOICE May27,2oo5 $ 2,278.56 $ 0.65 $ $ 2,279.21 93,787.41 96,066.62 93,787.41 BILLING REPORT . BILL4 By Segment =-tNTB Direct Payroll Dates: 4130/2005 through 5/2712005 Job Ph Seg 40316 CN-OO1 Beltline Road Rehabilitation Construction Services ElO P/M BlO BIF Biller, BJ (01735) Forbes, WS (13791) DallasTX HNTB CORPORATION Ofc Ofe Ole 003 003 003 Ofe EmpNo Employee Emp Firm Shift Code Transxn Type Rate Hours Amount Remarks 003 003 003 13674 Holder, Jerry D 13791 Forbes, William S 13S17 Sanford, Debra HI HI HI 63.77 63.85 24.04 9.00 3.00 1.00 573.93 Regular 161.55 Regular 24.04 Regular Total Labor Distribution Billing Item: 40316·CN-OOl 13.00 759.52 Regular Run By Karen K. cain 00 0610110507:19 AM Month Erid !:.>ate=SI2712OO5, Job::.%, ArTl\=;HI, Bgling Oivisfoo",%,. Billing Offie&:OO3, PM Offica=%, PrOject·Ma.nagei\l:< %. BKlIng l6Vet..oetauit. Blli with D?E.. Oefattt, Suppmss Printl~oSuppr&SS '11.4.13 Page 195 of215 BILUNG REPORT 4E by Job, Phase, Segment c-INTB Expense Task Distribution, Dates: 0413012005 through 0512712005 Job 40316 Phase CN Sag 001 Beltline Road Rehabilitation CONSTRUCTION Construction Services EtO 01735 Benjamin J. Biller PM 13791 Wliliam Scot! Forbes BO DallesTX Ole 003 Olc 003 Ole 003 Contracting Entity HNTB CORPORATION Task/Description Effective DB Fi Ole Dale Journal Name Description Amount E021 PRINT, REPRO, AND RE CE HI 003 05127/05 Payables Journal ABC IMAGING INC,-0830867-Reproductionfor MAY-2005 Charges om CE HI 003 05127/05 Payables Journal ABC IMAGING INC.-0842.705-Reproductionfor MAY-2005 Charges 0.58 Total -Task E021 PRINT, REPRO, AND RE 0.65 Total -Expense Charges 0.65 .. Copies of Original Substantiation for Subsistence required by IRe 274{d) are available. Run By Deanna Vaughan on 06101105 10:51 AM ..101:).,,%, Firrn::o%, Billing OMsiclP<%, BilIng: OffiCS=OIJ3, From Dat~To DatG!:5l27!2005, E>pense leve! .. Dsfault, Salt 8y=J0\) Number, Suppmss Print[ng=NoSupp~ v1.4.13 Page 216 of 234 June 15, 2005 John, below is a list ofevents in chronological order that occurred on the Beltline Road Rehabilitation Project. September 21, 2004 -Mandatory Pre-Bid Meeting September 28, 2004 -Bid Opening October 12, 2004 -Contract with APAC approved by Council (Item #R12) October 14, 2004 -Preconstruction Meeting October 17, 2004 -Started Construction at 10:00 p.m. No aspbalt paving, only concrete milling. (John, we have our inspectors nightly diaries ifyou need that detail in the future.) October 21,2004 -Started asphalt paving. (First night). October 22, 2004 -Jerry Holder spoke with Pavetech International owner, Mr. Bob Ricard (sp?) concerning bumps in the first nights asphalt paving located at fabric locations. October 22,2004 -Jerry Holder and Michael Ebeling ofHNTB met on site with Randy Blackburn and Kirk Morris of APAC to discuss bumps. HNTB presented APAC with a copy ofthe PavePrep Application Procedure showing the amplitude setting should be set to its lowest setting. November 5, 2004 -HNTB letter sent to APAC ioforming them they need to submit a proposal plan ofcorrective action fur the first nights paving that was deemed unacceptable. We state that "any and all costs associated with this repair shall be borne solely by APAC" November 11, 2004 -APAC letter sent to HNTB stating they consider this a design problem and want HNTB to propose a solution November 12, 2004 -HNTB letter sent to APAC reiterating the November 5 letter. November 17, 2004 -APAC letter to HNTB stating their disagreement with November 12 letter and asking HNTB or Town ofAddison to inform them in writing what will be the acceptable, and reasonable, extra work needed for the disputed asphalt. November 19, 2004 -HNTB letter to APAC informing them it is their responsibility to submit a remediation plan and we do not consider this remediation effort "ema" work. November 23, 2004 -APAC requests to work during the day ofNovember 24, 2004 and shut down work after that until Monday night November 29,2004. AMO $1 a.110 1M" r :' !1.:.I.!3: --~ _. "' JOB, ,_T__1lMIIb1 2121 fMngISMf. ••0.8..22li04S DOlo.. T_ ~ Joe: T wei SA :!1 16'!.l1O $4.801.00 $\.00 H.8OI!.00 ~.OO $4,lI0II.00OO1r 11 illIG SA 10 78.00 le.oo ~1;24a00 10.00 $1,3411.00"~OO0019 THERIIOl'LA$nC REFLECToRIZI!l> frrR SA e 78.00 -.00 •.00 $SSO.OO 6,Q) •.00_00oiIId "lHiRI\IOI1l.ASl1Q REFLECTORIZEO eo SA 3 l!lO.DI'I _.00 3,00 _.00 aoo P~1MARKING CON11IIilIEflCY Ul 1 ~.OOIl.oo ....000.00 0,00 $0.00 lUll $0.00 LOOP DlTIt01'OR& SA 3de 11.00 'l,eea40 383.00 $2.'517.15 3/liJ.00 $3.811.15 FREIGHt ON ADCeO FAV PREp FABI!iO SA 1 l,l1Di'I.oo $1,900.00 1.00 $!,li00.00 1.00 $1,Il00.00 ~ 100MWORIi MILliNG ~s 23il!1O.oo $0.00 1.00 1113.$0,00 1.00 ~.OO = 0\I2!i IOOMWORIiA$P/W.rt.p_lc fiY 12m $0.00 4.$0.00 $IIe.see,oo 4;1\!Il.00 ••fl6II.OO 'R ji !W.7M !130W6 KCOM L~TEO ~.ao. ~]O I1IiTAliWlE a,OO!6~~< LEIltIOeoIJCTlON$ rooo $6.00 SUMOTAL fIl!!!.I!3O,BO fL$8.I!!d.B11 HNTB Corporation 5910W, PlanoPaOO'iay, Suite-ZOO Te!ep/lone !"') 661 • 5626 The HNTB Companies Plarm, TX 75093 F"""'" (972) 661 • 5614 Engineers Architects Planners www.h.nlb.eom VIA Mail Date: June 8, 2005 To: Mr. Steve Z, Cbutchian Letter of Assistant City Engineer MNTBTransmittal Town of Addison 16801 Westgrove Drive P.O. Box 9OtO Addison. TX 7500t·9010 Regarding: Final Affidavit and Release of Lien Rights and APAC Stalement dntcd 4130105 I ! I We are forwarding to you: Estimates Plans Prints Reports Shop Drawings Samples __ Change Order Disk Copy of !.;ltter Book Other Affldavft aoo Slalooient # of Co;>es Drawing # !.;lst Deted Code Description I J 5127105 Final Affidavit and Release of Lien Rights i 1 4130105 APAC Statement These are transmitted: For approval __ As requested Copies for distribution _,__ For your use Resubmit For Aeview &comment Aetum Copies for review No exception taken Corrected prints Submit Amend and resubmit Aejected Make correc~ons noted Please note: For your information. By: Copy Copy to, FINAL AFFlDAVIT AND RELEASE OF LIEN RIGHTS ...-.STATE OF \ ex Mus.b +0 O...Ib-s. N101/1A.I);-\ NOW KNOW YE THEREFORE, that the undersigned, (upon/a~kH 1ellgA) -J receipt of $ '1"'8 53D, co ,being payment in full (8ulYsiwe/inclusive)--I I of retained money, for all labor and/or materials f~hed by the said undersigned up to and including BVi'; I30 ,~_. the said undersigned hereby waives and releases any and all lien or claim of right of lien on said building or premises on account of labor and/or material furnished and further states that all taxes, State, Local and Federal, and all labor hired by him and all material purchased by him and used in the construction of said project have been paid in full and that the said undersigned will defend the owners of said building against any liens or other claims made by said laborers or suppliers of materials used in the construction of said building. This the day of Sworn to and subscribed before me this the 27th day of ........M""a..v:t-___' ~. Notary Public. State of T E X A S Ky COlDlllission Expires 11/13/07 ------t' -;--ITa!3] JOB# ;3I!29Sa T6)Ca$ Efitulithic DMslon 2121 l!'IingS..,. P.O;$ox 2Z404e Da~, T....1'5222_ JOB' TCWrlof Addison (214) 741-3531 PAX (214)742-:l54Q Bettlir'le Road Res\Jrfacitlg 10: Town Of Addison P.O. Box9010 AddiSon, Tx. 15001 ESTIMATI! ~ 1 REVISED FROM; fO; 4I3OIn~ APAC ITEM ITEM DESCRiPTIoN ~,,!ITOF MEASURS COf-ITRACT QUAmn'Y UNIT PRICE COI'l~A<)T AMOUNT Q~~ITY esTIMATE AMOUNT tHis ESTIMAtE QUANTITY TO D!!fE, I\.MSUNT r~~DAT-. 0 OOI::'...tI::' .t> ...... ,f"'O"""'''''. ov .,. ~ t"~QN\ f'Iil\ .. nAfV'> "A Al'\ .IItA .rtA"'''' ...... 0002 HOT 1.11)( ASPHALT typE 0 Sy 100,:300 4.00 S401,200.00 98,763.00 $395,052.00 9&,7€I3.OO $395,052.00 0003 PRIME dOAT (lAL. S,l00 0.45 $3,845.00 S,l00.00 $3,S45.00 8,100.00 $3,645.06 0004 PIWEM8NT WEOGE! MILLING S' LF 2<1,100 1.75 $35,175.00 20,100.00 $35,175.00 0\1,100.00 $$3,175.06 000il PIWEM8NT WEOGE! MILLING B' LF 18,:300 2.56 $45,750.00 lS,306.00 $45,750.00 1&,300.00 $45,750.06 000il PIWEMEINT Burr JOINT &INTBRSECTION SY ",ado 4.50 $29,700.00 6,600.00 $:29,100.00 ('1,600.00 $29.706.06 0001 REiIN~oRcED HIGH DENSITY STRESS LF 59,250 2.15 $127,387.50 57,165.00 $122,904.75 51,1Q3.00 $122,904.7$ 000il AilJ MANHOLE CASTINGS EA 15 3od.06 $4,$00.00 '5.00 $4,500.00 15.00 $4,000.06 ooos AIlJ VI'J.VE s6Xi!Os EA 54 1:'00 $59,985.00 ORIGINAL CONtRACt AMOUNT mb.765.00 WORK COMPLE.TED $7$1,530,60 s'ljl§,53(1.60 RETAINAon , • I to furnish labor and/or I13terials for a projeet loeatsd at _.___:::-~_ Bej± L:r)!~" R03H~I ttJJ; $o!\ ITe&> N'Ilf,,,L +0 D...\k NToIlI4~-1 \NOW Kl!OW IE THEREFORE, that the undersigned, (upon/.,h lei..) .-J receipt of • '1='8 51f>,CO ,being payaant in full (."d\l8t¥e/inc!usive)-I I of retained .oney, for all labor and/or ..teriala furnished b1 the salol undersigned up to and including Bf t; I.30 ,ai:ElQ$', the add under.ianed hereby walve. and release. any and all llen or cla!. of right of lien on aald bullding or premiaes on aecount of labor and/or material furnished and further atate. that all taxe., State, Loeal and 'ederel, and all labor hired by hl. and all material purehased by hta and used in the construction of laid project have been paid In full and that the laid undersigned will defend the owners of said building sgalnst any lien8 or other clai.. ..de by 8aid laborers or 8upplier8 of ..terials used in the con8truction of said building_ Th18 the day of Sworn to and aubacribed before lie th18 the 27th day of --iM",a...y,-__., ~. Notery PubUc, State of T E X A S Ify CoaIIIIiaaion E.xplr.. 11/13/07 f ; ~~: T__ J08. :3112968~ 2121 il\lln£'1lhd. P.O.s.._ 0liII0t. T_ ~404S JOB : Town of AdcIIeoo ' (214) 741-3531 ~A)((214)7_ --~ 10: T_"lrAddison P.o. e."'i1Ia AddIionr 1')(. 16001 ESTIMAni. 1 RiMiEQ FRdM: To:.wQIo$ rrEM OaSCRIPTfON QUAml1'Y R t.A REINP; llONct!EIfE B' Sy 35 A!lOU Q1JANTi1Y AMOUNT tHIS TO to ST' 1£ 0 e. oA U.40 H,04.00 11.40 ,1" eoo.OOCOO(;! HOT MI)(AllPHAl.TtvPE D fI'I 100.3<10 '.00 SMll,200.00 98,783.00 $3Ii5,~oo 11&.7«1.00 $3l!&,os;l.oo OOOI! PllIME OOAT GAL 8.100 0.4$ '3.646.00 "00.00 *,.645.00 1I,IC1l.CIl $3.645.00 0CI04 PAVEllOOWEOO!l MII.l.ING6' LF 20.100 1.75 $38,178.00 21).100.00 $3iS,175.oo 217.100.00 $36.175.00 oQQI! p,oWiMlillrW'liOOa MII.l.ING 6' LF ,g.3eQxU l!A 64 120.00 $7,6S(l.00 84.00 $7,eeo.oo 114.<1) $1._00 OO1d TRAfFIC CONTROl. LS 1 lo...noo $1e.soo.oo 1.00 110,600.00 1.00 $lo.eoa.1lO -001\ TRAfFIC MARi $3,210.00 9OEl00 tI,a20 •.CIl $3.3Ii3.20 001~ TRAFI'IC MARI(fRS .f' R6UNO EA 1,$50 2.110 $20,410.00 9,34[).00 $24.2!l4.OO IU4o.oo ~.:2S,UlO 0013 THERMOPt.M!10 REFLECTORlmD STO LF 1,78$ 4.70 $Il,248.15D 1.450.00 "'.'5,00 i.4StJ,m $6.&15.00 0014 PJ'lNTED REFi.I!CTORIzED CROSSWALK LF :1.9110 1.0$ $3,10'1.1" 3.100.00 t'l,25I!00 ",l00.W $3,255.1lO 0015 THERIIIOPt.M!1C REFLECTORlmD PtI LF ,,1~ 2.10 $3.3Il:2.oo 1,2/)6.00 $2,718110 1,-'00 $3.71.~.BO 0016 THERMOPt.M!1C REFLECTORlmD wei EA· 31 155,00 $4,806.00 ~1.oo $4.8Il6oo "',00 $4.805.00 0011 TNERMOPt.M!10 REFLECTORiZe!l I.E EA 511 78.01) $4,368J.10 511.00 $4,:!e8.00 56.!!) $4,•.00 IIb1d THElilMClPl.ASll¢ REFtECTORiZe!l RI(l fA 16 78.01) $1,248.00 16.00 .';248.00 $1,2411.00 0019 THeRMOPt.M!1C REFl.ECTORlZEo em EA 6 78.00 $468.00 5.00 5.00 $llOO.OO 5.00 13Ild.00''''1Il ob2a TNERMOPt.M!1¢ REFlECrommD ¢O Ill\. 3 lao.OO $390.00 3.00 $llOO.OO 3.(1) 13Ild.00 0021 PAVEIISllr_NGCON11N<3eNCV LS I 4.000.00 $4,(1)1).00 0.00 $0.00 O.CIl $0.00 llC22 LOOP otT!CtORS EA 308 •.05 $1,ee:UO 383.00 $2,:117.16 3813.00 $3.311.15 00'il FFlilGHt ON AOOEO PAY PREP FAeRie Ill\. I 1..900.00 $1,900.00 1.00 $l'soo'oo 1.00 il,ooo.oo 0024 IOORA ~MIU.IN -Di$aYIf;)amenl with . . TOO COLD {WeT : 15 days $10,000.00 $150,000.00 LOOP DETECTORS 2 days $10,000.00 $ . 20,000.00 . I . $170,000.00 -..,.... Total Cl@im for Additional Time & Work: $ 254,327.04 , I ----I. . " Total Disincentive:. I . : ,,-.................. ' .. .~... o ntract time 25 ~ Added bV anal, Orde 31 Tolal Contract Time : 28 . ~. Time Used oriProject . I -. 58 : :-Disincentive Oavs 3Q I .. I 30 ooys ··I@$~ 10,OOO.Oor'I $ 300,000:00 --;-~i ·n:HAL OISINCI:NI'lVE !Il 45672.96 April 29, 2005 APAC -Texas, Inc. Texas Bitulithic Division 2121 Irving Boulevard Dallas, Texas 75207 Attention: Mr. Kirk Morris Area Manager Re: Belt Line Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Final Pay RequestJProject Acceptance Dear Mr. Morris: We have met with the Town ofAddison staff and reviewed the latest punch list for the referenced project. The Town acknowledges that the punch list items have been satisfactorily completed and will submit this project to Town Council for acceptance upon receiving from APAC-Texas the fullowing documents: 1 -Receipt ofthe Affidavit ofBills Paid 2 -Receipt ofthe Surety Consent Form 3 -Agreed upon Final Payment Estimate You may submit to the Town fur review and consideration, your final payment estimate fur this project. As with any project, there needs to be an agreement reached as to final quantities and the amount ofthe final pay estimate fur the work penormed. We are requesting that you provide us for review a final pay estimate that includes all currently approved change orders. Our records indicate the following: Original Contract: $ 730,766.00 Change Order No.1: $ 1,863.40 Change Order NO.2: $ 1,900.00 Total: $ 734,529.40 The original contract time to complete the project was twenty-five (25) calendar days. Work began on October 17,2004 and ended on December 14,2004, a total offifty-nine (59) days. There were two time extensions given during construction: Three (3) days fur the delivery of new material, and one (1) day for Thanksgiving Day. This yields a total offifty-five (55) days, an overage ofthirty (30) calendar days beyond the allotted time in the original contract. As per the contract, there was a disincentive clause ofSlO,OOO per day. The total disincentive for the CijDot'lliW~"ff Wi" SdtmgtHftl1frhklfADDlSOA'GOf1iAJ,ai SafHlplT",.¥'¢m<:>' Imm"'l Fl1u,OiJ.;tW,./C' O!:!<;rJJ Aurp! J"rJjfflllr 11M Pdt,%,.SUing Office=OO3, From Date=4JZl2005, To Dafl:I=4fiW12OO5, Expense level",Qelault. Sort ey.Job Number, Supprass: Prfnting:.NoSupprsss 6 1 HNTB Corporation -Project Status Report Project: , 8eltline Road Pavement Rehabilitation (Marsh Lane to Dallas North Tollway) ! Client: Town of Addison, Texas • , Report No.: ! Time Period: April 2, 2005 through April 29, 2005 , Prepared By: .1 WSF IWork Starteddr Progressed ..... \ " • Contractor working on the project punch list to complete the project. \ Work Completed • Provided on-site inspection during construction. Contractor has completed replacing missing traffic buttons. Work Scheduled to be' Performed During Next Report Period • Assist Town with project closeout. • Deliver to Town all relevant construction documentation generated as a result of the project. HNTB Page 1 of! APAC contact Page 1 ofl Steve Chutchian From: Jeny Holder (JHolder@HNTB.comJ Sent: Tuesday, May 24, 2005 10:07 AM To: Steve Chutchian Cc: Scott Forbes; Michael Ebeling Subject: APAC contact Steve, here is Kirks' boss's name. Stephen B. Robertson -President 214-741-3531 hltp:flwww.aoac.comldivisions.asp?diy=2O Jeny This e-mail and any files transmitted with it are confidential and are intended solely for the use ofthe individual or entity to whom they are addressed. Ifyou are NOT the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying ofthis e-mail is strictly prohibited. 512412005 Beltline Road -APAC Invoice Page 1 ofl Steve Chutchian From: Jerry Holder [JHolder@HNTB.comJ Sent: Tuesday, May 17, 2005 3:45 PM To: Steve Chutchian; Jenny Nicewander; Chris Terry; jhill@cowIesthomps on.com Cc: Scott Forbes; Michael Ebeling Subject: Beltline Road -APAC Invoice I called Kirk Morris with APAC-Texas this afternoon and Inquired about the status of their invoice. He told me that he thought it had been sent. 1asked him to check into it because the Town had not received it as of this morning. He said he would do so and re-send it ifnecessary. I will contact you on Friday to see ifyou have received it and if not, I will be glad to follow up with APAC again if you want me to. Thanks, Jerry Jerry D. Holder, Jr., P.E. Director of Municipal SelVices HNTB Corporation 5910 W. Plano Parkway Suite 200 Plano, Texas 75093 Tel (972) 661-5626 Fax (972) 661-5614 www.hntb.com This e-mail and any files transmitted with it are confidential and are intended solely for the use ofthe individual or entity to whom they are addressed. Ifyou are NOT the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, disseminatiou, forwarding, printing, or copying ofthis e-mail is strictly prohibited. 511812005 TOWN OF ADDISON PAYMENT AUTHORIZATION MEMO Claim #~---:.____ CheckS 27) f?77, 3"DATE: Vendor No, Vendor Name Address Address Address Zip Code EXPLANATION Finance HNTB_ Corporation 5910 W. Plano Parkway Telephone (972) 661~5626 THE HNTB COMPANIES Suite 200 Facsimile (972) 661~5614 Enqineers Architects Planners Plano. TX 75093 www.hntb.com April 29, 2005 HNTB Mr. James C. Pierce, Jr., P.E. Assistant Public Works Director Town of Addison P.O. Box 9010 Addison, Texas 75001-9010 RE: BELTLINE ROAD REHABILITATION HNTB PROJECT NO. 40316 Dear Mr. Pierce: Enclosed please find our Invoice Numbers 6-40316-CN·001 for professional services in connection with the above referenced proj69t. If any further information is necessary to process these invoices for payment, please feel free to contact Scott Forbes at 972-661·5626. Sincerely, HNTB CORPORATION ~Cj.~ Benjamin J. Biller, P.E. Vice President, Central Division BJB/sso Enclosures cc: Scott Forbes· Plano Finance HNTB April 29, 2005 TOWN OF ADDISON Mr. James C. Pierce, Jr., P.E. Assistant Public Works Director P.O. Box 9010 Addison, Texas 75001-9010 In Account With HNTB CORPORATION Correspondence Address: Remittance Address: 5910 West Plane Parkway, Suite 200 P.O. Box 802741 Plano, TX 75093 Kansas City, MO 64180-2741 Invoice No. 6-40316-CN·001 MAXIMUM: $ 97,502.00 Professional services in connection with the construction services for the Beltiine Road Rehabilitation. For the penod: November 20, 2004 through April 1 • 2005 DIRECT PAYROLL COSTS (Detail Attached): $ 8,865.06 x 3.00 $ 26,595.18 REIMBURSABLE EXPENSES (Detail Attached: $ 1,282.12 x 1.00 $ 1,282.12 Total Amount Earned This Period $ 27,877.30 Plus Previously Invoiced 63,449.04 Total Amount Earned To Date $ 91.326.34 less Previously Invoiced 63,449.04 AMOUNT DUE THIS INVOICE $ 27,877.30 I¥. ~ ff;\{ 5U , (<{/tl ( BILLING REPORT BILL4 By Segment Direct Payroll Dates: 11120/04 through 04/01/05 Job 40316 Beltline Road Rehabilitation PhSeg CN·OOl Construction Services Ole EmpNo Employee 003 13669 Filer, Daniel J 003 13874 Holder, Jerry D 003 13786 Chastain, Douglas 003 13791 Forbes, William S 003 13792 Hayes, Chris Emp Rrm HI HI HI HI HI HI HI HI ElO P/M BlO BIF Shift Transxn Code Type MNTB Biller, BJ (01735) otc 003 Forbes, WS (13791) Olc 003 DallasTX Olc 003 HNTB CORPORATION Rate Hours Amount Remarks 23.80 14.00 333.20 Regular 23.80 1.00 23.80 Reg-Qvt 61.91 49.00 3,033.59 Regular 20.68 45.50 940.94 Regular 20.68 40.00 827.20 Reg·Ovt 53.85 62.00 3,338.70 Regular 53.85 1.00 53.85 Reg·Qvt 21.64 14.50 313.78 Regular Total Labor Distribution Billing Item: 40316-CN-OOl 185.00 7,960.21 Regular 42.00 904.85 Reg-Ovt 227.00 8,865.06 Total Run By Sharon Bell)' on 04/26105 Q2:19 PM RangEl Beqin D~i1120104, Rangs End D~11QS,Job--40316. BilIInO Levef",Dalauit, Sill With OPE .. Oefaul!. Suppress Printh'Q;;NOSuppmss v1.4,13 Page 1 ot3 BILLING REPORT 4E by Job, Phase, Segment MNTB Expense Task Distribution Dates: 11/2012004 through 04101/2005 Job Phase Seg 40316 CN 001 BeRline Road Rehabilitation CONSTRUCTION Construction Services EJO PM BO 01735 Benjamin J. Biller 13791 William Scott Forbes Dallas TX Ole 003 Ole 003 Ole 003 Contracting Entity HNTB CORPORATION Task/Description DB Fi Ole Effective Date Journal Name Description Amount E020 MATERIALS AND SUPPLI CE HI 134 12101/04 Payable. Journal for DEC·2004 Ebeling, Michael Wayne (23242)-ERlOO104MWE19.28 CE HI 003 11130/04 Payables Journal for DEC·2004 HOTLINE DELIVERY SYSTEM8-5358951.45 CE HI 134 12131/04 PayablesJoumal for DEC'2oo4 LONESTAROVERNIGHT-3065289-ADJ1 12·145 12.01 Total • Task EOO0 MATERIALS AND SUPPLI 82.74 E027 SUBSISTENCE CE HI 134 12131/04 Payables Journal for DEC·2004 Ebeling, Michael Wayne (23242)-ER101504MWE124.64 CE HI 134 12101/04 Payables Journal for DEC-2oo4 Ebeling, Michael Wayne (23242)-ER1 021 04MWE207.49 CE HI 134 11/22104 Payables Journal for DEC·2004 Ebeling, Ebeling, Michael Wayne (23242)-ER 1 02804MWE10.35 CE HI 134 11/22/04 Payables Journal for DEC·2004 Ebeling. Michael Wayne (23242)-ER102804MWE10.36 .. Copies of Original Substantiation for SubsiStence required by IRC 274{d) are available. Run By Sharon Berry on O4I2SJOS 02:18 PM Job:4()316. FifTn,;%, BiUlng Oivislon=%, Billing Office-%, FIQrn Date=11!.ID.'2004, To Dal&=4l112OOS. Expense Level=Dafauft. Sort By:=Job Number. Suppra$li Prin1!ng..No$uppm5S v1.4.13 Page 2 of 6 BILLING REPORT 4E by Job, Phase, Segment MNTB Expense Task Distribution Dates: 1112012004 through 04/01/2005 Job Phase Seg 40316 CN 001 BelUine Road Rehabilitation CONSTRUCTION Construction Services EtO PM BO 01735 Benjamin J. Biller 13791 William Scolt Forbes DaliasTX Ole 003 010003 010003 Contracting Entity HNTB CORPORATION Task/Description Effective DB Fi OIc Date CE HI 134 12101/04 Journal Name Payables Journal for DEC·20M Description Ebeling, Miohael Wayne (23242)-ER103104MWEAmount 13.28 CE HI 134 12101/04 Payables Journal for DEC-2004 Ebeling' Michael Wayne (23242 -ER103104MWE215.22 CE HI 134 11/29/04 Payables Journal for DEC-2004 Ebeling, MiChael Wayne (23242)-ER110804MWE48.95 CE HI 134 11129104 Payables Journal for DEC'2004 Ebeling, Michael Wayne (23242)-ER110804MWE53.85 CE HI 134 12106104 Payables Journal for DEC·2004 Ebeling, Michael Wayne (23242)-ER111704MWE14.08 Total • Task E027 SUBSISTENCE 598.22 E027 TRAVEL CE HI 134 12121104 Payables Journal for DEC-2004 Ebeling, Michael Wayne (23242)-ER101504MWE8.15 CE HI 134 12131/04 Payables Journal for DEC-2004 Ebeling, MiChael Wayne (23242)-ER101504MWE1151.42 CE HI 134 12121104 Payables Journal for DEC-2004 Ebeling, Michael Wayne (23242)-ER102104MWE115.00 • Copies Of Original Substantiation for SubsIstence required by IRe 274(d) are available. Run By Sharon Berry on 04126105 02:18 PM JQb.4O$1EI, Fll'l'l\ol:%, BilUng DivisJon..%. Billing Office=%, From DaI$«1112012.004. To Oate=4l1J200s, Expense Level",Oe1ll\Jlt, Sort By:Job Number, Suppt'8SS Prtnllng=NoSuppress Page 3 of 6 BILLING REPORT 4E by Job, Phase, Segment MNTB Expense Task Distribution Dates: 11/20/2004 through 0410112005 Job 40316 Beltlina Road Rehabilitation E/O 01735 Benjamin J. Biller Olc 003 Phase CN CONSTRUCTION PM 13791 William Scol! Forbes Olc 003 Sag 001 Construction Services BO DallasT)( Olc 003 Contracting Entity HNTB CORPORATION Task/Description Effective DB Fi Olc Dale Joumal Name Description Amount CE HI 134 12121/04 Payables Joumal Ebeling, Michael Wayne 13.50 tor DEC·2004 (23242)-ER102604MWECE HI 134 12121/04 Payables Joumal Ebeling, Michael Wayne 10.50 lor DEC-2004 (23242)-ER103104MWE1CE HI 134 12121/04 Payables Joumal Ebeling, Michael Wayne 14.70 for DEC·2004 (23242)-ERll0S04MWECE HI 134 12121/04 Payables Joumal Ebelin% Michael Wayne 15.20 for DEC·2oo4 (23242 -ERll1 OO4MWECE HI 134 12121/04 Payables Joumal Ebeling, Michael Wayne 7.60 for DEC·2004 (23242)-ERI11404MWECE HI 003 12106/04 Payables Journal Rler, Daniel Joseph 10.13 for DEC'2oo4 (13669)-ERII2904DJF1CE HI 003 12106/04 Payables Journal Rler, Daniel Joseph 18.76 for DEC-2004 (13669)-ERI12904DJF2CE HI 134 12114/04 JE 12·028 NOVEMBER 2004 MILEAGE 336.00 Total· Task E027 TRAVEL 601.16 Total· Expense Charges 1,282.12 .. Copies of Originat Substantlation for Subsistence required by IRC 274{dj are available. Run 8y Sharon Benyon 0412610502:18 PM Jobw<4031G. Armm%, Billing Di..mn",%. Bitting 0HIC8=%. From Oate=l1flt\12OO4, To oat$l<4l1l2OO5. ~~Oefault.Sort By-...Job Number, SUpprass Prinling::::NDSuPPrG$$ '11.4.13 page 4 of 6 HNTB Corporation -Project Status Report line Road Pavement Rehabilitation (Marsh Lane to Dallas North Tollway) i November 20, 2004 through April 1 , 2005 • WSF • Contractor continued with the construction phase of project. • Contractor began working on the project punch list to complete the project. • Provided on-site inspection during construction. Contractor has completed the main lane paving and is working to complete items on the project punch list. • Working with the Town and the contractor to address construction related issues. • As of April 1 , 2005, work remaining includes replacing missing traffic buttons and installing puppy tracks at selected intersections. • Continue to provide on-site inspection as needed. • Assist Town with project closeout. • Deliver to Town all relevant construction documentation generated as a result of the project. HNTB Page 1of 1 Steve Chutchian To: Chris Terry Cc: Jenny Nicewander; jholder@HNTB.com; jhill@cowlesthompson.com Subject: Bell line Road Final Chris: I met with John Hill this moming regarding the necessary steps to final the Belt line Road resurfacing project. Subsequently. I talked with Jerry Holder and asked him to prepare a letter to APAC-Texas, Inc. for our review. The following will be included in the letter: • Town acknowledgment that all "punch list" items have been satisfactorily completed by the Contractor. • Town acceptance of the project subject to the following conditions: 1. Receipt ofthe Affidavit of Bills Paid 2. Receipt ofthe Surety Consent Fonn • Statement that final payment will be made to the contractor subject to fonnal approval by the Council. • The Contractor may invoice the Town for final payment at this time, in the amount of $ •which is based on the following: Original contract amount of$730,766. plus change orders totaling approximately $3,600, and deduCting $10,000 per day x 30 days .. $300,000 for disincentives. John Hill stated that we will act in accordance with the response we subsequently receive from APAC-Texas, Inc. Thanks. SteveC. 1 JOHN M. HI!.!. 214.672.2170 JHI!.[.@CQW!.ESTHOMPSON.COM April 20, 2005 Mr. Stephen B. Robertson Division President AP AC -Texas, Inc. 2121 Irving Boulevard Dallas, Texas 75207 Mr. Kirk Morris APAC -Texas, Inc. Texas Bitulithic Division 2121 Irving Boulevard Dallas, Texas 75207 Re: Belt Line Road Pavement Rehabili:i-:--Dear Messrs. Robertson and Morris: Ken Dippel with this office serves as the City Attorney for the Town of Addison, Texas (the "City"). On October 12, 2004, the City entered into a contract (the "Contract") with APAC Texas, Inc. ("APAC") in which, for the compensation stated in the Contract, APAC agreed to rehabilitate Belt Line Road from Marsh Lane to the Dallas North Tollway by applying a twoinch layer of asphalt to the existing pavement (the "Project"). The Project was to be performed in accordance with plans and specifications prepared by HNTB Corporation. AP AC has failed to complete the work on the Project, and demand is hereby made that APAC promptly complete the Project. The Project impacted a major east-west transportation route through the City, and it was therefore imperative that it be completed in a timely manner. The time period for completion was established by Section 14 of the Special Provisions of the Contract and was originally set at twenty-five (25) calendar days, to commence upon the issuance by the City of a notice to proceed. Ultimately, this time period was extended an additional five (5) days, for a total time period of thirty (30) days. To underscore the importance of time, the Contract provides that "time of completion is of the essence" (Section f the Contract, Instructions to Bidders, Paragraph R). , Notice to proceed was' sued on {7C-T, /7 , 004; therefore, under the original 25 day time period, the Contract sho d have been a completed by November I I, 200 , and under \I\r __~ the extended' period OD 30 ays should have been finally completed by Nove er , ' 2004, or () d s after commencement. It appears that at least part of tha failure d the extended de ay in reaching substantial completion can be attributed to (i) APA ng to take April 20, 2005 Page 2 off five (5) days, at least one of which was during the initial 25 day time period, and (ii) APAC failing to take advantage of the City's extension of the hours of construction on weekends following Thanksgiving. The Contract provides for incentive payments and disincentive withholding, based upon the timely completion of the Project. Section 30 of the Special Conditions ofthe Contract makes it clear that the completion time period, for purposes of an incentive payment or disincentive withholding, would not be adjusted for any reason, except for a catastrophic event. Section 14 of the Special Conditions further provides that the time would stop upon completion of the punch list and the Project's final ceo Although the punch list was not completed (and remains incomplete), the City e ed t terminate the time period for calculating disincentive withholding on Decemb r 20 4, or 58 days following commencement of construction. The time period to compl Ie the oject was therefore exceeded by 28 days, resulting in a disincentive withholding nt of ~) if) (}JJ ;:; /A number of items for the Project remain to be completed and, as time passes, work that has been performed is deteriorating. The City has developed a punch list, which is attached to this letter as Exhibit "A." The City hereby makes demand upon APAC to make the repairs listed in the Punch List within thirty (35) days from the date ofthis letter. If AP AC fails to complete the Punch List and finally complete the Contract within this thirty-five day time period, the City may pursue any remedy available to it, including (i) a determination of the cost of performing the work to complete it and deducting the cost of completion from any monies due or to become due to AP AC (Section 1.42.1, General Provisions of the contract), or (ii), declaring AP AC in default of the contract and making demand on the performance bond surety to complete the contract (Section 1.42.1, General Provisions of the contract). By copy ofthis letter the City serves notice to the performance bond surety. We look forward to APAC's immediate cooperation. To facilitate APAC's cooperation, the City'S engineering staff would welcome a meeting with AP AC representatives to address the remaining construction and repair items. Any disputed repair issues could hopefully be resolved at this meeting. Ifyou have any questions, please do not hesitate to contact me. Sincerely, JohnM. Hill Document #: 1150981 April 20, 2005 Page 3 cc: [Performance Bond Surety 1 Mr. Ron Whitehead, City Manager Mr. Chris Terry, Assistant City Manager Mr. Steve Chutchian, Assistant Director ofPublic Works Doeum:nlll: Ilj~ ARCHITECTS ENGINEERS PLA,."'lNERS 90Veors "'-.!-l'II/.''ir.J(, I .... "-..!td.1 .:,/./J lI'lIw;I'uli>."mJanuary 4,2005 APAC-Texas, me, Texas Bitalilbic Division 2121 lIving Boulevard Dallas, Teltas 75207 Attention: Mr. Kirk Morris Arell Manager R;:: Belt Line Road Pavement R;:habili1lltian Mtush Lane to Dallas North Tollway Pay Request Review Dea:rMr. Morris: M. you ana 1discussed bytt:lephooe Oll Thursday, December 30, 2004, the pay request submitted to the Town of Addison was not<:omplete. Therefore, we are rejecting the pay estimate that was furwatded to the Town in December 2004. . As wi\hanyproject, there needs to be an agreementreacbed as to final quaDlities and the !IDlOllIltofthe final pay estimab: for the work perfmmed. We ate requesting that you provide us for.review. lmaJ pay estjnu;!e that incl)ldes all currently appr<>Ved change orders and a Jist"fany addi1iona1 change orders items or Work "'"-brls1hl1t APAC has determined are OlI!Sidethe cmrent contract between APAC""d the Town. Labor, equipment, materials and time ·need to be included. For ~Ie,ifthere are additional costs over and abowthe unitpriee for instailing the puppy tracks and <:I!lllSwalk that were liot on the plans but lire abown on the finalpaobh list, these additional costs need to beideDtified and included. The Town wants to levi"""" finalpayestinlllte thatshoWi! wbatAPAC feels they are owed fur 1he wod<. We request you provide this infurmation to lJS prior to our meeting-this Tbutsclay, lannary 6, JlOO5 ~o that both HNTB and the Town C8ll:rev.iew the information prior to the meeting. This will allow us to fucus on only iteins that may be in question. JfyOllliave any questions, please contact me at 972-661-56U. Sincerl;1y. HNTB CORPORATION ~-tt~~ Scott Forbes, P.E. MunicipalDepar\nl!mt Manager Co: S. ChutchiJm, Town ofAddison .R.lones, Town ofAddison M. MlIIphy; Town ofAddison J. Nicewander, Town of.Addison .." . .'I.Pierce, TOWDofAddison J. Holder, HNTB Cmpmation M.~HNtBC . (b., II \ 1'1. }" •• iltJl"1't i~ ,,!tlt P.-\U'\ \\\'11"," \:\:\ \H.1H' \Ill; \1\."-1' "'\ \1 ,n,. I'~ [,\1· 1:\ I",' _,Ie " 11< .. /".. ,: \-, Ii Il\lt~ro·, "" 'Inl"-I "I'" ',\ \ ,It" \,.". 1I .:1.: 1",1. '''' M.i4)';'l:WI,.:'I\lI~t.g~':J.)-J.lhl}m..t\~~\.; 'I'\"4"~,,..Jlo\lll~J.:!' 1.\ Iii' ""H,j& ',', II'" q ..\ 1\ 1'.1,',,, W<>II'-!, 1'.1 ;.~••,>\ 111\ 1: h , ......,' ,II' <'-\'.\o{J?t?jIt~~ ,~~\'H·..'t~'f/fl~q~"J..~~J~-mx~~MlHt~j \f1'.<,1 'I'''ll''. \1'. '_\~IWII!I ;'. ',1\\" ,\ ""I." "I> • \Jj, .. ,,1<\'.,,) '-'I'.Il.\ .>Y.L\'\I)I',l1 ,.\'rllv.\Pl'W;";;~ 1'1111 I: ,) 1I'l'1' P\ /',,1:11"',1'.-.11 l~tll'h:i ", 'l4:I~"'1I I.\,V" \1 ~I\·I!I".I·" l~ I~paca JOB # : 382958 Texas Bltulithic Division 2121 Irving Blvd" P.O.Box 224048 Dallas, Texas 75222-4048 JOB: TOINn of Addison (214) 741-3531 FAX (214)742-3540 Beffline Road ResuIfacin9 TO: Town of Addison P.O,80)(9010 Addison, Tx. 75001 ESTIMATE # FRCM: TO; 12123(04 CQNTIV\CT CCNTRACT AMOUNT ITEM DESCRIPTION QUANTITY AMOUNT TO DATE 0001 R & R REINF. CONCRETE ~. Sy 35 360.00 $12,600.00 11.40 $4.104.00 11.40 $4,104.00 0002 HOT MIX ASPHALT TYPE D SY 100,300 4.00 $401,200.00 103,413.00 5413,652.00 103,413.00 $413,652.00 0003 PRIME COAT GAL 8,100 0.45 $3,645.00 8,100.00 $3,645.00 8,100.00 $3,645.00 0004 PAVEMENT WEDGE MILLlNG~' LF 20,100 1.75 $35,175.00 20,100,00 $35,175.00 20,100.00 $35,175.00 0005 PAVEMENTWEDGE MILLING ~' LF 18,300 2.50 $45,750.00 18,:;100.00 $45,750.00 18,300,00 $45,750.00 0006 PAVEMENT BUTT JOINT & INTERSECTION SY 6,600 4,50 $29,700.00 s,eoo,oo $29,700.00 6,600,00 $29,700.00 0007 REINFORCED HIGH DENSITY STRESS LF 59,250 2.15 $127,387.50 57,165.00. $122,904.75 57,165.00 $122,904.75 0008 ADJ ADJ MANHOLE CASTINGS EA 15 300.00 $4,500.00 15.00 $4,500.00 15.00 $4,500.00 0009 ADJ VALVE BOXES EA 64 120.00 $1,680.00 64.00 $7,680.00 64.00 $7,680.00 0010 TRAFFIC CONTROL LS 1 10,500.00 $10,500.00 1.00 $10,500.00 1.00 $10,500.00 0011 TlV\FFIC MARKE RS 4" LEAD EA 950 3.40 $3,230.00 998,00 $3,393.20 99ll.00 $3,393,20 0012 TlV\FFIC MARKERS'" ROUND EA 1,esO 2.60 $20,410.00 9,340.00 $24,284.00 9,340.00 $24,284,00 0013 THERMOPLASTIC REFLIECTORIZED STO LF 1,755 4.70 $8,248.50 1,450.00 $8,815,00 1,450.00 $6,815.00 0014 PAINTED REFLIECTORIZED CROSSWALK LF 2,960 1.05 $3,101l.00 3,100.00 $3,255.00 3,100.00 $3,255.00 0015 THERMOPLASTIC REFLECTORIZED PU LF 1,120 2.10 $2,352.00 1,295.00 $2,119.50 1,295.00 $2,119.50 0016 THERMOPLASTIC REFLIECTORIZED we EA 31 155.00 $4,805.00 31.00 $4,805.00 31.00 $4,805.00 0011 THERMOPlASTIC REFLECTORIZED LE EA 56 78.00 $4,368.00 56.00 $4,368.00 56.00 $4,368.00 0018 THERMOPLASTIC REFLECTORIZED RIG EA 16 78.00 $1,248.00 16,00 $1,248.00 16.00 $1,248.00 0019 THERMOPLASTIC REFLECTORIZED 81R 81R EA 6 78.00 $468.00 5,00 $390.00 5,00 $390.00 0020 THERMOPLASTIC REFlECTORIZED CC EA 3 130.00 $390.00 3.00 $390.00 3.00 $390.00 0021 PAVEMENT MARKING CONTINGENCY LS 1 4,000.00 $4,000.00 0.00 $0.00 0,00 $0.00 ORIGINAL CONTRACT AMOUNT $730,765.00 WORK COMPLETED $129,278,45 $729,278.45 I1..U /a'O I.YOIII-lAVE RECE.IVED THIS FACSIMILE IN ~RROR. ~L!'(AS~ IMM~;:lIA'I'I!.~Y NOTIFY THE SI:NOER BY TELEPHONE. 61/65/2005 09:12 2147423540 APAC TEXAS INC PAGE 02/02 ~""'.............. Town "'fAddison i ' I :Claim for TIme and, Additional Work I --,! ! I,-Extra Will'\<: " I i I,--I ... •,_"'_,~k.~_ :Remove and Replace Asphalt-' 4,650,00 gy _...,~J 'PLUS ADDITIONAL MISCELLANEOUS . --...,,-..r-BUMPS CAUSED BY FABRIC_. REFLECTION: Oys!rol: ! f! Re-Moblfze ' $ 5000,00 MlU AsQhalt ill 16500,00 M/U. ,I • $ 2,150,00 i,I ' $ 23,650,00 ' , j I~E8~' I Lay Asphalt .$ 00,000,00 ' .( i , $ 83,650,00 ' -, Additional Sign,,: ' Signs $ 615,49 ' MIU $' 61.5S "$' '"677,04-'---,-,-I Disincentive D8Y'> -DisaWeemenl with I " TOO COLD fWET 1Slda~, $10,000,00 $150,000,00 i LOOP DETECTORS :2 days $10,Ooo.Oa $ 20,000,00 , $170,000.00 , ' -[Total Cleim for Additional Time & Work: $ 254,327,04 , i " i I , -: Total DiSincentive; , :-I Original Contract time ' 25 " , Added by Ch<:lnge Orde 3 Total ContraotTime 28 .---.----,..,." ':"'Time Used ori Project 58 , , I Disincentive Days _.30: i , r--,--i •10,OOOOO+-'--~'.30 days I@ill • $ sao 000,00 i i i ! . ITOTAL OISINCI::.I'HIVE I :$ 45672,96 , ' HNTS Corporation 701 Commerce Street Telephone (214) 748-8400 THE HNTB COMPANIES Suite 700 facsimile (214) 742~4682 Eng:ineers Archit€'cts Planners Dallas, TX 75202 www.hnth.com March 10, 2005 HNTB Mr. Steve Chutchian, P.E. Asst. City Engineer Town of Addison, Texas 16801 Westgrove Dr. P.O. Box 9010 Addison, Texas 75001-9010 RE: Beltline Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Supplemental Agreement 01 Dear Mr. Chutchian: Please find attached for your review, approval and signature, two (2) original documents for Supplemental Agreement 01 to our original engineering/design services, for the Belthne Road Project between the Town of Addison, Texas and HNTB Corporation. Please review, sign and return one copy with original signatures to my attention at HNTB Corporation; 5910 West Plano Parkway, Suite 200; Plano, TX 75093. Ifyou have any questions, please feel free to call me at (972) 628-3150. Thank you, HNTB CORPORAnON Scott Forbes, P .E. Municipal Department Manager Enclosures 40316 HNTB Corporation 5910 W Plano Parkway Telephone (972) 661-5626 THE HNTB COMPANIES Suite 200 facsimile (972) 661-5614 Engineers Architects Planners Plano, TX 75093 www.hntb.com February 16, 2005 Mr. Jim Pierce, P.E. Asst Public Works Director Town of Addison, Texas HNTB 5300 Beltline Road P.O. Box 9010 Addison, Texas 7S001-9010 RE: Beltline Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Supplemental agreement 0 I Dear Mr. Pierce: Please tind attached for your review and signature, two (2) original documents for Supplel11enwl agreement 01 to our original engineering/design services, for the Beltline Road Project between the Town of Addison. Texas and lINTB Corporation. Please review, sign and return the originals to my attention at HNTB Corporation; 5910 West Plano Parkway, Suite 200; Plano, TX 75093, Once the Agreements are signed, HNTB will forward a fully executed copy for your flies, If you have any questions or require any additional information, please feel free to call me at (972) 661-5626 ext. 3207. Thank you, HNTB CORPORATION ~~ Debra L Sanford Project Administrator Enclosures 40316 Supplement 01 HNTB Corporatlon 5910 W Plano Parkway Telephone {972} 661-5626 THE HNTB COMPANIES Suite 200 Facsimile (972) 661-5614 Enqlneers Archite-cts Planners Plano, TX 75093 www.hntb.com February 16, 2005 Mr. Jim Pierce, P.E. HNTB Asst. Public Works Director Town ofAddison 16801 Westgrove Drive P.O. Box 9010 Addison, TX 75001-9010 Re: Beltline Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Dear Mr. Pierce: As you know, the Beltline Road project exceeded the original schedule by 28 days. Our Inspection Services in the original professional services contract were based on a 30-day construction schedule. When the construction schedule exceeded the 25-day original schedule HNTB continued to provide construction inspection services per the request ofthe Town of Addison. We verbally agreed to continue our services with the knowledge that the Town of Addison would pay any additional monies owed to HNTB from the daily disincentive being applied to the contractor. The attached spreadsheet shows our labor for the project. The original inspection contract amount was $66,207.46. The additional inspection work we have performed has caused the original budget to be exceeded by $23,303.22. We anticipate there will be further work once APAC comes out to finalize the remaining repair areas. We have estimated 24 hours for inspection and 30 hours for engineering and management time. This brings the total increase to $31,295.22. We have attached a supplemental agreement for this amount for your review. We appreciate your attention to this matter. Please call me with any questions. Sincerely, HNTB CORPORA nON ~. Director of Municipal Services M:IJOaS\40316-Belt1ine\coMMM T G S\LETTERS\Picrcc-O l·ltr,(!QC SUPPLEMENTAL AGREEMENT This Supplemental Agreement, Number 01, to the AGREEMENT FOR PROFESSIONAL SERVICES, dated 2 August, 2004, between the Town of Addison. Texas (Owner) and HNTB Corporation (HNTB) is made effective as of February 16, 2005. 1. HNTB shall perform the following Services: The continuation of engineering and inspection services as outlined in above referenced agreement. throughout the construction duration of the project. 2. In conjunction with the performance of the foregoing Services. HNTB shall provide the following submittals/deliverables (Documents) to Owner: Construction engineering and inspection services as outlined in master agreement. 3. HNTB shall perform the Services and deliver the related Documents (if any) according to the following schedule: Through-out the construction duration of the project, as estimated in attached schedule. 4. In return for the performance of the foregoing obligations, Owner shall pay to HNTB the amount of $ 31,295.22, raising the total compensation under under the Agreement to the not-toexceed amount of $ 97,502.68. payable according to the terms as outlined in the original master agreement for the Construction services phase. Except to the extent modified herein, all terms and conditions of the Agreement shall continue in full force and effect. HNTB Corporation (Owner) (HNTB) Signature: __________ Signature: ___________ Name: ________________ Name: Benjamin J. Biller Title: ____________ Title: Vice President Date: ______ Date: ____ Prime Supplement.doc 110104 Beltline Road -Inspection Services 211612005 40316·CN-001 HNTB Corporation Labor Original Inspection Contract Amount $ 62,947.46 Total Expended to Date $ 85.996.47 Amount (Over)lUnder budget (23.049.01 ) Supplemental Amount: Amount currently over budget: $ 23,303.22 Estimated Additional Inspection Time: $ 2,592.00 Estimated Additional EngineeringlManagement Time: -;$;-_";'5~,::;40iiiO~.OO~ Total Supplemental Agreement Requested: $ 31,295.22 New Inspection Contract Amount: $ 97,502.68 M:\JOBS\4Q316·Beltllne\COSTACCTlDQ~Supp Agrmt 01.xls)Sheetl Expenses $ 3,260.00 $ 3,514.21 $ (254.21) Hours 24 30 Total $ 66,207.46 $ 89,510.68 $ (23,303.22) HMTB C"rporaUCln 5910 W Plano Parkway Telephone (972) 661·5626 THE HNTB COMPANIES Su1te 200 Facsimile (972) 661·5614 Engineers Architects Planners Plano, TX 75093 www.hntb.com February 16, 2005 Mr. Jim Pierce, P.E. Asst. Public Works Director Town of Addison, Texas HNTB 5300 Beltline Road P.O. Box 9010 Addison, Texas 75001-9010 RE: Behline Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Supplemental agreement 0 I Dear Mr. Pierce: Please find attached for your review and signature, two (2) original documents for Supplemental agreement 01 to our original engineering/design services, for the Beltline Road Project between the Town of Addison, Texas and HNTB Corporation. Please review, sign and relurn the originals to my attention at HNTB Corporation; 5910 West Plano Parkway, Suite 200; Plano, TX 75093. Once the Agreements are signed, HNTB will forward a fully executed copy for your files. If you have any questions orrequire any additional information, please feel free to call me at (972) 661-5626 ext. 3207. Thank you, HNTB CORPORATION ~~J:.~~,,---Debra L. Sanford Project Administrator Enclosures 40316 Supplement 01 HNTB Corporation 5910 W Plano Parkway Telephone (972) 661-5626 THE HNTB COMPANIES Suite 200 Facsimile (972) 661-5614 Engineers Architects. Planners Plano, TX 75093 www.hntb.com February 16, 2005 Mr. Jim Pierce, P .E. HNTB Asst. Public Works Director Town ofAddison 16801 Westgrove Drive P.O. Box 9010 Addison, TX 75001-9010 Re: Beltline Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Dear Mr. Pierce: As you know, the Beitiine Road project exceeded the original schedule by 28 days. Our Inspection Services in the original professional services contract were based on a 30-day construction schedule. When the construction schedule exceeded the 25-day original schedule HNTB continued to provide construction inspection services per the request ofthe Town of Addison. We verbally agreed to continue our services with the knowledge that the Town of Addison would pay any additional monies owed to HNTB from the daily disincentive being applied to the contractor. The attached spreadsheet shows our labor for for the project. The original inspection contract amount was $66,207.46. The additional inspection work we have performed has caused the original budget to be exceeded by $23,303.22. We anticipate there will be further work once APAC comes out to finalize the remaining repair areas. We have estimated 24 hours for inspection and 30 hours for engineering and management time. This brings the total increase to $31,295.22. We have attached a supplemental agreement for this amount for your review. We appreciate your attention to this matter. Please call me with any questions. Sincerely, M:\JOBS\40316-Beltlinc\COMMMTGS\j~ETTERS\Pierci!·Ol-hr.doe SUPPLEMENTAL AGREEMENT This Supplemental Agreement. Number 01. to the AGREEMENT FOR PROFESSIONAL SERVICES, dated 2 August. 2004. between the Town of Addison, Texas (Owner) and HNTB Corpora.tion (HNTB) is made effective as of February 16. 2005. 1. HNTB shall perform the following Services: The continuation of engineering and inspection services as outlined in above referenced agreement, throughout the construction duration of the project. 2. In conjunction with the performance of the foregoing Services. HNTB shall provide the following submittalsldeliverables (Documents) to Owner: Construction engineering and inspection services as outlined in master agreement. 3. HNTB shall perform the Services and deliver the related Documents (if any) according to the following schedule: Through-out the construction duration of the project. as estimated in attached schedule. 4. In return for the performance of the foregoing obligations, Owner shall pay to HNTB the amount of $ 31,295.22. raising the total compensation under the Agreement to the not-toexceed amount of $ 97,502.68, payable according to the terms as outlined in the original master agreement for the Construction services phase. Except to the extent modified herein. all terms and conditions of the Agreement shall continue in full force and effect. HNTB Corporation (Owner) (HNTB) Signature: __________ Signature: ____________ Name: _____________ Name: Benjamin J. Biller Title: ____________ Title: Vice President Date: _____ Date: ____ Prime Supplement.doc 110104 Beltline Road· Inspection Services 2116/2005 40316·CN·OO1 HNTB Corporation Labor Original Inspection Contract Amount $ 62,947.46 Total Expended to Date $ 85,996.47 Amount (Over)/Under budget $ (23,049.01) Supplemental Amount: Amount currently aver budget: $ 23,303.22 Estimated Additional Inspection Time: $ 2,592.00 Estimated Additional Engineering/Management Time: -i$r-_~5?:.4:ii0:i0;;;'0i:ii0_ Total Supplemental Agreement Requested: $ 31,295.22 New Inspection Contract Amount: $ 97,502.68 M:IJOBSI40316·BeltlineICOSTACCTIOQ\(Supp All""! 01.xls]Sheet1 Expenses $ 3,260.00 $ 3,514.21 $ (254.21) Hours 24 30 Total $ 66,207.46 $ 89,510.68 $ (23,303.22) APAC.TEXAS. INC. _ Texas Bitulllhic Division • 2121 Irving Boulevard· P. O. Box 224048 Dallas, Texas 75222·4048· (214) 741-3531 • FAX (214) 742-3540 'DATE OF TRANSMISSION: PLEASE DEUVER THE FOLLOWING PAGES TO: (FROM: I WI;; ARI!. TRANSMITTING ,1...__...1!>AGES IINCLUDING THIS COVER SHEET) • IF TtlE tRANSMISSION IS INCoMPLEtE OR FAULTY PLEASE, CALL US AT 12141 T41-3131 NOnCI!. DF CDNFIDENnAUTY THIS FI\CSIMILIE MAY CO",TAIN INFORMAlln.., THAT IS PRIVI~"CED AHD CONfiDeNTIAl. ANU/O~ EXEMPT FROM IlISClOSURE UNDER Af>l>lICABlE lAW. TH1$ TRAIISMISSION IS INTENDED SOLELY fOR THE INDIVIDUAL OR EIHITY DESIGNI\TED ABOVE. IF YOU ARE NOT THE INTENDEO REciPIENT, OR ttlE EMPLOY!;! OR AGENT RE!!I'ON!;tl!1t& FOR DELIVERI~IOIT 'f0 THI!.INTl!.NOED ReCIPI!!.NT, YOU SHOULD UNDEIISTANO THAT ANY DISTRIBUTION, COPYING OR USE OF THE INr-ORMATloN CONTAINeD IN THIS FACSIMII.E BY ANYONE OTHER THAN THE DESIGNATED RECIPIENT IS UNAUTHORIZED ANO STIIICTl,( PROHII!ITED. If YOU HAVI! REC!;IVEO THIS FACGIMII.E IN ERIIOR, PI.!;A"E IIIMJIEDIATEtY NOtiFY THE SENDER BY TELEPHONE. --!!Act. D...riptloa DCr }III -,.tr. -11 11 11 . 20 21 I 22 2lI, .. 21,77 211::uJ131.otIQ~ .. .. OJ III 1)$.....l..!!J 1000 WEDGE MILLING i I " '" 'WEDGE MilLING '" : ' ,t : 1010 REPAIR CONCRETE , i = REPAIR CONCRETE ;~---, . , , 'lt1S.:A!.lJOOfl ~PBI'IlC 11020 INsriILJ. JaN1 FAIillC ; 1030 2'''IVPe D HMAC 0,11. 1040 I'AV£MeNT MARKINGS .1. L~~--~~-~~ ----.~~-~~ 1050 LOOP IlETECTORS ,, ~ ]\1050 PUNCliUST ! I 1 -, I,,, f , ,• ~ o• f , stsrtd"'" 11OCT04 I c:::::J ElIrty bar o FlnIshdalo 13DEC04o c:::::J ProQ'_ ba. ~ OlIbId"'" 170CTQ4 APAC • TEXAS, INC. c:::::Jem""ITo.. ~ RUl'lde.u 2!lNOVII4 --SlJm"lIyba,~ TOWN OF ADDISONPage lWmlror IA Start ..Is...point ~ o Primavera .s-meme.l"c. jg FI'.istl miledone point .... NOV D'110,.11l t\ i2 I I" .. II II iT 20 ~ :n 12 .. ~ I ~2i .. 2IID 30 .. It .. .. •• ";-07 ~_.1 .. jj.-., LIL, •• , .. ,10 j" " " " . _.........,... : : 12·TYPE.O"MACOI~ m .-. -....•••• .. n .... , ••i·c:::::::ii.i:icip·omCTORS --.. " .!" ...........'... ".............m.' '1";--oom !~~~~':'!.~!~1··"·.... n ,pUNCKUST StIr!. d"",--170GT04' I 'Ea~b.' F'rish dale 13D£C04 i I I Prog''''btl(Om dm .100m. APAC -TEXAS, tNC. c=J CIilctI boar Run dill< 29N0V04 --SUIIIIllllY 1>Il'TOWN OF ADDISONP ...... numb... 1a <> SIart mlestune pointC Pdm ......eld S)'S'I.ems.lflc. <> RIish mihmOf'!!!J point ----J~ I t\ 12 'fS. 1.4, 11 11 tJ I , = • , ,. . .•••• _•• H;_' _______ . _____ •• _. ______ 0._' 0__ • __0_ ~. 0__ •.•• " •... _" __ • __ •• n •••••••• , •••! ....... _..... . ...... "f" ... ~~ 0 •••••••• _ •••• 0 '" ••••••• _. __ .. ':"'" ••• -•• -.'_' •••• ~-••• u --• .. c::::J EI1Iy ,ar c::::J Prog,.."bot APAC -TEXAS, INC. L....!C_lbar TOWN OF ADDISON --s..,mlilY bar Ie o SlIIJt_.poilll·c·p· •• r:le. 10 5910 w"'PlmwP(/rkw{fJ'I : I ~i i =1ARCHITECTS ENGINEERS PLANNERS Srllte200 Pla>1o, Texns 75093· (972) 66/·5626 /;.{X (972) 661-5614November 23, 2004 IIJWW,bll(fJ.COIll APAC -Texas, Inc. Texas Bitulithic Division 2121 Irving Boulevard Dallas, Texas 75207 Attention: Mr. Kirk Morris Area Manager Re: Belt Line Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Letter dated November 23, 2004 Schedule Deviation Request Dear Mr. Morris: We have forwarded the referenced letter to the Town of Addison for their review. Given the existing schedule is currently behind nine (9) days, they cannot support your request to halt the construction for four consecutive days. In an effort to facilitate the construction schedule, they are willing to change the schedule in the following manner: I) Allow you to work during the days for the rest ofthis week (Wednesday and Friday). Due to lower traffic levels during this holiday week, you do not have to stop.construction between II :00 a.m. and 1:00 p.m. 2) Thanksgiving Day will not count as a day in the schedule calculations. 3) Allow you to work non-stop from Saturday morning at I :00 a.m. to Monday morning at 6:00 a.m. The Town of Addison wants this project to be finished as soon as possible. After you review this letter and have made a decision as to your working schedule, please contact me to let me know what days and times you will be working. Sincerely, HNTBCORPO~ ~~e~'Jr.,p?A£~~~~Municipal Services Encl: APAC November 23rd Letter c: S. Chutchian, Town of Addison M. Ebeling, HNTB Corporation S. Forbes, HNTB Corporation R. Jones, Town of Addison M. Murphy, Town of Addison J. Nicewander, Town of Addison J. Pierce, Town of Addison M:\JOBS\40316·Beltline\COMMM:TGS\LETfERS\APAC 112304 response Icr03.doc The HNTB Comp(lII[es lJFFIC:L~ II.EXANIlHIA. VII' ANN"'I'()U~..~tI). "nA"'T..... G...., AlSrlN "1";0.., iHTO,," ROllGr 1. .... B()~TO:--. ~H CII....KI.EWO:--, .'it".. CHAltlF.STO;\'. \\"1.', CHICAGO IL 0.1'.\"[1.:\'\'1), CJH ",' I I ,. ,., p, .'. '11 ' h " ""LI,I " I. \,~I I '" \11 H I~ ... \,...1.1 '. , .... LIi. \\,I~IJI:-(.I·(J"\ 1,.(. 2147423546 APAC TEXAS INC PAGE 02/1il211/23/2004 09:57 .ASHLAND. APAC-Texas, Inc. A S1J_.ryQf Athlam P.vlf\!! AM Construcllon. lno.Kilt( D. Moms T.... Bilullfllic Divi.ionNuManager P.O. 90x 224048. Dalla•. TX 752:l2.404R Tel; 2'14 741-3531. Fax: 214 742-'3540 N()'vc;mber 23,2004 November 17, 2004 JenyHolder, P.E. HNTB Corporation 5910 W. Plano Parkway Ste. 200 Plano, TX 75093 RE: Schedule deviati.(ltl request Dea:rMr. Holder, In order to facilitate holiday traffic, APAC -Texas, Inc. would like to work November 24, 2004 during the day weather pennitting, to tie-in the area around the railroad track first and then continue with Jaying left-t~ lanes and right tum lanes as time and weather penuit. OUf schedule would be as follows, lane closures would go up at g A.M. and oome down at 11 A.M. and theu go backup at 1 P.M. WJ!il 4;30 P.M. decisions on whether east bound or west bound gets done first would be made in the field. Next, APAC -Texas, Inc. intendq to ~hllt dowtl. work on the project until Monday night Novomber 29,2004. Ifyou have any questions, please con'tact me at the Dallas Office. Sinoerely, .,........."Inc. !LKirk D. Moms Area Manager Cc S. Robertson. APAC -Texas, Inc. D. McEuen, APAC -Texas, Inc. R. Blaokburn, AP AC -Texas, Inc. ARCHITECTS ENGINEERS PLA1'lNERS 9()Vears January 4,2005 APAC-Texas, Inc. Texas Bitu1itlric Division 2121lrvingBoulevard Dallas, Texas 75267 Attention: Mr. Kirk Morris AIea Manager Re: Bell Line Road Pavemenl Rehabilitation Marsh Lane to Dallas North Tollway Pay Requesl Review Dear Mr. Morris: As you and 1discussed hy telephone on TIrutmIay, December 36, 2004, the pay request submitted to the Town of Addison was not complete. Therefore, we are rejecting the pay estimate that was forwarded to the Town in December 2004. As with any project, there needs to be an agreement reached as to final quantities and the amount ofthe final pay estimate for the work perfonned. We are requesting that yon provide us for review a final pay estimate that includes all cmrently approved cbange ordex:s aod a list ofany additional change ordex:s items Or work efforts that AP AC has detennined are outside the current contract between APAC and the Town. Labor, equipment, material. and time need to be included. For example, ifthere are additional costs over and above the unit price for installing the poppy tracks and crosswalk that were uot on the plans but are shown on the final punch list, thnse additional costs need to be idcntirred and included. The Town wants III review a final pay estimate that SbollllS what APAC reels they are owed for the work. We requ.est you provide this information tu us prior to our meeting this Thursday, January 6, 2005 sO that both HN1B and the Town can review the information prior III the meeting. This willaUow us III focus on only items that I11lIy be in question. Ifyon have any questions, please contact me at 972-661-5626. Sincerely, HNTB CORPORATION Scott Forbes, P.E. Municipal Department Manager Cc: S. Chutchian, Town ofAddison R. lones, Town ofAddison M. Murphy, Town ofAddison 1. Nic.wander, r"",.of.Addison , . .'I. Pierce, Town ofAddison I. Holder, HN1B Corporation i h ~'/~71~~,~~~ration ·1:-,. :1" :.,' ,j, \1 I " )'" December 28, 2004 BeHline Punch List 1. Southbound Midway curb lane just north of Belt Line -clean up asphalt spill 2. Repair approaches raveling.. a. SouthSide of BaH Line at Blockbuster Video, b. Business Avenue, c. Landmai1l Blvd., d. Beltway e. Runyon 3. Repair middle of Intersections raveling and clean up loose aggregate a. Across from Sam's b. At Surveyor c. At Commercial d. Middle of street across from Watson Taylor e. Kroger entrance (EB Inside lane), near Marsh f. At Business g. Right Tum alter Commercial We h. In front of Humperdlnks (EB) 4. Sweep curb lane from Quorum to Dallas Parkway bolh directions. 5. Clean drive approaches for Aggregate a. Check through out project, but was noticed at DWU entrance 6. Replace missing buttons project wide approximately 12 missing. a. 1·section missing at Beltway b. Button in middle of 1st left tum alter DNT 7. Repair raveling seams at Quorum ~inside), Beltway ~inside) 8. Repair raveling at we inside left tum at Quorum 9. Adjust manhole In front of Starbucks Station 19+00 and station 13+75 10. Manhole west of RR tracts needs adjustment, station 88+50 11. Repair raveling at patch in front of inlet @Business. 12. The broken ring to the vaJve stack eastbound curb lane in front of Fresh ChOice Station 48+50-1-/13. A pothOle In the eastbound curb lane at Quorum Drive as you tum to go south on Quorum 14. Valve stack that ratUes as you drive over it in the eastbound curb lane at Quorum DrIve 15. The three humps in the fast lane Immediately west of Surveyor, they're marked with red paint HNTB Comments 1. Review traffic loops with City of Dallas and get approval from DaUas in writing. 2. Raise valve box at Sta. 65+75. The following were not stJown on the construction plans but need to be added to the project: 3. Paint crosswalk on InwoCl(l at BeHllne. 4. Puppy tracks need to be installed forthe double rights at the AddisonllnwoCl(l and Belt Line Intersection. 5. Puppy tracks need to be installed for the double right on Beltway at Belt Line. I~paca JOB # : 382958 Texas Bltulithro Dwfs!on 2121 If'lling Blvd. P,a,Box 224048 Dallas, Texas 75222~404a JOB: Town ofAddison (214) 741·3531 FAX (214) 742--3540 Beftline Road Resurfacing TO: Town of Addison p,0, Box 9010 Addison. Tx. 75001 ESTIMATE # FlROM: TO: 12/231114 OONTRACT cONTRACC ITEM DESCRIPTION QUANTITY AMOUNT ESTIMATE ESTIMATE 35 $12,600.00 11, 0 $4,104,00 11.40 $4,10 0002 HOT MIX ASPHALT1YPE 0 SY 100,300 $401,200,00 103,413,00 $413,652,00 103,413.00 $413,652.00 0003 PRIME COAT GAl 8,100 $3,545,00 8,100,00 $3,645.00 8,100.00 $3,645.00 0004 PAVEMENT WEDGE MilliNG 6" LF 20.100 $35,175.00 20,100,00 $35.175,00 20,100.00 $35,175.00 0005 PAVEMENT WEDGE MILLING 8" LF 18.300 2.50 $45,750.00 18.300,00 $45,750.00 18,300,00 $45,750,00 0005 PAVEMENTSUTT JOINT & INTERSECTION SY 6.600 4.50 $29,700.00 6,600,00 $29,700.00 6,600.00 $29,700,00 0007 REINFORCED HIGH DENSITY STRESS LF 59,250 2,15 $127.387.50 57,165,00. $122,904,75 57,165.00 $122,904.75 0008 ADJ MANHOlE CASTINGS SA 15 300.00 $4,500.00 15.00 $4,500,00 15.00 $4,500,00 0009 ADJ VAlVE SOXES SA 64 12Q,OO $7,680.00 64,00 $7,680,00 64.00 $7,680.00 0010 TRAFFIC CONTROL LS 1 10,500.00 $10,500.00 1,00 $10,500,00 1.00 $10,500.00 0011 mAFFlC MARKERS 4" LEAD EA 950 3.40 $3,230.00 998,00 $3,393,20 998,00 $3,393,20 0012 mAFFIC MARKERS 4" ROUND SA 7,850 2.60 $20,410,00 9,340,00 $24,284,00 9,340,00 $24,284,00 0013 THERMOPLASTIC REFLECTORIZED STO LP 1,755 4.70 $8,248.50 1.480,00 $6,815,00 1,480,00 $6,815.00 0014 PAINTED REFlECTORIZED CROSSWALK LF 2,960 I,OS $3,108.00 3,100.00 $3,255,00 3,100.00 $3,255.00 0015 THERMOPLASTIC REFLECTORIZED Pu LF 1,120 2.10 $2,352,00 1,295.00 $2,719,50 1.295.00 $2,719.50 0016 THERMOPLASTIC REFLECTORIZED WO EA 31 155,00 $4,8OS,00 31,00 $4.805,00 31.00 $4.8OS,00 0017 THERMOPLASTIC REFLECTORIZED LE EA 55 78,00 $4,368.00 56.00 $4,368,00 56.00 $4.368,00 0018 THERMOPLASTIC REFLECTORIZED RIG EA 16 78.00 $1,248,00 16,00 $1,248,00 16.00 $1.248,00 0019 THERMOPLASTIC REFLECTQRIZED STR EA 6 78.00 $468,00 5,00 $390,00 5.00 $390.00 0020 THERMOPLASTIC REFlECTQRIZED CO EA 3 130.00 $390.QO 3,00 $390,00 3.00 $390,00 0021 PAVEMENT MARKING CONTINGENCY LS 1 4.000,00 $4.000.00 0,00 $0.00 0,00 $0.00 8" ORIGINAL CONmACT AMOUNT $730.765.00 WORK COMPLETED $729.276,48 $n9.278A5 RETAINAGE 4,00% $29.171,14 $29,171.14~£.~~ Iz("';',APAC-TEXASI , LESS DEDUCTIONS $0,00 $0,00 SUe-TOTAL 5700,107,31 $700,107.31 /'IF /PUBLIC WORKS I From: Jim Pierce, P.E. , Asst. Public Wks. Dir. ! /Phone: 972/450-2879 FAX: 972/450-2837 /j pierce@ci.addison.tx.us /Date: !?--:}CDt 16801 WestgroveI P.O.Box 9010 # of pages (including cover): 3 Addison, TX 75001-9010 Re: tMfc to/~ o Original in mail o Per your request o FYI o Call me oNe BY: FINANCE DEPARTMENT'-.--,,_"-.__.,---. ' 972 450 7098; DEC-28-04 8:11AM; PM!' 1/2 SAaMB N. Sima. Budget and Procurement Manilger P.O. Bo.~OI0 Addbon. TX 15001 97~451).70eQ Fa. 97HSl).7096 E-Mail: nim$@cl,addisoo,tx.lJlt To: Jim Pierce From: Shar\nll N. Sims { Pas••' 2 Phone; .,.,"', 1212812004 APAC -Resurfacing Beft Line Road ee, Ourae..t Cl ForR.vl.... o PI•••e Comm."t 0 Pleas. Reply • Com",e"'" Jim: This was sent to Minok's attention from APAC, but I thought this information should go to PubliC Works, so I am faxing this over to you, Thanks. Shanna 'aPaed J.::>B f : :ilS295l1. <>I-ie::Q& Situahie o~ '" LJ 2111 Wng Bllm. P.o.5n)(22404.l!i ~11i:Is;. T~1S122·4048 (21()741-3S31 r;.:x. (214} 742-3540 JOB TOf(dI of Addison SeltIil'.l& Road R.~urbclflg '" « n. TO; Tawn of AddisOrli P ,0. Boll' 9010 Addison, T •. 75001 ESTIfAAlE. FROM: TO: l:il23lN .. o .11&,00 ,",s:rSQ,OO $2),100.(0 1ll3.413..CO a,I00.00 20,100.00 18-,300.00 6,600il0 $J,64S.CO '$35. 17S.OO ~5;rso:J:[O 1.29100,00 (,,) I.U C _7 0008 0009 001. REtNF~CEOH!GH DENSITY STRESS jlDJ MANHct.E CASTiNGS AOJVAl.VE BOXES tRllfF1C CONTROL LF EA fA LS 59._ 15•• :.US,,,'UlO t20.00 U],500.00 1127 ,331.50 $4,000.00 1-7._1,.00 $10,:500.00 51.1fi5!1O" 15.00 64,00 1,00 $122,904.75 $4,5al.00 Sf'.680.D1) SlQ.$XUlO 57.165.00 15.00 6UlO I.CO $'22.9()4.1S 54,500,00 $7.....00 $10,50tLOO 0011 0012 "'fRPI=FICMAfIJ(f;RS 4" L£AD 1RAFFtC MARKERS " .. ROUND E" EA 951) 1.850 3," 2.GC· ";2>0.00 $20.410.00 .....00 9.340.00 $USUO 120.,284.00 998.00 $,340.00 $3.393.20 $24,2a.t.oO )\l o l"0013..,. OOIS 00,. 0011 itI~snCREFLECTORIZEO51'0 PAINTED REf'lJ!~IZED CROSSWAlK THERt&:lPLA.$ifC RfnECI'OfUZeO PU THERJ.toPl-A.$'iIC A€F1..e:crORi2ED 1M) THeR'fA:)PlA$TlC Rf:f1.ECTORIZED LE IF LF LF EA EA '1:.155 2,9"" 1.120 31 $<; ".1Ci "U16 '2,10 t5S,OO 78,00 ~.2·U,SO 53.1\18.00 12,352.UO $4.BIJ5.UO $4,3M.DO ~.~..oo 3.100.00 1;2S5.Oit 3t.00 ,.,... $8)1:15,00 =SS,00 $2,719..50 "_.00 $4,368.CO 1,450.00 :1.100.00 1296.00 It.M 5.... $6,815.110 $3.255.00 $2.719,50 $<,606.00 $4.3a,00 e Oil '" "" I"001. 001' 0011) 0021 ll-fER1JlOPlASTJC REflECTauzEDRlG niERM::IPlAST'lC Re:FLE~S'TR l11EAMOPi.AsTIC REFLECTORIZEO CO PAVEMeNT MARKlN3 C<'.)fff1tiGENC'V EA EA EA l$ "• ] 18.00 18,00 130m 4,000.00 $1,248,00 $4$6.00 S3\IO,OO $4.000.00 lEi.OO 5.00 ~.OO 0.00 51.2"',00 S390.oo""'.00 40,00 16,00 5.1)' J.DO tHHl 11.2'"',00 SJOII,OO $390.00 $1>.00 (Jl ORtGiNAl. CC»JTRA.CT NdOUHr S1:ao.1V5 ,00 '" « '" 2+91) Leellle -1I!We llell and eSj6lit te fiBish gre4e. B. sm. liS+7) lA3ellle vahellSll and adjlilSl:te fiBish l!;IBde. 14. Sta li71 00 Leellle'lel'/e sex and adjl1st te fiBish gre4e. 15. Sta 72+51) Vel¥ellelt lid rattles IIStmftie EIftves 1'Wtlfit: W&rkwith TeWB at' "..daiseR te get Dew lit! fu£ val>le helL 16. Sta Sill SI) Need thieker MH lid te set iR adjlilSl:ing ring. Werk with Thwn te replaee MH lid. Ad.just MH te finish gmae. Town of Addison to replace MH lid. 17. Sta 9().l41) lA3eata three vaI'le SElJees iR inteJseetisn and adjust til fiBish gmte. 18. 111m Vel'lI! half lit! missing. WeIk with Te_ afA4lisen te get DeW lit! fer velvehelf. 19. Sta. 47+75 I:.aeate rralve hax. and adjest te fiBish grate. 21i. Sta 49175 Repsleese adjusting ring. WESTBOUND COMMENCING AT THE DALLAS NORTH TOlLWAY; I. Sta. Hlli+59 Leeme 'ia1>;e beK II!l!d aajHBt te fiBish gf!I6e. 2. S!a. Ga+25 Val'le betleea1ed. ,"Aj!ll!tte fiBish grade. 3. Sta 1\21 75 Valve bEIK 1eemed. Adjast te fiaish grade. 4. Sift: 3817§ iWjast ';!Ilve bette fiBish gf!I6e. Letl!!1e va!'febeK a a;;Ijast te fiBish ~ 5. Sta 24+!lQ Letl!!1e MBa adjHBtte fiBish grode. CENTER MEDIANS AND LEFT TURN LANES COMMENCING AT MARSH LANE: Ne mooheJes or valve SOlieS to adjust in eeRtor meliians or left tum laBes. GENERAL CLEAN-UP COMMENTS: 1. &\"eep all sidewalk:s; eri....eways aflfi gutters. 2. SfeeBi elean sidewalk and tJHfI:J aretl.& eloag prejeet that Ba',"e prime Goat en them.3. Replaee missiBg aflfi broken raised tmftie markiBgsAluttaas alaag the prejeet. 4. Clean aspealt alit oral! stean iRlets. 5\. '\:-;:-,\l'OL1~_ )1':".."1"1",\1"1;\.0,,,, Alsn.'l. ,X :1A11)", W)l \;r.; tA !lOST{):'. ~L\_ (;HAIlIE\'TO~. ~c n·'_·\r,u~'Ui'l, \~\' CI UC\GO. Jl CLFyu"",n, Oil, COU-\1BL"S. OIL PAl.L"';'. -:X :JI':"\-ER {.(). PErRon-;'.\1. VI,l';:;'-S. W\". ll<\RTFOlln, CT, !-I:(;K~\ltLE, "y; HO'.';TOX 1X INDL\"Al'OU~_ J:-:•.L\Ch.-:'O)':\ILLE. Fl.. :";Ai'"SA~ COl', ),10, ",,"O:,\\RLl!. '1':'\ L\'SIl'G. 'IL I.()!o; "'''T.Hrs. CA, LOLll'XILU:, h.;".•\!,\J)ll\nx. WI \IU.\!! L; .'IIL\\}\l:KEk \\'t ~1I':'\b\l'OL!;;..\1.": .'H..~:WIU,"'_ 'lX, sr;\, YORK. ",', O,\I\L\SI), c\, OIt\SCF COl':..:n·, C~. ORL>\XOC1. fLo OVEIUA!'m FA:...::, 10 l'I\H.-\OCLI'HlA. I'A, l'OI('[U:O;O, .\lh, IlAU!I(~I!, :.:C. ,,1' t.~)l':;'_ ,\!O, SAI.T I,AKF ClT'r. L-T, ;;,\;\! ,\,-:!'USIO. T:\':, :.A:--: 11F1\:--:,\JlDJSO. C,\: "At. 1'11:\.....' het), C-\; SAl'; 10;;!:. G.\: l>EA'I'ftl:, \V,\, '1:\,\11'01.. 1'1. TOI.f.Ihl OJ!, WAY"or;, ~!, WASIIl);:'--;lU:->. DC HNTB CorpOr;UiOll -Pro;ect St;lW6' Report Beltline Road Pavement Rehabilitlttion (Marsh Lane to Dallas North Tollway) Town ofAddison, Texas 4 October 23, 2004 through November 19, 2004 WSF • Contractor is continuing with the construction phase ofproject. • Provided on-site inspection during construction. Contractor has completed the majority ofthe main lane paving and is working to complete turn lanes and intersections. • Working with the Town and the contractor to address construction related Issues. • Continue to provide on-site inspection during construction. • Assist Town with project closeout. • Deliver to Town all relevant construction documentlttion generated as a result of the project. HlVTIJ CorpnratioJJ Page 1 nfl.~ Belt Line Road -Updated Punch List Page 1 ofl Steve Chutchian From: Scott Forbes [WForbes@HNTB.com] Sent: Thursday, December 09,2004 3:43 PM To: Kilt Morris; Mike Murphy; Jim Pierce; Steve Chutchian; Jenny Nicewander; Robin Jones Cc: Jeny Holder; Doug Chastain Subject: Belt Une Road -Updated Punch List Jeny Holder and I were on-site last night and have updated the punch list !Tom our review ofthe project. APAC was working last nighho please keep in mind that some ofthe items on the list should be completed. We will continue to update the Ust as the project continues to move towards completion. If you have any questions, please let me know. Thanks, Scott Soott Forbes, P.E. Municipal Department Manager HNTB Corporation 5910 W. Plano Parkway, Suite 200 Plano, Texas 75093 (972) 661-5626 (office) (972) 628-3150 (direct) (972) 661-5614 (fax) wforbes@hntb.com This e-mail and any flies transmitted with it are confidential and are intended solely for the use ofthe individual or entity to whom they are addressed. If you are NOT the intended recipient or the parson responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying ofthis e-mail is strictly prohibited. «Updated Preliminary Punch Ust 12-08-04.doc» 12/13/2004 Beltline Road Paving Update Page 1 ofl Steve Chutchian From: Jerry Holder pHolder@HNTB.comJ Sent: Monday, December 06, 2004 7:32 PM To: Mike Murphy; Jim Pierce; Robin Jones; Jenny Nicewander; Steve Chutchian Cc: Scott Forbes; Daniel Filer; Michael Ebeling; Doug Chastain Subject: BelUine Road Paving Update APAC paved last night (Sunday night & Monday moming) and finished the asphalt laydown operations. The majority ofthe east bound striping has been finished and about 30% ofthe west bound stliping. Most ofthe tum lane markings still need to be done. There was a vehicular accident duling the last night of paving. An 18--wheeler was east bound on Beltline and wastuming right onto Midway. He swung out wide leI! and turned onto Midway. The nose of his truck was about even with the nose of the Midway Road median when a Four-Runner traveling east on Beltline ran into the trailer of the truck. Our Inspector called 911 and the police and ambulance were dispatched. The driver walked from his vehicle and laid down on the grass. He was taken to the hospital. All traffic control devices appeared to be in place correctly. I have attached a photo we took ofthe wreck. «Wreck.jpg» Thanks, Jerry This e-mail and any files transmitted with it are confidential and are intended solely for the use ofthe individual or entity to wbom they are addressed. Ifyou are NOT the intended recipient or the person responsible fur delivering the e-mail to the intended recipient, be advised that you bave received this e-mail in error and that any use, dissemination, forwarding, printing, or copying ofthis e-mail is strictly prohibited. 12/13/2004 PAGE €l1/84WAC TEXAS INC214742354€l1,1/29/2884 1&: 54 APAC.TEXAS,INC•• Texas Elltullthle Division -21211JVing Boulevard· P. O. Box 224046 Dallas, Texas 75222-4048· (214) 741-3531 -FAX (214) 742-3540 1DATE OF TRANSMISSION: PLEASE DELIVER THE FOLLOWING PAGES TO: IFROM: Pi1:f{l< r(L;a(ld; I WE ARE TRANSMITTINC . I IPAGES (INCLUDING THIS COVER SHEET) • IF THE lRANSMISSION IS INCOMPLETE OR FAUllY PLEAse CALL us AT 12141 7.1.:1831 COMMENTS: 'SrJS'J".lll'F ht..1~'h;1iDll. • -. ...' THANK YOU. NonCE OF CONFIDENTIAUTY ... -THIS FACSIMILIE MIIY CONTAIN INFORMATION THAT IS PRlVlLSCED AND eONfIOF.NTIAI.Al'/tJlOR EXEMPT FROM OI~ClosunE UNDER APPLICABLE lAW. THIS TRANSMISSION IS INTENDEO SOLELY fOR THE INDIVIOUAI. OR ENTITY OIiSIGNATED ABOvE. IF YOU ARE NOT .HIi IN'TENOEO RECIPIENT. OR THE EMPlOY~E OR ilGENT RESPOMSIIlU; ~OR OELIV!;n"IC IT 'TO THE INT!!.N!)!;'O ReCIPIeNT, YOU SHOlJlO UNoeRSTIIND THI\T ANY OI$TRIBUTION, COPYING OR USE OF 'THE INf.ORMATION CONTAINED IN THIS rAeSIMII.E 6YANVONF.. OTHER THAN 11-1E DESIGNI\TEO RIZCIPIENT IS UNAUTHORI7.EO AND STRICTLY PROHIIlIlIiO_ IF YOU HAVE REC"IVED THIS "AOGIMllE IN ERROR. p~eAse IMMEDlA'tElv NOtIFY THE SENDER BY U.I.EPHONE.. " "" " '" '" w i:'l ~ ~ H Ul ~ I!:' ~ '" U1 l'1 " '" .... '" " .... '" ,. U1 Ul .... " :i\ '" cr> " ''" ......... Act DeseripI/ -, '" ".... ...,. OE. -;-u ~! Gt I Ln I ,0: ! 1:1 ! UI r 15 f 16 , \7 1.......'1.II!...... J ... J.~....... J......~.__L.~_ l~ r···· ..··.... ...................................................._.......+ ...... ~" ......~...... ~......._" -~ "---. -----.-~ . Stu! am 110CW. ,...., EalI".,Finish dill. 13DEC04 ,...., Progrts> bar Data dab 17ooT04 APAC -TEXAS, INC. c:::::J Critical bar --SUm..ary bo,TOWN OF ADDISONI Paoo ...",b1"'" \\, \j,':',\l!;~ \d,\\,:.U,"1 ;lh,,\I~)!h ~;, ·.-<'VI<11J.I 1 ••L" '''.In. ',', "\1'.d·,I,". qUL~'\IIi' I L. <)U:',L;'1l :'A:a:. ;;~ I'J.'>i\;.,r..'J ~* !;.-\UJt.d. ". :>1 !/n ,:-, MIl, '-.,t1 dl.1 Lfr'L n, ,':'l'-Ar.."")' 1',,;0 'IX. "" 1IJ:l!". 11("1'" C\, ~,\, FH",U~Co ( ; ......, leI>.' C~ '-nTHL. ",\ V.,\!('\, n,T')ITI)(i,OIl ,,""dI'C'Hh I'L 2147423540 APAC TEXAS INC PAGE 0210211/23/2004 69:57 :ASHLAND. APAC-Texas, Inc. ASllbsJdi''l' Qf At/'i1IniI P'''ng """ C.,...;_.lne.Kir:lc D. Monlll T"""s BltuJlthiQ DivisionAr•• ManeR" P.O. Box ~04S, Da!as, rx 75m.Jl04R Tel: 214741-3531, Fax: 214 742-a540 NOV\mlber 23,2004 November 17, 2004 JeII)' Holder, P,E. HNT.B COJporation 5910 W. Plano Parkway Sle. 200 Plano, TX 75093 RE: Schedule deviari.r.m request DearMr. Holder, In order to facilitate holiday traffic, APAC -Texas, Inc, would like to work November 24, 2004 during the day weather permitting, to tie-in the area around tile railroad track first and then continue with .laying left-turn lanes and right turn lanes as time and weather permit Our schedule would be as foUows, lane closures would go up at 8 A.M and come down at 1i A.M. and th.en go backup at 1 P.M. until 4 ;30 P.M. decisions on whether east bound or west bound gets done first would be made in the field. Next, APAC -Texas, Inc. intend~ to ~hllt doWt.1. work on the project until Monday night Novemblilr 29,2004. Ifyou have any questions, please contact me at the Dallas Office. Sincerely, Cc S. Robertson, APAC -Texas, Inc. D. MoEuen, APAC -Texas, Inc. R. Blackburn, APAC -. rexas, Inc. --FAX The HNTB Companies Transmittal Mr. Mike Mwphy DirectOr ofl>ublic Works Town ofAddison Dr.ue; 11/23/2004 Pax No.: (972) 450-2837 Total Puges: :; (Including mi$ cover) Phone No.: (972) 450-2878 From: Jen:'f Holder Phone No., (912) 661-5626 C8l Action Please ru>tIfy sender al (912) 661-5626 ifpages are l1Jil)&mg or if there i. any transmission Dalla5 North 'follwuy Letter dated November23, 200<1 Sobe tho 'fown of Mdlson for their review. Given th. e.i~ting sohedule is clJrrentiy behind nine (9) day., they CliDnot sllPport yolU request 10 halt the construction for folll' consecutive days. hi 1m effort to facilitate liIe construction schedulo, lItey ate willinS 10 change the 'Chedule in lbe following monner: I) Allow you 10 work durin!! the duys for !he rest of this week (Wednesday nod Friday). D.., to ·lowOl: rrllffic levels during this holiday week. you do not have 10 'top.ccrn'ltuctioD between 11:00 a.m. Dnd 1;00 p.m. 1) 'fhaJlkogiving Doy will not COl:l!lt as a dny in 1IIe schedule ."leul.tioDS. 3) Allow YOllto worl< non-slCp from S>i1Urt.luy mOtning at 1:00 a.m. 10 Monday morning at 6:00 a.m. Tile Town of Addison wants thls project 10 be finished us soon a. possible. Aftet yea review this l.tI~r tmd huv. mude I< decision .. 10 your working .chedule, please coo!.>.! me to Ie. me lrnow what deys and times yOQ will b. working. Sincerely. :t;J~~ ~ef~~.~er. Jr., P.f.' DireclOr ofMUDi.ci~.1 S .... ices Enel: APAC November 23td LeIter c: S. Churciilim. ToWII of Nldlsoll M. Ebeling. HNTB Corporation S. Porbes, HN1'B Corporation R. Jones, 'town or Addison M. MUrphy, 'fown of Adilis(m J. Nicewuooer. Town of Addison 1. Pietee, Town of Addison M:\lOllS\40316.lIe!lti..ICOMM M'CGSI!Ef'fBTI'"INIi. ,10/1., IE,"'I'I>-\.~ IJ'IV. MIl. 1i/>o'II),"\'ll"W, 1'f<1 1Jo~II'U" Ml'.UIl> AN(ifLl":'.. ',".l)IIILwJln:.Ii'f; M"'I)I:"OI;oi. "1, MIf>I,d, ..1~ 10111,,,,,,111':1111, WI, I.Il);.\1oI.1'I,Mi!i l~lY, 'It: SI,PI A,N'J'\.),ffi;,1. n, ~AN" 1)t~IH"ttHlNIl.I:II: MN f"I'IH-'U~', .~,.w.N.fll:'lll, .''''. ~r:A1'11J: Wil, 1'<\M1'''.t'\.; 1·~Il.fJI\1, PHi Wj\.\'IIINH·U .... " lh £0/20 ~OS'ON 2£:~~ vO, £2/~L v~9S~992L6 81NH 11/23/2004 a~:S7 2147423540 N>AC TEXAS lNC PAGE 02/El2 ASHLAND. APAC-Texas, Inc:. Allll>lldI.1)'of AtWlU4 p~"AndCoIJolrucllOn, 1"., T""". IItvIJIJlIQ O~ Kll1c D. Morrill Ar•• MJ;l'IlQtJ, 1'.0, e... 2~1I4A 0.1.... 7)( 1=..",," To!: ::14141-$$31. Fa>< 2141~:WJ4Q NO'\'qjlher 23. 2004 November 17, 2004 Jeny Holder, P.B. HNT.B Corporation 5910 W. Plano Parkway Ste. 200 PIIIlIO, TX 7S09S RE: Schedule devilltil)11 request DearMr-. Holder, In order ro fucilitate holiday traffi¢, APAC -Texas, mo. would like to work November :24, 2004 during thl! diL)' weather permitting, ro tI..in the area around tile railroad track first aud then continue with laying left-tum lanes and right tum IllllClllis time and weather ~rmjt. Our schedule would be lIS follows, laM clo'lIre, would go up ax , A.M. ~nd come do'MI at 11 A.M. lind th~1). eo backup at 1 P.M. unll1 4:30 P.M. deci$ions on whether east bound or west bound gets done fil1!t would be made in the field. Next, APAC -'fel«lS. Inc. intendq tn ~hllt dnWl), work OD the project urrtilMollday night NovelX).~r 29, 2004. Ifyou have any quostions, please wntact me at the Dallas Office. Sincerely. Cc S. Robilrtson, PIPAC -Texas, Inc. D. Moeuen, APAC-Texas, hie. R. Bla.cli:bum, APAC-TelW, Inc. 'lL9SL992l6 SINH -• . I TOWN OF ADDISON BELT LINE ROAD PAVEMENT REHABILITATION ~BLANETODALLASNORTHTOLLWAY Preliminary Punch List November 20, 2004 This preliminary punch list was developed by representatives ofHNTB during a site visit on Saturday, November 20, 2004. A final punch list will be developed upon completion ofthe project by APAC Texas, Inc. ASPHALT PAVEMENT REPAIR AREAS: EASTBOUND COMMENCING AT MARSH LANE: 1. Sta 11+00 to Sta. 52-K>0 -Remove and replace asphalt pavement in inside lane. 2. Sta. 19+25 -Repair driveway approach. Asphalt is beginning to ravel. 3. Sta 24+00 -Repair driveway approach. Asphalt is beginning to ravel. 4. Sta 29+50 -Repair street/driveway approach. Asphalt is beginning to ravel. 5. Sta. 38+00 -Repair approach SW corner ofSurveyor. 6. Sta. 46+50 to Sta. 47-K>0 -Repair cracks. 7. Sta. 53+50 Repair driveway approach rough areas .. 8. Sta. 62+25 -Repair bumps with cracks in asphalt. 9. Sta. 63+75 -Repair bumps with cracks in asphalt. 10. Sta 81+75 -Repair rutted asphalt in outside lane at driveway. 11. Sta 82+75 -Repair two pavement joints that show cracks in the new asphalt. 12. Sta. 90+00 -Repair bumps with cracks in asphalt. WESTBOUND COMMENCING AT THE DAlLAS NORTH TOLLWAY: 1. Sta. 105+25 -Repair crack in asphalt in outside lane. 2. Sta 96+50 to Sta 97-K>0 -Repair crack in inside lane. 3. Sta 88+75 -For the inside lane, remove and replace asphalt transition at railroad tracks to provide smother transition. Current transition has significant bumps and is unacceptable. 4. Sta. 48+25 -Repair NE radius ofRunyon. 5. Sta. 47+25 -Repair NW radius ofRunyon. 6. Sta 37+00 to Sta. 38-K>0 Repair crack in inside lane. CENTER MEDIANS AND LEFT TURN LANES COMMENCING AT MARSH LANE: 1. Sta 13+50 -Repair asphalt in left turn lane westbound. 2. Sta. 29+50 -Repair asphalt in median. 3. Sta. 39+25 -Repair bump with crack in left turn lane. 4. Sta. 43+00 -Repair asphalt in median. 5. Sta. 52+75, Sta. 53+00 and Sta. 53+50 -Clean concrete in median. 6. Sta. 73+00 -Clean Island. 7. Sta. 90+25 -Repair asphalt in median. 8. Sta. 94+50 -Repair asphalt in left tum bay. 9. Sta. 107+25 -Left tum bay, work on paving joint. MANHOLE AND VALVE BOX ADJUSTMENTS: EASTBOUND COMMENCING AT MARSH LANE; 1. Sta. 13+90 -Adjust MH to finish grade. 2. Sta. I9+{)0 -Adjust MH to finish grade. 3. Sta. 21+25 -Adjust valve box and remove existing bump at valve box. 4. Sta. 21+25 -Locate valve box and adjust to finish grade. 5. Sta. 23+50 -Locate valve box and adjust to finish grade. 6. Sta. 24+00 -Adjust MH to finish grade. 7. Sta. 25+75 -Locate valve box and adjust to finish grade. 8. Sta. 29+25 -Locate valve box and adjust to finish grade. 9. Sta. 31+50 -Valve box half exposed. Expose remainder ofvalve box sufficient fur access by the Town ofAddison. 10. Sta. 48+25 -Adjust valve box to finish grade. 11. Sta. 58+50 -Locate valve box and adjust to finish grade. 12. Sta. 62+00 -Locate valve box and adjust to finish grade. 13. Sta. 65+75 -Locate valve box and adjust to finish grade. 14. Sta. 67+00 -Locate valve box and adjust to finish grade. 15. Sta. 72+50 -Valve box lid rattles as traffic drives over it. Work with Town ofAddison to get new lid for valve box. 16. Sta. 88+50 -Need thicker MH lid to set in adjusting ring. Work with Town to replace MH lid. 17. Sta. 90+50 -Locate three valve boxes in intersection and adjust to finish grade. 18. 111+75 Valve box lid missing. Work with Town ofAddison to get new lid for valve box. WESTBOUND COMMENCING AT THE DALLAS NORTH TOllWAY; 1. Sta. 105+50 -Locate valve box and adjust to finish grade. 2. Sta. 63+25 -Locate valve box and adjust to finish grade. 3. Sta. 62+75 -Locate valve box and adjust to finish grade. 4. Sta. 38+75 -Adjust valve box to finish grade. Locate valve box and adjust to finish grade. 5. Sta. 24+00 -Locate MH and adjust to finish grade. CENIERMEDlANS AND LEFT TURN LANES COMMENCING AT MARSH LANE: No manholes or valve boxes to adjust in center medians or left tum lanes. ---------c: I~i i -1 LETTER OF Job No. 40316 The HN TB Comptlllies 5910 West Plano Parkway. SUite 200 -Plano, Texas 75093 (972) 661-5626 TRANSMITTAL Date November 19, 2004 To: Mr. Mike Murphy, P.E. Director ofPublic Works Town ofAddison '16801 Westgrove Dr. Addison, Texas 75001 WE ARE FORWARDING TO YOU: Re:, Pavement Rehabilitation Improvements !Beltline Road -Marsh Lane to Dallas North 'Tollway iChange Order No.2 NO. OF COPIES SHEET NO. LAST DATED DESCRIPTION Change Order No.2 ----1------1---·--···__···_·_·_-_·_-_·_----_··_--_·_·----.. -.-.-.--..----.---.-.-.-- ------...3 _._--_._.. ............_...... ---_._------_._-_._-.._._--------_.. _------+--._-------------------_._---_..__....._..__.._._-------_•........ ----1-------1-----·-1------------------------ -·-·---·.. -----_._----_._--_._----------_._-_._--------_._-----1---_. .... -_._-----_._._--_._-_._-----------_..•_._-.._._------_._--_.._-_ .. ----_...__._-_._._-----._._-_._---_._-_.. _--_.-----_._----_._._-------_. .._--_..._.._-----THESE ARE TRANSMITTED: ~ For approval o For your use o As requested o For review & comment PLEASE NOTE: Enclosed are three copies of Change Order No.2 for the above-mentioned project. Change Order No.2 is for reimbursement ofthe freight charge to ship 110 mil thick Pav-Prep product back to the manufacturer. Please sign and return two copies ofthe change order to me. Please keep the third copy for your records. We will provide a fully executed copy to AP AC -Texas, Inc. for their files. If you have any questions, please don't hesitate to call me. Thanks for your time. COPY TO: By: ~~if r;,__ ~_~~~2--_________ Scott Forbes, P.E. 40316 TOWN OF ADDISON, TEXAS BELT LINE ROAD PAVEMENT REHABILITATION Project No. 04·33 CHANGE ORDER NUMBER: 2 1. CONTRACTOR: APAC· Texas,lnc. 2. Change Order Work limits: Sla. _-,1-'..1+",0:::,-0_ to Sla. 113+65 3. Describe the work bein revised: Reimbursement for the return freight charge to ship 110 mil thick Pay-Prep product back to the manufacturer. A thinner Pav~Prep product is being supplied to help with the ''shadowing'' being experienced on the project. Eldension of contract time by three days. The change of Pav~Prep material caused 1he contractor to not be able to pave Of install fabric from the time the decision was made to use a thinner fabric to the time the thinner fabric was delivered to the site. A copy of letters from HNTB. APAC and Lone Star Products are attached. 4. Work to be performed in accordance with Items: 5. New or revised plan sheet(s) are attached and numbered: .!N"'/A"-________________ 6. New general notes to the contract are attached: DYes o No 7. New Special Provisions to ltem__No. ----' Special Specification Item __are attached. Each signatory hereby warrants that each has the authority to execute this Change Order (CO). The cOfllr.lctormust sign /he Change Ortfet and, by doing $0. agrees to waive any and{til claims for addJtion(J1 r;ompe1fSation dua to any and all other xpenses; additionafchanges for lime, o~adand profit; or loss Of ompensatfor: as a ffifZUIt of this change. :'7{Zi/£: .l..ld The following Information must be provided Time Ext #: 1 Days added on this CO: 3 !Amount added by this change order: $1,900.00 ,Typed/Printed Name t~Typed/Printed Title , RECOMMENDED FOR EXECUTION: (;44, Town of Addison!lQ APPROVED Title Mr, car e:,vt;,Construction Inspector Date 41.~~fT~on ; ¢ APPROVED TiU l>1!Z.tc:rnP-= Design Engineer's Seal: Project Manager Date Town of Addison Date o APPROVED Title ---- TOWN OF ADDISON, TEXAS BELT LINE ROAD PAVEMENT REHABILITATION Project No. 04·33 CHANGE ORDER NO. 2 TABLE A: Force Account Work and Materials Placed into Stock LA80R ~ HOURLY HOURLY RAT See attached Tables .. --_.. -",. ..., -~, .._...----ORIGINAL CONTRACT + PREV10US_L~I)!Q___ CHANGE ORDER REV1SEO CONTRACT CHANGE ORDER ITEM DESCRIPTION UNIT UNIT PRICE QUANnTY ITEM COST QUANTITY QUANTITY lTEMCQST OVERRUNf UNDER-RUN CO2 ADDITIONAL FREiGHT FOR PAVEPREP LS $1,900.00 $0.00 1.00 1.(10 n.aa 0.00 00.00 0.00 a.co 0.00 0.00 O.CO 0.00 0.00 0.00 $1900.00 $1.9000.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0,00 0,00 TOTALS $ . 0.00 $1,900.00 $1900.00 TOWN OF ADDISON, TEXAS BELT LINE ROAD PAVEMENT REHABILITATION Project No. 04-33 CHANGE ORDER NO. 2 TABLE B: Contract Items (Contlnued) OR1GlNAL CONTRACT + CHANGE CHANGEREVISED CONTRACT ORDE;tPREVIOUSLY REVISeO ORDER OVERRUNIQUANTITY QUAttTlTVDESCRIPTION UNIT UNIT PR.ICE QUANTITY fTEMCOSTITEM ITEM COST UNDER-RUN 0,00 0,00 0.00 0.00 0.00 0,00 0,00 0.00 a,ao 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 aJ)O 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0,(10 0.110 0.00 0.00 The "Totals" from Table B or th~pnrv!OU5 work sheet: $1 900,00 $1900.00,$ . TOTALS $0,00 $1.90a.00 $1 900.00 "'911J IY PIWIf' l'/lrJ.:.f,'t~¥r:~Ji:,i :;] ARCHITECTS ENGINEERS PLANNERS SIIfle2W Pfrlflo, T!:..l;tl); 7'W93 (9TJJ 66Hti2G IHX (972) fiGj.5(iH November 4, 2004 Mr. Mike Murphy, P E. Public Works Director Town of Addison 16801 Westgrove Drive P.O. Box 9010 Addison, TX 75001-9010 Re: Beltline Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Dear Mr, Murphy: Attached please find three items: A letterfrom Kirk Monis, APAC-Texas Area Manager, to Scott Forbes; a letter from Steve Waczak, Lone Star Products, Inc., to Kirk Monis; and an updated schedule of dIe referenced project. The letter from Mr. Morris requests the addition of three (3) days to the original schedule due to the change of the Pav-Prep joint fabric product. As you know, we have experienced a "shadowing" proplem on some of the paving sections. The owner of the manufacturer flew into town last week to examine the problem, He offered to replace the 110 mil thick fabric with a thinner version. We all agreed that a thinner material should help the "shadowing" problem and agreed to change the material, This change of material caused APAC to not be able to pave orinstall fabric from the time our decision was made to the time the fabric was delivered to the site. ( Michael Ebeling, Scott Forbes, and I discussed the circumstances in detail with Mr. Morris and we agree that a three day extension in time is appropriate and fair. Mr. Morris has also requested to be reimbursed for the return freight charge to ship the 110 mil thick Pav-Prep back to the manufacturer. This cost is $1,900 and we fcel this is an appropriate cost request given Ibe circumstances of changing the Pay-Prep product. APAC is absorbing a $650 fee to expedite the shipping and an additional $950 handling fee. The manufacturer of the Pay-Prep material has agreed to swap out the product at no additional cost. In summary, we believe a three day extension of the schedule and the reimbursement of the $1,900 freight is -.appropriate. We will put together a change order if you concur. Please call me with any questions. Sincerely, HNTB CORPORATION ~7I-~/tJ~ .,Jerry D. Holder, Jr., P.E. Director of Municipal Services .' c: Steve Chutclrian, P.E. -Town of Addison Michael Ebeling, P.E. -HNTB Corporation Scott Forbes, P.E. -HNTB Corporation Robin Jones, P.E. -Town of Addison M;\JOBS\40316-BeltlIDe\cOMMMTGS\LETIERS\MurphyOl-ltr.dOi'.: 'fbI: HNTIJ C(Uflpflnlf'!:t. ." .. 'I" .", ,",'1 , "1-'1" "'H','-"" HII:'1'~ \\., .,j,III1" .", \"'~f"" H''''''''~,''' I',"''',' ." """'''>!'' ,. ,,'''''' ,"" ASHLAND. APAC-Texas, Inc. A sobskliary of Ashland Pa1Ang And Conslnrotion, lne.Kirk D. Morris Texas Bitullthlc Division Area Manager P.O. Box 224048. D.llas, TX 75222-4048 Tel: 214 741-3531, Fax: 214 742-3540 November 1, 2004 Mr. Scott Forbes, P,E. HNTB Corporation 5910 W. Plano Parkway Ste 200 Plano, TX 75093 RE: Belt Line Rd. Pavement Rehabilitation Marsh Ln. to Dallas North Tollway Dear Mr. Forbes, Per our previous conversation on October 25, 2004, our supplier, Lone Star Products, has incurred some additional cost with respects to the changing to a thinner PAV-PREP joint fabric product. APAC -Texas, Inc. requests that a lump sum adjustment oUI,900 be added to our contract through change order. The total ( costs associated with Lone Stars' honoring of our request to switch product is outlined in their letter rllIted October 27, 2004 (see attached). In addition, the switch over to this thinner product has cost us delay in om prosecution ofthe above referenced project. .APAC -Texas, Inc. also requests that that three days be added to our contract time to account for the days October 28, 2004 thru October 30, 2004. Please find attached an updated schedule, a signed copy of Change Order #I, and test reports to date. If you have any further questions please contact me at the Dallas Office. Sincerely, '. APAC-T. Area Manager cc: Randy Blackburn S. Robertson Attachments 16/04/2004 05:52 9729530555 LOelE STAR PAGE 82 LONE STAR PRODUCTS, INC~ Where Customer Servie;e is ourBusiness. October 27, 2004 Kirk Moms Apse-Texas, Inc. 2121 Irving Boulevard Dallas, Texas 75222 Re: Resur:lacing Beltline Road Addison, Texas Dear Kirk, I would like to outline the cost involved with the freight and handling ofthe PavePrep p(oduct: -Freight to deliver 330 rolls PavePrep .70 Mill with 2 drivet'3 expedited dir~from factory $2,550. -Freight, to fll/:um 203 rolls PavePrep 1.10 Mtll from jobsite to factory $1,900 -Handling fee ofpicking up product from the jobsite and preparing shipment: $750 (Renting flatbed truck with mounted forklift and laborm). These charges will be reflected Oll your nm invoice. Expedited fee $650 Freight on return $1,900 Handling fee $950 Total amount $3,500 Best regards, SteveT. Waczak Technical Sales Representative '. EO. Box 535547 • Grand Prairie, TX 75053·5547 Phone: 469-523·0444 • Fax: 469·523·055' Steve Chutchian From: Mike Murphy Sent: Monday, November 22, 2004 10:11 AM To: CMs Teny Cc: Jeny Davis; Jim Pierce; Mike Murphy; Robin Jones; Steve Chutchian; Sue Ellen Fairley Subject: RE: BELT LINE RESURFACING UPDATE Chris, Contractor was able to worK Friday night thru Saturday lunch ... they completed several tum lanes and the northbound approach at Quorum. They also completed buttoning on inside east bound median lane from Marsh to Midway. Work still needing to be done--North/South approaches at Midway and Addison Road intersections, right turns at Surveyor and Marsh intersections, all remaining button and striping and punch list ilems. I have asked our inspectors to have APAC lum in an updated schedule for completion .... 1will get you a copy immediately after I receive il...obviously the wet weather is hindering completion but the project is about 98% complete on paving and about 10% on buttoning and striping. With dry weather we're about 3-4 days from completion, with wet weather --who knows? On the positive side we have noticed an incredible decline in the number of fender/bender accident calls coming in to our office ... onee project is complete we will do a more thorough study of traffie incidents on Belt Line. Call with any questions. '1Itde Michael E... Murph!}, FE.. Director of F ublic Worts (972) 1'50-2878 Wort (2 1+) 2 I 5-'280 Mobile (972)+,O-28F Fax E.-Mail mmurphg@cf.addfson.tx.us -original Message-From: OIris Terry sent: Mood"y, November 22, 2004 9: 12 AM To: Mike Murphy Cc: Jim Pien:e; RobIn Jones SUlljel:t: aaTUNE RESURFACING UPDATE Mike-I would like a progress update by end of the day today alsong with a forecast of job completion. Thanks, Chris 1 .ASHLAND. APAC-Texas,lnc. A subsidiary of Ashland Paving PIleI Construction, 100.Kirk D. Morris Texas Bilulithic Dlvisiofl A'ea Manaller P.O. Box 224048, Oall ••, TX 75222-4048 Tel: 214 741..531, Fox: 214742..540 November 17, 2004 Michael W. Ebeling, P.E. HNTB Corporation 5910 W. Plano Parkway Ste. 200 Plano, TX 75093 RE: November 12, 2004 letter Dear Mr. Ebeling, APAC -Texas, Inc. acknowledges receipt ofyonr letter dated November 12, 2004. We still disagree with many of the statements in yonr letter. Conflicting issues, such as the ones pointed out in your above referenced letter, need to be addressed in another forum. What is needed now, is to hear from HNTB, or the Town of Addison, in writing what will be the acceptable, and reasonable, extra work needed for the area defined by Eastbound Lane 1 approximately Station 11+20 to 52+00? We acknowledge onr role as the contractor for the Town of Addison, and as such, we stand ready to perform at the direction oftbe Town of Addison, or its contract manager. Upon Upon completion ofsaid work, AP AC -Texas, Inc. will pursue whatever course we deem necessary to resolve these issues, Sincerely, Kirk D. Morris Area Manager Cc: S. Robertson, AP AC -Texas, Inc. D. McEuen, APAC-Texas, Inc. R. Blackburn, APAC Texas, Inc. M. Murphy, Town of Addison, TX R. Jones, Town of Addison, TX J. Pierce, Town of Addison, TX ~~ehutehian, Town ofAddison, TX J. Nicewander, Town of Addison, TX J. Holder, HNTB Corporation S. Forbes, HNTB Corporation ~DiCB 75093 5!JJOW.Pltmu Pnr'J:wJ)'I : I '" i i =JARCHITECTS ENGINEERS PLANNERS Sltile200 Pla'UJ, Texat (97J.) (t61·5626 FAX (972) 66/-5614 www.blltb.com November 19,2004 APAC -Texas, Inc. Texas Bitulithic Division 2121 Irving Boulevard Dallas, Texas 75207 Attention: Mr. KirkMorris Area Manager Re: Belt Line Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Letter dated November 17, 2004 Remediation of Unacceptable Asphalt Overlay Dear Mr. Morris: We have carefully reviewed the above referenced correspondence. As we stated in our correspondence to you on November 5, 2004 and also November 12, 2004, we are waiting for you to submit a proposed plan of corrective action for the section of new pavement on Eastbound Lane 1 from approaimate station 11 +20 to approximare station 52+00. It is not the responsibility of HNTB Corporation or the Town ofAddison to direct you on how to remediate the problems in this pavement section. HNTB Corporation nor the Town of Addison considers this remediation effort "extra" work as you state in your letter dated )Jovember 17,2004. For clarification purposes, your letter was faxed to our office on )Jovember 18, 2004. In an effort to mOVe your decision forward as quickly as possible, we will tell you that a proposal to mill offthe top one (1) inch ofthe existing asphalt section and replace with a new one (1) inch overlay ofthe same asphalt mix would be an acceptable solution to HNTB Corporation and the Town ofAddison. This is in no way intended to direct you to proceed with this method. Whatever corrective measure you propose and we accept will not be considered extra work. I will also reiterate the Town's offer to let APAC-Texas, Inc. work extended hours through this weekend in an effort to expedite the project. They have offered to allow APAC-Texas, Inc. to work the following times if a successful proposal is agreed upon by the end of business on Friday, November 19, 2004. The II/I'TB Companies -" L, ,', ,'. "', ..," .\ H.I ,., ""'" .,.,' Mr. Kirk Morris ~overnber19,2004 Page 2 1:00 a.m. Sat1.1rday morning until 11:00 a.m. Saturday moming (in contract) 11:00 a.m. Saturday moming until 5:00 p.m. Saturday evening (6-hours of additional time) 1 :00 a.m. Sunday morning until 11 :00 a.m. Sunday morning (in contract) 11:00 a.m. Sunday morning until 10:00 p.m. Sunday night (l1-hours of additional time) 10:00 p.m. Sunday night until 6:00 a.m. Monday moming (in contract) HNTB Corporation and the Town ofAddison are very interested in cooperating with APAC-Texas, Inc. to finish this proiect as soon as possible. There are a few other items that will need to be taken care ofas part of the final punch list, such as manholes being adiusted to final grade, work around the railroad tracks, and final cleanup ofthe site. In the spirit of cooperation to keep the project moving forward, I will be On site Saturday morning to develop a prelimioary punch list. nus will allow you the opportunity to address these items during your normal progress ofwork:, instead ofat the end ofthe proiect. Ifa representative ofAPAC-Texas, Inc. can be made available to review the list with me at that time, please let me know. As of the date ofthis letter, ~ovember 19,2004, APAC-Texas, Inc. has been on the project site 33 days. nus exceeds the revised schedule of 28 days. We are formally requesting an updated completion schedule from you as soon as possible to help us understand the remaining work tasks. Please contact uS immediately if you have any questions. Sincerely, HNTB CORPORATIO~ /~Pff erry D. Holder,Jr., P.E. Director ofMunicipal Services Enc!: APAC ~ovember 17'" (18"') Letter c: S. Chutchian, Town ofAddison M. Ebeling, H~TB Corporation S. Forbes, H~TBCorporation R. Jones, Town ofAddison M. Murphy, Town ofAddison ]. ~icewander, Town ofAddison ]. Pierce, Town ofAddison M:\JQBSI40316·BeIilineICOMMMTGS\LmER SIAPAC 111904 remediation lIlil2.doo APAC TEXAS INC PAGE 02/8211/16/2004 14:53 2147423541:1 ASHLAND. APAC· Texas, Inc. !(Irk D. Morris AM '''''''Il0l' November 17. 2004 Michael W. Ebelin8. P.E. HNTB Coll'oration S910 W. Plano l'lukway Ste. 200 Plano, TX 75093 RB: Novom.1x:r 12, 20041cttcr Dear Mr. EbeliIJg, AI'AC -Texas, Inc. acknowledges receipt of your letter dated November 12. 2004. We 1Itt1i di~.e with many of the statements in your letter. Conflicting issues, such as the ones pointed out in your above referenced letter, need to be addressed in another forum. What is needed now, is to bear from HNTB, I.I( the Town of Addison, in. writing what will be tbe acceptable, and reasonable, extra work needed for the area defined by Eastbound Lane I approximately Station 11+20 to 52+007 We acknowIed,ge our role !Ill the eontractor for the ToWil of Addison, iIJId as such, we stand ready to perform at the direction ofthe Town of Addison, or its contract manager. Upon compl~ionofsaid work. APAC -Texas, Inc. will ptlrnlle whateve; COIU'SOI' vue deem n"l'esIl8:y to resolve the:;e issues. Sincerely, 1lJJ1: Kirk D. Morris Area Manager Co: S. Robertson, AI'AC -Texas" Inc. D. McEuen, APAC -Texas, Inc. R. Blackburn, APAC -Texas" Inc. M. Murpby, Town ofAddison, TX R. Jones, Town ofAddison, 'IX J. Pierce, Town ofAddison, 'IX 8. Chutchian, Town ofAddison, TX r. Nicewander, Town ofAddison, TX 1. Holder, HNTB Corporation S. Forbes, HNTB Corporation Mitte. ~wtl ~ovenlber19,2004 til 1'2. -4'1: /) ~ 1. 'i! 3'APAC -Texas, Inc. T~XU$ Birulithic Divjsion 2121 Irving Boulevud Dallas, Texa$ 75207 Attention: Mr. Ki.rk Mottis Area M~nager Re: Eelt Line Rood Pa'>1ement Rehabilitation Marsh Lane to Dallas North Tollway Letter daCed November 17, 2004 Remediation of U'lacceptabJe Asphalt Overlay Dear MI, Morris, We have carefully reviewed the above referenced correspondence. A$ we stated in oW' couespondence to you on Novembe! 5, 2004 and also NO'>1ember 12,2004, we l1Ie waiting for you to submit a proposed pla1l of corrective action fOl the sectiOtl of new pavement on Easthound Lone 1 ftom appronm.te statioo 11 +20 to appronmate station 52+00. It is 1Iot the tesponsibility of HNTB COlpOu.Uon or the ToUio ofAddison to direct you on how to temediate the problems in thi::; pavement section. HNTB Cotporation nor the Town of Addison conslders this remediation effort "exUa" work as you state in yow: letter dated November 17, 2004. Fot e1ariflcauon purposes. yoW' letter was £axed to O\it office on Novembet '18, 2004. In an effort to move your decision fOIWlUd a$ quickly as possible, we will tell you thot • proposal to mill off the tOP one (1) inch of the existing aspholt section and repl~ce with n new One (1) inch overlay of the same asphalt mix would b~ an aceeptnhl.:: solution to HNTB Cotporation .nd the Town ofAddison. This is in no way intended to direct you to proceed with thi~ method, 1 will also reiterate the Town's offer to let APAC-Tel._ AN."'--\f'Ot.!1<. )11). ,\:rl.Ac-,,-\. CA At:,.j1', Th. IlXI'U;-" 1\OI';~r~ P •• lIOSTO'\:, '"1,1" CIIAlILfS1D". sc. UIMtU->TO:-':. \\Y, UIIt.AGo. II" C1.f:VFi.A'lD,OH, COlr!>mp",Oll, DAlLl>S, Th DIo1>:\U:. co. DE-mOlT. ,\11. r;u;::..s. "Y. 1{,\un01(l). cr, mt:K)<\'E.LL. _'Yo l!Ol_-~TO". f!(; '''n''\'''AI'OLl~, 1:->. IACf;<{;;';Y!lLI, H., I\..II.N~,\~ CITY. 1-10, R,"=U:-"llJ.P., T!,\ U.'~l"G, ,,11. lOS -\:\,GUI::;, CA. l.o~l$nnf. "Y. :,v':.-'I:\O:-':' \\-1. '1.1"'\.\\1.;).', '£ CITY. l'f. 'A:': ."xrn'\ln lX. :'A~ lIEK."."I\[lI:':O. C·,. ,x,\: f!!A"CI~CO. CA, _'.-I.e; IO~f. CA. ~l,"AITl.f \'u rA~l!''\. fl. T0!!H)(). ort \\,\Y:-.T~,f 73(fij3 O".:u661·,G:U;~overnber5,2004 fax (97:J) 6Gj.$6H IIJWIU/Jillamm APAC -Texas, Inc. Texas Bitulithic Division 2121 Ixving Boulevard Dallas, Texas 75207 Attention: Mr. Kirk Morris Area Manager Re: Belt Line Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway Asphalt Pavement Rideability Issues Dear Mr. Morris, APAC-Texas, Inc. began work on the "above referenced project on October 17, 2004 and performed the first night's asphalt paving beginning on October 21, 2004, continuing into the morning of October 22, 2004. The limits of paving were Eastbound L'lne 1 from approximately Station 11 +20 to 52+00. The quality of rideability for this section of overlay c· is unacceptable due to the severity and frequency of bumps in the new asphalt pavement. Please submit a proposed plan of corrective action for this section of new pavement. This plan must be reviewed and accepted by the Engineer and the proposed remedy completed by APAC-Texas, Inc. within the current 28 day project schedule. Any and all costs associated with this repair shall be borne solely by APAC-Texas, Inc. Claims for monetru:y damages and/or delays associated with this repair by APAC-Texas, Inc. will be rejected without consideration We are continuing to evaluate the remaining completed sections of asphalt overlay for '. acceptability. We will notify you immediately if we conclude there are additional sections of new asphalt pavement which require repair procedures. Please do not hesitate to contact us if you have any questions. Yours truly, H~T:d:;;:;pr'~1W. Ebeling ~ Director of Construction Services Cc: M. Murphy, Town of Addison R. Tones, Town ofAddison Tbe HNTIJ tompunies J. Pierce, Town of Addison S. Chutchian, Town of Addison J. Nicewander, Town of Addison J. Holder, HNTB Corporation S. Forbes, Ht-..1TB Corporation ( :. 11/11/2664 10:52 WAC TEXAS INC PAGE e2/e3 ~HLAND. APAC-Texas, Inc, A,ulmiiory.rA:.hland Pa~ngAmI Conlitlll<\i.n. Inc.Kirk P. Morris T~"". B~"I~hic Ollllol.nArea Manager P.O. Box 224048, Doll••. TX 75222-4048 Tol: 214 741-3531, F..: 214 742..3540 NovemJ.,"1 11, 2004 j\.fichael W. Rheling HNTB Corporation 5910 W. Plano Parkway Ste. JOO Plano, Texas 75093 RB; HNTB Lettto!' Dated November :5, 2004 Mr. Rnalin£;, In response to your letter dated November 5, APAC -Texas, Inc. first remind~ your firm that we boldly stated at the pre-construction meeting on October 14, 2004 that the pavprep product, and joint fabrics in general, do cause reflective bumps in the asphalt paving mat. We have never deviated from this stance. The manufacturer of this product even notes in its own literature that shadowing (a more delicate word for reflective bumps) can. and may occur. Still, lINTB has chosen to force the follow through of the use of this material to th<:: point of l"'lju,,~li)lg orally that APAC -Texas, Inc. re-source the project with ai,. thinner versiOI) of the pavprep joint fabric that still produces the same reflective bump results. R"prasent8tives from both Pavprep and their distrib\ltor Lone Stnr Products have been available alld consistently providing feedback. As to whether installation was correct or incorrect, these industry representatives have quickly pointed out that APAC -Texas. Inc. has cC)Tfectly installed the fabric. MAC -Texas, Inc. has been available to try every suggestion provided by the manufacturer and HNTB. Given the statements above, APAC -Texas, Inc. would only be meddJJng with the approved design for this project ill uro"r to remediate a problem. Design for this project is and has always been the responsibility of the Town of Addison and assumabIy their contract manager, HNTB Corporation. AP AC -Texll.S, Inc, is the contraotor for th.e Town or Addison. We only offer .. dvicc as to our preyjous experience not that any particular experie.nce has bearing on the current project. We seek to fulfill tho tho specifications as they are contracted. We can only point out where we t.hink dcsien has CAused cont1ic.t with specifications such as our statements made at the October 14, 2004 meeting. Therefore, the designer should propose a solution on how best to resolve these contlicts. Speaking specifically to your letter's denial of cost and time claims befure they materialize, we find thls issue tv btl disturbing and disheartening as to HNTB's and presumably the Town of Addison's unwillingness to partner together to find a best fit solution. The willingness to partner together in these issues has certainly been thee attitude of APAC nnd we !I.lIsurned with I IN1'D personnel associated with this project prior to the receipt of this letter referenced above. Ar'AC I toXA,=> INC11/11IL~~4 l~:bL .ASHLAND. APAC. Texas, Inc. A$"o,idiaf)' of A.nJond Paving And ConstrtlctiO!1, Inc,Klrl\ O. Morris r.... 8I1ul~hi¢ OMBio"Are$ Monager P.O. Box 224048, 00110', TX 75222-4046 Tel: 214 74103531, Fox: 214 742.;3840 In addition, we ar~ l:urremly visiting with Out subcontractor, Dustorl" Inc" about additional cost, if any, and time, if any, that will be needed due Dustrol's needing to remobilize the project to rework the butt joint at the railroad tracks due to the HNTB's representati.ve rcvcr3ing his previous dc:cision OIl where to place tbSl first butt joint at the railroad tracks. Obviously, this is a very time sensitive project which requires close attention to matters where decision reversal affects the overall critical path. Sincerely, Area Manager Co: M. Murphy, Town ofAddison ( R. Jones, Town ofAddison J, Pierce, Town ofAddison S, Chutchian, Town ofAddison J. Nicewander, Town ofAddison J. Holde!", HNTB Corponltion S. Forbes, HNTB Corporation '. PAGE 1l2/1!12APAC TEXAS INC2147423541l11/19/2004 14:55 ASHLAND. APAC-Texas, Inc• ...""",IdI.ry01 Acllltn.0.80.224049. Oaliis. rx 75222-4049 Tal: 214 741·35~1. Fex: 214142-3540 Nuv<;U1I.>~ 17, 2004 Michllel W Fooling. P.E. HNIB Corporation 5910 W. Plano Parkway Stc, 200 Plano, TX 75093 RE: November 12, 2004 Mter near Mr. Ebeling, APAC -Texas, Inc. acknowledges receipt of your letter dated November 12,2004. We Rtill cli~agrtle with many of the statements in your letter. Conflicting issues, such as the ones pointed out in your above referenced letter, need to be addressed in another forum. What is needed now, is to hear from HNTB, or the Town of Addison, in writing what will be the acceptable, and reasonablc, extra work needed for the area defined by Eastbound Lane 1 approximately Station II+20 to 52+007 We acla10wlcdge our role as the contractor /.'or the TowlI ofAddison. and as such. we stand. ready to perform at the direction ofthe Town ofAddison, or its contract manager. Upon completioJl ofsaid work, APAC -Tens, Inc. will pursue whatever course we deem Deoer-Stu')' to resolve these issues. Sincerely, lllfj2 Kirk D. Morris Mea. Manager Cc: S. Robertson, APAC -Texas, Inc. D. McEuen, APAC -Texas,Inc. R. Blackburn, APAC -Texas, Inc. M. Murphy, Town of Addison, TX R. Jones, Town ofAddison, TX 1. Pierce, Town ofAddison, TX S. Chutchian, Town ofAddison, TX ], Nillewander. Town ofAddison., TX J. Holder, HNTB CorpoOltiOJl S. Forbes, HN1Jl Corporation Steve Chutchian From: Mike Murphy Sent: Tuesday, November 16,20043:04 PM To: Chris Terry Cc: Ron Whitehead; Lea Dunn; Mario Canizares; Michele Covino; JERRY HOLDER (E-mail); Jenny Nicewander; Steve Chutchian; Robin Jones Subject: Belt Line Resurfacing Chris, As we discussed this morning, the contractor (APAC) is requesting expanded work hours to include day time work. As you know we are through with the east-west main lanes including all of the intersections and tum lanes east bound from Marsh to Midway. The contractor will not make any incentive money on this project if not 100% complete by end of work day this Thursday which is most unlikely and the diSincentive clause will take effect on Friday November 19th ($1 OK/day). Therafore, I recommend that we allow the contractor to expand their work hours to day time, taking into account the rush hour traffic in Addison .... 1will make sure that their work does not compromise morning, lunch and evening traffic. Robin Jones along with HNTB inspectors will coordinate all day time work .... daytime work will include tum lane paving in areas that are least effected by this type construction, work will also include button installation, stop bars, cross walks etc ... Day time work will not be done in place of the night time work. We expect the contractor to continue working in the evening hours until the project is complete. Day time work is being done only to take advantage of available weather and complete the project as soon as possible. Please call with any questions. ~ Michael E.. Murph.'!, FE. Directorot Fublic Worb (972) +50-2878 Wort. (21+) 21 5-5280 Mobile (972)+50-28}7 Fax E-Mail mmurph!J@ci.addison.tx.us 1 Steve Chutchian To: jholder@hnlb.com Subject; Belt Une Road Resurfacing Punch List Jeny: As a support to our conversation this moming regarding the Belt Una Road Resurfacing Project, please accept the following "punch" list of outstanding items, as developed by our staff: • The inside EB lane, from Marsh Lane to approximately Runyan, is very bumpy and should be milled and overlayed. • The existing asphalt surface on both sides of the RR track must be milled off and resurfaced with HMAC. • Several intersections should be milled and resurfaced due to bumpy conditions and lalge areas of damaged pavement. • Several manholes and water valves must be adjusted and the surrounding asphalt pavement be removed and replaced. • Extensive cleanup of loose aggregate is required in numerous areas, including sidewalks, inlet bottoms, and all gutters. The above punch list items should be forwarded to APAC-Texas, Inc. in order to successfully complete the project. Should you have any questions, please let me know. Thanks. Steve Chutchian 1 Steve Chutchian From: Mike Murphy Sent: Monday, November 15, 2004 3:06 PM To: Ron Whitehead; Chris Terry Cc: Robin Jones; Steve Chutchian; Jenny Nicewander; Jim Pierce Subject: Belt Line Road Re-surface Update Ron, Chris, To update you both on the progress/status of the Belt Line Resurfacing project. We extended the completion date ofthe project through Thursday night! Friday morning November 18th/19th. We granted the extension because we (HNTB & Addison) did not like the way the, originally specified, joint tape was going down and therefore asked the contractor to use another size material that was basically thinner. The delivery time extended the project by 3 days, we felt this was a good and necessary call. The project, as I'm sure you're aware, has been making steady progress. All east-west drive lanes are installed and contractor is wOrking to complete left tum and right tum lanes and median leave outs in the intersections. As of today Monday November 15th all of east bound is complete from Marsh to Midway. Tonight the striping contractor will begin his layout process and paving contractor will continue with the tum lanes and intersections. If weather permits it looks like the contractor should have the project either complete or mostly complete by quilting time Friday moming. It does not seem likely at this time that the contractor will qualify for any incentive money and possibly may fall into the disincentive category if not completed 100% by Friday. Aspart ofthe agreement all ofthe -Fine Tuning--punch list, touch up, cleaning, minorrepair, ticle quality Issues must be taken care of by Friday morning or the disincentive clause will kick in•••1t is ourgoal to deliver the type pmduct that we can all be very proudof andI have expressed this to HNTB andAPAC In as strong of terms as I can .••1know they both undetstandOUI position andare working very hardto accomplish this goal. According to Mike Ebling with HNTB, this is the best asphalt material he has seen in his 25 plus years of experience, so far we are are very pleased with the material being installed. There are however some ride quality issues on the very first course of asphalt that was installed on day one that we will address before we make final payment. The second phase of this project will be bid out in eal1y Spring of 2005. In phase II we will come back in and work on all of the intersections and crosswalks with a stamped concrete material that will define and highlight the intersections with a permanent colored brick style pattem. Please call with any questions. 1Itik Michael E. Murphy, FE Director of F u blic Works (972)+50-2878 Work (21+) 217-5280 Mobile (972) +,0-28}7 fax E-Mail: mmurph!J@cf.addison.tx.us 1 Be1t1ine Rd Update Page 1 ofl Steve Chutchian From: Michael Ebeling IMEbeUng@HNTB.com] Sent: Sunday, November 14, 200411:18 AM To: Jeny Holder; Scott Forbes; Jenny Nicewander; Steve Chutchian; Robin Jones; Mike Murphy; Jim Fierce Subject: Be/tline Rd Update Saturday, we paved 10 median tum lanes, EB and WB between Marsh and Midway. Sunday morning we paved three median turn lanes, WB ending at Marsh Lane and 5 right turn lanes from Marsh to Surveyor Blvd. We will continue paving right turn lanes tonight. Stripers will be in to begin striping layout. Weather permitting. mikee This e-mail and any files transmitted with it ate confidential and ate intended solely for the use of the individual or entity to whom they ate addressed. Ifyou ate NOT the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwatding, printing, or copying ofthis e-mail is strictly prohibited. 11115/2004 Letterto APAC Page lof2 Steve Chutchian To: WForbes@HNTB.com Cc: Jenny Nicewander; Jim Pierce; Mike Murphy Subject: FW: Letter to APAC Scott: We have looked at the proposed letter response to APAC-Texas, Inc. and agree with it in conlent and form. However, we were questioning the need to also reference the remaining number ofcalendar days in the contract in the letter. By doing so, do we position ourselves to successfully charge disincentive (liquidated damages) if il becomes necessary, or do we create a further adverse situation that will slow the progress of the project completion? Also, Mike and I drove Belt Line Road Ihis moming and found the lack of cleanup of aggregrate to be completely unacceptable. The sidewalks are covered with aggregrate, and a substantial buildup can be seen in the gutters along the entire length ofthe eastbound and westbound lanes. The existing curb inlets will continue to be the recipient ofexcess aggregrate due to gutter flow of stormwater and street sweeping. We would appreciate it if you would address this issue with Mike E. and APAC-Texas, Inc. Your assistance in this matter is greatly appreciated. Steve Ch utchian --Original Message----From: Mike Murphy Sent: Friday, November 12, 2004 10:28 AM To: Steve Chutchian Subject: FW: letter to APAC SC, FYI Michael L Murph9> rE D;",ctorof rublic Works C9n)-+50-2878 WoJ. (21-1-) 21 ,-,280 Mobile (972)+,O--Z8}7 Fax E-Mail mmurph!l@ciaddison.tx.us ---Original Message--From: Stott Forbes [mailto:WForbes@HNTB,comj Sent: Friday, November 12, 2004 9:00 AM To: Mike Murphy SlIbject: letter to APAC Mike, Take a look at this letter and lei me know ifyou have any changes/modifications you would Oke to see. I will get in APAC's hands after hearing back from you. Thanks, 1111212004 Letter to APAC Page2of2 , " Scott <<.:>:4______ " KNOW ALL MEN BY THESE PRESENTS, that we APAC-Texas, Inc. , as Principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the 'Surety'), are held and firmly bound unto The Town of Addison, Texas ,as Obligee (the "Obligee'), in the penal sum of Five Percent of the Greatest Amount Bid Dollars ($ 5% G. A. B. ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Pril;cipal hes submitted a bid for The Construction of Asphalt Paving and Striping for BELT LINE ROAD PAVEMENT REHABILITATION FROM MARSH LANE TO THE DALLAS NORTH TOLLWAY to serve The Town of Addison, Texas. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect; in no event shall the liabitity hereunder exceed the penal sum hereof. Signed and sealed this ___--'=='-_____ day of __-'S:::.e=pc.::t:.::emb==.e=r______ ,l!!K 2°0 4 WITNESS OR ArrEST: _=AP-,,:-:~-:;C,--_T....:exa---=..;;:.s.!..,_I;...n....c;....'--_______(SealJ LIBERTY MUTUAL INSURANCE COMPANY (Seal) Sumty This Power of Attorney limits the acts ot those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. 1163134 LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY ,KNOW ALL PERSONS BY THESE PRESENTS: That Liberly Mutual Insurance Company (the "Company"). a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint UNDA EDWARDS, ROBERT C. FRICKE, BETIYE ANN ROGERS, JAMES F. SIDDONS, ROBERT C. SIDDONS, STEVEN B. SIDDONS, DO.UGLAS J. WEALTY, HOLLY A.GRAVENOR, LORRIE SCOTT, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS..........,;.:L;..............:;·..:..:,............ ;::.•.:.·;·;:.;.....;,............;,;.:c:.........:;...:.;;;;...;;;:.;..: ........................................... .. ,each individually if Ihere be ni9.re·i·~an one narhed,'its true.:an~"laYirul attome"ywjnwfact to:make, execu~e,.seal;··ac~OwIedge and deliver, for and on its behalf as surat and.as its act and. deed, any and all undertakIngs, bonds, "reeqgnizances and olhe~ s'ure!y obiigations:in the penal sum not exceeding TWEN MILLION AND OO/100··H ".uOHm_.. . .. DOLLARS.($ 25;QOO.000,00--) each, and the execution of such undertakings, ·.~cj~g.s, reco9D[zances '~" other surety obligat!~ns, in.".pursuance·.:Cif.' these presE?nts. :-shall be as binding upon the Company as if they had been duly signed by.the~presiden.t ~nd attested by the secretary of-tta.e Comp'~y"}n their own p.rOper persons. That this power is rna-de and execut~d:':~:6'rs~~~: to and by:'~~'t~~rity of the fOrlO~;~;;BY.la,j/~~~ Auth~~~~!On: '. _".' '.. . .":-::.... • ." " . '.J. ARTICLE XIII -Execution o{C~;;;;cts: SeClion 5.s'~rinY Bond!i:a,ridUndertakingS'::'..:c'iC; .".. ".:' .. Any officer of the Company""aufhorized for that pur·pOse'lr:~rit.intJby the chairman or th,~~,:p,~?i~er~t;:antl subject to such limitations as the • chairman or Ihe president may prescribe, shall appoint such attomeys-jn~jn~fact. as may be necessary to act in behalf of the Company to make, S execute, seal, acknowledge and deliver as surety any and 'all undertakings, bonds, recognizances and other surety obligations, Such ..... ''55"' attomeys-in-fact, sub;ect to the limitations sel forth in their respective powers of attorney, shall have full power to bind the Company by their ~ ~ signature and execuHon of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be .=",w :-as binding as if signed by the president and attested by the secretary. -w.". ~ ..:.: ~ 'By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: -.c j ~ PursUant to Art;cle :XIII; SeClion5 of the By-Ii!ws, -TfmothY:C. Mulloy, Assistant sec;elary ·ofUberty M~ltJal Insurance Company, is hereby· .~ ...: I! BUthoriZOCi-to appoint-such attorneYS-In-fact as may be necessary to acHn"behalf of the Company_ to make. execute. execute. ·seal. acknowledge and c::e g; ~efiver al? surety any and aU'undertakings.,bonds,. recognizances and·other surety obligations, lij 0 ~m u~ .C> Q) :rhat the By-law and the AuthorizatiOn set forth above are true copies thereof and are now in full force and effect. :f:3 0:2' ~ ~ IN WIJNESS WHEREOF, this.Power·of Attorney h~S been subscribed. by an authorized officer or official of the Comp~ny an'd the corporate se~ ot" ~-5. -= -Uberty Mutual Insurance CQmpBOY has been affiXef.llhereto in Plymouth Meeting, Pe~nsylvanj~ this 28th day of -,Ianqary 0= II> '" 2003 . ..:( ...-~",'l'!'l -,-~. C' o~ • LIBERTY MUTUAL.lNSURANCE COMPANY Ii; 1!! ~ ~'" ,$6 BY~<:" h\~.-.~~·gi Tim~ssJstant'Sectari-S2 ~g1Ii'lii COMMONWEALTH OF PENNSYLVANIA ss .....t5' eCOUNTY OF MONTGOMERY .. . . '0 ~ :~~ -On this ~day of Janl1aiv , ...2Q.Qa..• before me. ':l Nota~ Public, personally came Iim8thv C. Mul!oy. to !TIE! knov.:n•.and acknowledged ;-~ , ~.-'that he Is"an Asslstant Secretary-of Uberty'Mutuallnsurance Company; that he knows the seal of. said corporation.; and that he executed·th.e above =1) I .... oJ' .. Power 0' Attorney and affixed the corporate seal of Libe.rty Mutual Insurance Company therelo with the:authority and at the direction of said corporation. ~..a;!IN TESTIMONY WH6~euntosubscribed my ~ame and affixed my notarial se~1 at P'lymouth Meeting, pennsylVaf!ia, on 'n;e day ~~d year ! ~ = Co) '"fJrst above written. : *' .'.. .......;..:.....~ .. '... ~~ CERTIFICATE 'I4Ryf''g'¢'''',:! ....•.. .c::-. ... ....,.; /~.~c ·',Jhe un'dersigned, Assistan ecreta{fnf ltti~ MutuarlnsU:,rance companyfd9·,·"t1eretY}: ce,ii1fy that::i~fi' qriginal·pow.~(o.t~ttorney of which the foregoing' .. is· a fulVtrue and correct copy, is ir({1,Itrtq{ce,jtnd effect ~frJh!?,·da!e of this -~~,~~icale; ani:f:'15?o turtlJ,~(~rtify"that t~~.F~fflcer or official who executed the said poWer of attorney is.an AssistaJ:lJ;.Secif3tary-specially·~4tb!5rized by thf:i·:t:.h~jrman Gr:lhe:presldentto appoint.attorneys-in-fact as provided in'Article XIII, Section 5 of the By-laws of Liberty :MultJat Insurance CorjJrJ:~Y.~·>·:<:.:.: • C"i., ,:.' :;:":::'c:.. ;'/This certificate and the abO'lleJ)~~~l'. of ~Ho~e'y may ~e~Sig~~d:'::~~:f~~'i~ile or~mecih~rrically r:ag·hidfi6~d··Si·gn·~tu~es under and .bY author~y of t~~ ;iollowing vote olthe board 01 direet6rsol Liberly Mutual Insurance Company ata meeting duly called andheld on the 12th day of March, 1980, . YOTED Jhat the facSimile or.mechanlc?lly repJ1?duced ~ignature of any assistant secretary· of the company, wherever appearing upon_ a certified copy of any power'of attorney issued by the company in connection with surely bonds, shell 6e valid and bln'ding upon the company with the same foice and effect,as th~ugh ma~ually affixed. ' ·IN.~Y=E~~hereunto subscribed my name and affixed the corporate seal 01 the said company, this _ ..Z.""9.L1lUH"-___ day of . . ·t~, '. C!j...p..y//\.~:\~.',I'~ ,)i:) _ _ By. ~~P./~.\Z'!:frl . . JohW!'. X. Hee, Assistant Secretary BELTLiNE ROAD PAVEMENT REHABILITATION MARSH LANE TO DALLAS NORTH TOLLWAY ) ) I______-.+-__________~~,~,o,oaoo I-------.LM.!L-----------Cenls per unit ICornpl~JII-io "'0'::&. l'or tihe Sum of 1____Tf_________________v,~,o,.aoo 1___-"''''-_______________ Cenls per unft jJ;,Place. lor the Sum of 000Cents per unit and per unit ICo!!lPll!te in Place. for the Sum of and 1=1Q~(:========~CeC;;~nl;..:;pe:·;rlunit V4J /~ /2/';Xl Jb45~ J 35)75~ ~.:~:_1 r~.~~':~!~-;-' -~ -_~ ~~~l,~.~~.-{~;,~r-~ ..~--c-.--~_""'_I ~ ~=~"""==== complt;.:.,tece. for the Sum of 42 l~7(;;{)~Dollars and per untt PF-5 of 8 REV. 1 BELTLiNE ROAD PAVEMENT REHABILITATION MARSH LANE TO DALLAS NORTH TOLLWAY ) Sum of 1____~------------------~U"G.•and 1__-'''''''-_________Cents per unit and JZcf9 Cents per unit 10; SlVI!!' ~ and Cents per un~ emu,Place, for the Sum of 1__-...,.__.-+________,DolI.'" and 1_.,.fP9..""--'-_____________ Cents per unit 7"/3b~I 1~~!!5' "c,., " "" -_,0 "'~"" l' ,~'" ,~,""."""",",_, ,_~". r -, ,. ~N_,~' 1 ! ' " 'I ~~~~~~;~=~~ Co!!fl."'" in Place, for the Sum of llf1 2ql/1DfJ!t.b Dolla", and mrY Cents per un~ PF-6 of aREV. 1 BELTLiNE ROAD PAVEMENT REHABILITATION MARSH LANE TO DALLAS NORTH TOLLWAY Coi'!!Bl§le in Place, for the Sum of IComJ>llm,lQ Place, for the Sum of end Pc Cents par unit IC4;1!"~t~te in Piece, for the Sum of 1~~.-________________vw'.'.wW I-U""----------Cents per unit 1_,,/-'___________,00118'" end1_-'S"";__________Cants per unit 78~ ~'" ::,-:~~-~~I~~ "~ .:~""~"'",~~):~-,,,·~.,",->\' :·':~·~-~~ll,:~:~ --" ".:"~:: ..___ '~~~-~_-.. ~~--~~'~,~,~-! ~~~£~~~~~ ~~B;4tTsumaf 789' Iltf13~ ,I; Dollars and I Cents per unit PF-7 of 8 REV. 1 BELTUNE ROAD PAVEMENT REHABILITATION MARSH LANE TO DALLAS NORTH TOLLWAY I__~~------------------~V"O'OSOO1--"U2.---------Cents par unit I____~~----------------~v".,oaoo I---"UL---------Cents per unit IComplleteln Place. for the Sum of 1____________________,JV,,~,·aoo 1_____________Cents par unit Place, for the SUm of andI============::-;:;';;;::r·,"nll 78~ I~ J'9 ~ri.!S~OUNTBID FOR MATERIALS AND SERVICES,ITEMS 1 THROUGH 22, $ 7~7U1/!9 WRI1TEN IN WORDS: :~~~~~3lI_ NOTES: 1. All ltams, labor, materials, equipment, facmties.lncfdent.als, and....m.: l8QI.Iirndtbr construction of the projeet are to be provkled and 11l5f.allad by the Contractor M part of lhe prqeet and payment for the cost Of &OCh sbaI be Included In the ptke bldfor the consuucHon of the project.. 2. PrIces must be shovm In words and figures far each Item ilslad In this proposal. In the event ofdiscrepancy, the woofs shan control. 3, It ts undfJfll!ood tho 1M Bid Securityshall be coIleetad and retained by1he OWmr as Ilqukta.{ed damages In the event a contract is made: by U,a OWner based en !his ~Wlthln nlnety {SO} ealend.iU days after.raeeMng bkfs and the undnlgned falls to execute the eontracI:and required bonds within two (2) days from the dale !he Contractor Is notlfied and has reoelved the conformed documents. After thls period. tf the contract haS been ekecuted and the required bonds have been submitted. the said aid SeCUrity shall be: rebJmed to the W1derslgned upon demand. Bidder's Tax 1.0. No. or Employer No.: 58-1401466 PF-8 of 8 REV. 1 SECTIONPF PROPOSAL FORM TO: The Honorable Mayor and Town Council Town of Addison, Texas Gentlemen: The undersigned bidder, having examined the plans, specifications and contract documents, and the location of the proposed work, and being fully advised as to the extent and character of the work, proposes to furnish all equipment and to perform labor and work necessary for completion of the work described by and in accordance with the Plans, Specifications and Contract for the following prices, to wit: Signed By: ACKNOWLEDGEMENT OF ADDENDA: The Bidder acknowledges receipt of the following addenda: Addendum No. I Dated: -'51;:0:=.1frt..!.-·_'l..-?::;....,;;r~=;....j. Addendum No.2 Dated: ___-:-____ Addendum No.3 Dated: ________ Addendum No.4 Dated: ________ Addendum No.5 Dated: _____"---__ Addendum No.6 Dated: _________ PF-2 of 8 REV. I PROPOSAL FORM Proposal a Corporation organized and existing under the laws of the State VL "_______________• OR Proposal of 8o..J~{fJ tJ ~(U OG.e:= ~ ~~ LP a partnership consisting of Auj'iTI N £'L\ D<4.ef" .., ~~ and ".p,0s.-b'+J Q,~tl'~a JrNC • OR Proposal an individual trading as _________ OR Proposal a Joint Venture consisting v._____~___~""" _____"____________ and __________________________________ TO: Town of Addison, Texas Sealed bids addressed to the Town of Addison, Texas, for the Constroction of Paving for BELT LlNE ROAD PAVEMENT REHABILITATION FROM MARSH LANE TO THE DALLAS NORTH TOLLWAY for the Town of Addison, Texas, hereinafter called "Town", in accordBnce with the plans, specifications and contract documents prepared by HNTB Corporation, "will be received at the office of Ms. Minok Suh, Purchasing Coordinator, Finance Building, 5350 Belt Line Road, Addison, Texas until 2:00 p.m. on Tuesday, the 2S' lIP' 3, ~ ~~! .~ ... ;;'~.. ,o. ~ ,,~ I~ m ~~~ o~l:! ·0 I~ "," "m"p~ Ii ii .~" ~i IO!! i!~5_ Ci o. ·h >lo a!ii '. ....... iii ~ h ~8~ ~~lgI i ~ ~~~ ~ ~ ;:; ~~a • :; ~h .~ I'~ H~ ~"C ~gi do 1l"~~ ... ~il ·0 ~ ~ p. h "I "I~I 'm~~ i~ jj{'" .. ~ ~r8,< 0, ~§ •r i-'z. :\ • I ~ :!I •• <~ •• ~ " 0', .~S i ~;=; ~ ~~ ·I~~ ... "" ~ n i iii m,1d ~i ~~I s c~,... .... ~,... r .~ §J~g=i ." ~,...~~~g .~"~ ~i~ :"'00': §B~~:;... m " ~zli! m. pi!'"~~O~'" -el~.. i~iJo ~!ll ll •• r_lI~'" ., t -~!! " ~ ~~; ~~~! !. ~; ~'" ., :e li ~;g ~~~~ ;:;:gf. <.~ ~I~i •• ~·~m~~ afilJo"~"•• ~~. ~~ ". ..~.o • ~. "',.. ~ tj' ....... :!fl .d ~~ ~Il~ ~~"'f> ~ii 1I~' d li!1.s~~ ~~ .,. H£ " ;n .. .0· ~o>~: ~ ~l: ~.~ ~§·~I ~~~ ic i; ag ~~~i l'>5~i!:§~. ~.~ol::! ?"~;:! l~ 5.~n ~ih"~ ~i~ ~ ~~ie ~ a ~~i~ ~·1 • ~ ~ iii ~ ~ z 'I ~ ~ --11 I' 1\' I~ 11' W:!: , ~It!KT': ..·r"';....· ...... .. .... L~_ IIClHI CL1I~ HarI:>AUt.reH.MZEO llUTII;II5 nVPI 1.... ..... ..... ~Mt /, 1'\."",1~ ~ ~..... ~ ~w LEJD ACIt'l'l.IC FII:'U:I;lT(fIlUO Mltri 11\'P, 1 LEGEND: ® UIUIIW I'CRTUKI UI'£HT «lOCRE1t PAV!:I€HT ® i~ llm'.)( ASf'ItJIi.. tiC CO£HT ~rEf'oIM:I€HT, TTl'[ 0 @P,l.~Ktlf ptAHIN:l. YAAImt.[ ocpnl ® UI$TI"IG '1~1o'.IU ® PAVE!O(l' waKlHO: JO!: UIST~ l.N€ _01 $P1i£1!;G UlU!Mi ~SltIlIru:CTrtI 8'1' ~(fi OOmEtR tTVPI TRAFFIC eUTTQNS/MAfij(ERS ~, MOltl U!lt rOl IHTlRHJL nWoIa L~S. un tWlh LAt¢$, VSl r(ijl RIGtlT TUIJl LA/€$ At $1"A ",(\0 TO IWffTAIN PCmTIVE QftAlH.l«. 10' WEDGE HILLING th VAilWilE I)(:PTlo! Q" 10 r '" I TVPIr.jJ SECTIONs AND OETAllS BELT LINE ROAD PAVEMENT REHABILITATION MARSH LANE TO DALLAS NORTH TOLLWAY ADDENDUM NO.1 September 23, 2004 To: All Bidders This addendum becomes a part of the "Belt Line Road Pavement Rehabilitation Marsh Lane to Dallas North Tollway" plans and specifications. Page PF-2 of the contract documents must be filled out by the bidder acknowledging the receipt of this addendum. Bids will not be accepted ifthe above instructions are not followed. All provisions ofthe original "Belt Line Road Pavement Rehabilitation -Marsh Lane to Dallas North Tollway" plans and specifications sbeU remain in full force and effect, except as modified by this addendum No. 1. This Addendum is two (2) pages, with nine (9) pages attached and two (2) plan sheets attached for a total ofthirteen (13). MODIFICATIONS TO THE PLANS & SPECIFICATIONS: Note: The word "sheet" in this addendum refers to the construction plans. The word "page" in this addendum refers to the construction specifications. 1. Section PF -Proposal Form: Remove Section PF --Proposal Form (pages PF-l through PF-8) in its entirety and replace with Section PF -Proposal Form (pages PF-l Rev. 1 through PF-8 Rev.1) provided with this addendum. 2. Section SP -Special Provision: Under Section 47. GENERAL SEOUENCE OF CONSTRUCTION add the following after the first paragraph: "As stated above, the Contractor will have his equipment offthe project site and the surface ready for traffic on all lanes. !Ili1J§~:Mi')l3',;l5minuteinctement Qr portion.thereQfb"eyond 6:QO'i:m. and 11 :'00 a.m. that the'COntractGrdoesnot have ihe project ready.for· traffic onallimes, the Contractor will be ch:aIged $1,500/15-miriute increment or portioiIi:hereofimtilthe sutniceisteady for traffic on all lanes; Time determination for the surface being ready for traffic on all lanes will be made by the Engineer." 3. Special Provision 001-Hot Mix Asphalt, Type D, 2" Min. (Pi: 76-22); Under Section 340.4.1. rude Quality, cliange the NCTCOG Standard Specification rererence from 302.9.6.8 to 5.7.4.i. A copy ofNCTCOG Standard Specification 5.7.4.1 is provided with this addendum. Page 1 of2 (Addendum No. 1) 5. Sheet 2 General Notes and Ouantities: Updated summary ofquantity table to include an additional pavement wedge milling item. Replace the existing sheet 2 with the new sheet 2 Rev. 1 provided with this addendum. 6. Sheet 2. General Notes and Ouantities: Under "Construction Phasing", Note 1, add the following sentences: "Any lateral Butt Joint or Wedge Milled edge will not have a standing edge and will be filled with a temporary asphalt fillet. Temporary asphalt fillets will be either a paper joint with asphalt or cold mix. No milled concrete will be used for the temporary fillet. All main lane milled surfaces will be covered at the end of each day's work." Replace the existing sheet 2 with the new sheet 2 Rev. I provided with this addendum. 7. Sheet 2. General Notes and Ouantities: Under "Construction Phasing", add Note 7 as follows: "7. Maintain positive drainage. Contractor will phase' construction in such a way that will not pond water." Replace the existing sheet 2 with the new sheet 2 Rev. I provided provided with this addendum. Items ofClarification: 1.' Pavement Milling Disposal Location: The Contractor at their option can dispose ofmillings at the Arapaho Road Construction site. Arapaho Road is located to the north ofBeIt Line Road. Arapaho Road from Surveyor Boulevard to Addison Road is currently under construction. Archer-Western is the contractor for the Arapaho Road project. Don Good (972-361-0062) is the contact fur ArcherWestern. The Belt Line Road Contractor will need to contact and coordinate milling stockpile location( s) with Archer-Western. The Belt Line Road Contractor responsible for shaping and maintaining milling stockpile( s). END OF ADDENDUM Page 20f2 (Addendum No.1) British American Insurance Company P.O. BOX 1590 I 3535 TRAVIS STREET, SUITE 300 I DALLAS, TEXAS 75221 /(214) 559-4887 I 1-800-964-4242 BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That we AUSTIN BRIDGE & ROAD. LP , as Principal, (hereinafter called Principal), and BRmSH AMERICAN INSURANCE COMPANY , of the City of Dallas. Texas, a corporation duly organized under the laWS ofthe State of Texas, as Surety, (hereinafter called Surety), are held and firmly bound unto City of Addison • as Obligee. (hereinafter called Obligee), in the sum of Five Percent /5%) of the Greatest Amount Bid DOLLARS ($...... S% of GAB''') 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. joinfly and severally. firmly by these presents. WHEREAS, the Principal has submitted a bid, dated September 28th. 2004 for: "AsPHALT MILLING & OVERLAY PROJECT AUSTIN JOB #N04194 ADDISON, TEXAS" NOW, THEREFORE, ifthe Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful perfonnance of such Contract, or in the event of the failure of the Principal to enter into such Contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perfonn the work covered by said bid, if the later amount be in excess of the fonner, then this obligation shaH be null and void, othelWise to remain in full force and effect. Signed and sealed this 28th day of September, 2004 . AUSTIN BRlDGGE & ROAD, LP Principal Jerry Barnes Vice President BRITISH AMERICAN INSURANCE COMPANY B. urev-~ (5 I) Daniel T. Howard, Attorn . -in-Facl Bond Number: H-5Sll BB9901 (10199) BRITLSE: Al.V./ElUCAN INSURANCE COMPANY POWER OF ATTORNEY Corporare Headqilal:'te::l!. 3535' T:i:a'vis, Suir.e 300, Dallall. Te:-..l!S 75204 KNOW ALL PERSONS BY THESE PRESENTS; TIm B:ru:rISE AMERICAN INST1RANCE COMPANY, a Te;r..l!S corporation, does l:i.eIeby appoint:-, --Paul W, Em, I.E. Sollram. Daniel T. Hawatd. DaVlllKtrii:ht, Tegistlmkowiak: of Dallas. Texas __ itl! true and lawful. A~(8)-ilt-Fact, with full authority to exe= Oll. its bel!aJf bonds, 1liii:iertaldng;s, recognizllllce and other COlIIraClll of iltden:mi:i:y and wtiliIlgs obligamry ilt the na= tllereof, issued ilt the CC1ltSe of its business, and to biltd tb.e cOIllpmy tl:Jereby. IN WITNESS WHEREOF. 13ritil!ll AmericlIll Inmu:ance COIllpmy has e=m:ed tb.eIle prese1l!l! t!rls 5th da:y of May . 2003. ~~. Paul. W. Bill. l"residam. STATE OF TEX.AS § COUNTY OF DALLAS § On t!rls 5$ . da:y .or Mmr. 2003, before me._ tile above IlllIIlIld ofB.cer. of J3rit.iah Americ:m Inmu:ance COIllpmy. to me personally known to be the .i:a.dividoal. and officer officer described Ilerein, and acknowledged tha:t he executed the foregpillg ilIa1:J:1:lmcm I!lld affixed tb.e seal. of said corporation.tllereto by amb.oriJ:.y ofllis offiJie• .. -Notary Jil!Iblic III and For tb.e StlI.Ill of Tens CERTIFICATE The "",,0-is _ ..... !lie I!IIIiJ!!IirY f1f ... follawiJJg' ","o!alUm. i!dDpled by !lie E.'tIIC:Ittiv. ~of ... Board of:O"""""" of:British _ In"""""" ~at a XIllIOIiI!i lla!d. O!t'" Zl'!l!. ofMlm:h. 1980. "RESOLVEIl. !l!.at 1llo l.'residm shall.be ard is lum!by v.-Will! 1llo fuII....-am! lllllImrny m aw;,m" my 00. OF mom 8!Iin!I:!lo lI'""""" as Attm:noy(,)-in-F"" to n:promIl: am! "'"for am! OIl _ f1f1llo ~oubiet.:t1o 1llo following ~ 1. A.to:m:toy..;".Fa.cr.may be !IiVm full p""""'1l1l'i1lllIilcIW os !J!I!Ilned. in 1llo -.at AlImnoy for lIIldin ... IlIlIIIC at am! ""_of1llo CIlllIpmj' 10 """""'" acknowled&l: am! deIrIo. iit1lllily mI """'l' bonds am! otluor bOllds. c_of _ • .....",. m mcdIficarinm at """'l' """"""'" .. may b. rmY" liability ~•.am! my ..... _ so .m:utod by my sw:b.AlImnoy-in·FW-51fT D.oo: 'I'-I{) -0f. 1:16 2 OK PUBLIC WORKS From: Jim FJefUt P.E. Aut.l'ubllc WI<>. DiT. lb.n" 972/450-2879 FAX: 912.1450-2837 Jpwu@d..tultllttltl,f.(.W 16801 Westgrove I'.O.Box 9010 Addison, TX 75001·9010 om o CslilllC GENERAL PROVISIONS Item 1.57. £/;;"1114./-e ~/11 I, 36, /In '/5 . en 'f,refJ ITEM 1.57. TERMINATION FOR CONVENIENCE OF THE OWNER 1.57.1. NOTICE OF TERMINATION The performance of the work under this contract may be terminated by the OWNER in whole or from time to time in part, in accordance with this section, whenever the OWNER shall determine that such termination is in the best interest of the OWNER. Any such termination shall be effected by mailing a notice of termination to the CONTRACTOR specifying the extent to which performance of work under the contract is terminated. and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the OWNER. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the OWNER regarding such discretionary action. -:J:'Vl CtI.~ t>.f-~tI'Wl'11.tL'hiY)) \Vlcevritvf7 1.57.2. CONTRACTOR ACTION dl5lVlLevtt-tVe (JtiJVIStdYL5 sM! ru-/-arl''r/' After receipt of a notice of termination, and except as otherwise directed by the Engineer, the CONTRACTOR shall: (a) stop work under the contract on the date and to the extent specified in the notice of termination; (b) place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion the work under the contract as is not terminated; (c) terminate all orders and subcontract to the extent that they relate to the performance of work terminated by the notice of termination; (d) transfer title to the OWNER and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: (1) the fabricated or unfabricated parts, work in process. completed work, supplies and other material produced as a part of, Or acquired in connection with the performance of, the work terminated by the notice of termination; and (2) the completed or partially completed plans, drawings. information and other property which, if the contract had been completed, would have been required to be furnished to the OWNER. (e) complete performance of such part of the work as shall not have been terminated by the notice of termination; and ([) take such action as may be necessary, or as the Engineer may direct. for the protection and preservation of the property related to its contract which is in the possession of the CONTRACTOR and in which the OWNER has or may acquire an interest. At a time not later than 30 days after the termination date specified in the notice of termination, the CONTRACTOR may submit to the Engineer a list, certified as to the quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter. the OWNER shall accept title to such items and remove them or enter enter into a storage agteement covering the same, provided that the list submitted shall be subject to verification by the Engineer upon removal of the items, or, if the items are stored. within 45 days from the date of submission of the list, and provided that any necessary adjustments to correct the list as submitted shall be made prior to final settlement. 1.57.3. TERMINATION CLAIM With in 60 days after notice of termination, the CONTRACTOR shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Engineer upon request of the CONTRACTOR, made in writing within such 60-day period or authorized extension thereof. any and all such claims shall be conclusively deemed waived. 1.57.4. AMOUNTS Subject to the provisions of Item 1.57.3 .. the CONTRACTOR and OWNER may agree upon the whole or any part of the amount or amounts to be paid to the CONTRACTOR by reason of the total or partial termination of work pursuant hereto. provided that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise niade and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the CONTRACTOR shall be paid the agreed amount. No amount shall be due . for lost or anticipated profits. Nothing in Item 1.57.5. hereunder, prescribing the amount to be paid to the JANUARY 1998 41 Steve Chutchian From: MinokSuh sent: Friday, August 20, 2004 10:21 AM To: Steve Chutchian; Jenny Nicewander Cc: Jim Pierce; Mike Murphy; Shanna Sims; Jerry Holder (E-mail) Subject: Bid 04-33 Resurfacing Belt Line Rd Steve. here is the updated bid schedule we discussed this moming. I will also notify Cannen, Michele and Gayle of the schedule. Please let me know of any changes to be made. Also can you get me the estimated cost. Bid No: 04-33 Bid Name: Resurfacing Belt Line Rd Final Bid documents due to Purchasing -Thursday, September 9 First Ad -Friday, September 10 Second Ad -Friday. September 17 Pre Bid -Tuesday. september 21 @2pm(SvcCntl") Bid Open -Tuesday, September 28 @2pm (Finance) Recommendation to Town Hall -Monday. October 4 Put on Council Agenda -Tuesday, October 5 Council-Tuesday, October 12 Award Letter and Contractor signs contracts -Tuesday. October 12 (after Council Approves) Ron Whitehead and Cannen sign contracts -TueslWeds Oct121Oct 13. Pre Construction Meeting -Friday, October 15 @2pm (Svc Svc Cntl") Bonds& Ins duelWill issue proceed letter (effective to start Oct 18)-Friday, October 15 Start Construction -Monday, October 18 End Construction -Friday. November 12 MinokSuh Purchasing Coordinator Town of Addison 972-45Q..7091 1 AGREEMENT TillS AGREEMENT is made by and between HNTB Corporation, hereinafter called "ENGINEER", and the Town of Addison, Texas, hereinafter called "OWNER." WHEREAS, OWNER desires ENGINEER to perform certain work set forth in Section 2, Scope of Services. WHEREAS, the ENGINEER has expressed a willingness to perform said services, hereinafter referred to only as "services", specified in said Scope of Services, and enumerated under Section 2 of this Agreement. NOW, THEREFORE, all parties agree as follows: SECTION 2. SCOPE OF SERVICES The following Basic and Additional Services, when authorized in writing by a notice-toproceed, shall be performed by the ENGINEER in accordance with the OWNER's requirements to provide preliminary engineering and design services from the Dallas . North Tollway to Marsh Lane along Beltline Road in Addison, Texas. Project Description The project limits are from the Dallas North Tollway to Marsh Lane along Beltline . Road in the Town of Addison a distance of approximately 2 miles (10,600 feet). The scope of work for this street project has two phases: 1.0 Preliminary Engineering and Design Services and 2.0 Construction Engineering and Inspection. The work consists primarily of pavement rehabilitation through an asphalt overlay, utility structure adjustments and final pavement striping. This work does not include utility relocations or replacements. The scope of work for each phase is discussed below. All design and construction management functions will be performed directly by HNTB Corporation with the exception of construction materials testing and other specialty engineering required in the design and/or construction phases of the project. 1.0 Preliminary Engineering and Design Services Proposal 1.1 PRELIMINARY ENGINEERING PHASE In this initial phase, the existing pavement conditions will be evaluated and appropriate rehabilitation strategies to obtsin a 10 year design life will be recommended. The following tasks will be completed: data collection; field investigation; base map preparation; and a preliminary engineering summary. Data collection -Engineer'will attend one kick-off meeting with Owner's staff. A review of existing records will be made to acquire information on existing pavement structures and utilities. Existing aerial photos and planimetric drawings 1 of the street will be obtained from the Public Works Department, as well as computer drawing files to aid in development of preliminary plan view drawings of the streets. Field Investigation -The field investigation will include a visual pavement condition survey, assessment of the number of underground drainage and utility structures requiring adjustment and an inventory of any miscellaneous items which may require reconstruction or adjustment under this contract. The field investigation will also include an assessment of the existing sidewalk ramps and the need for new ramps. Base Mapping -Utilize existing aerial photos and planimetric drawings of the street, as well as other computer drawing files to develop preliminary plan view drawings of the streets. All drawings will be provided in MicroStation format. Obtain from the Town and show on the plan view drawings, business names and addresses within the project area. Preliminary Engineering Summary -The results of the Preliminary' Engineering phase will be summarized in a letter report, which will include the design recommendations and opinions of probable construction cost for the project. Coordination with the Owner during development and finalization of rehabilitation designs will ensure concurrence with the recommendations. This would include one meeting to discuss results of work (prior to report preparation) and one meeting to discuss Owner comments after review of report. 1.2 DESIGN SERVICES Following the Owner's Authorization, this phase includes preparation of contract documents, public information plan, design submiuals, and bidding assistance. Contract Documents -Construction plans, specifications, and other contract documents will be prepared based on Town of Addison and the North Central Texas Council of Governments Standard Specifications for Public Works Projects. The Contract Documents will include the Owner's most recent frontend documents with the relevant project data, applicable Standard Specifications, Special Provisions and Technical Specifications as required for the project. Engineer will coordinate with the Owner on standards currently being developed. Updated standard details and specifications will be incorporated in the bid package as they are available. The rehabilitation plan will include existing and proposed curb/gutter lines, driveways, sidewalks, at-grade utility structures, existing and proposed pavement markings and abutting property addresses. The proposed sheet list includes: 1. Cover sheet 2 2. General notes and legend (2 sheets) 3. Project layout (2 sheets) 4. Typical sections (1 sheets) 5, Rehabilitation plan (12 sheets at 40 scale) 6, Traffic Control Phasing and Details (6 sheets) 7. Striping & Signing (6 sheets) 8. Special Details as required (2 sheets) 9. Standard Details -Roadway, Utility, etc. (3 sheets) Public Information Meetings -The purpose of the public information process for this project is to insure that the impacted businesses along the project have a basic understanding and awareness of the nature and impacts of this public works project. The Owner will coordinate and distribute the meeting announcements. The Owner will copy and distribute all information. A maximum of two public meetings attended by the Engineer are included. Design Submittals -A draft (70%) submittal of plans (no contract document or estimate) will be made to the Owner and review comments incorporated prior to , the 95% submittal. The 95% submittal will include plans, quantities, contract documents, and opinion of probable construction cost. Comments from the reviews will be incorporated prior to finalizing the construction documents. Two meetings to discuss the 70% and 95% review comments with Owner's staff are included. Written responses to review comments will be provided with each subsequent submittal. Bidding This task includes: printing and distribution of construction documents (provide 3 11 "x 17" paper sets of plans and 3 contract documents to the Town for their records and 20 CD's containing plan and project manual information for distribution to contractors, suppliers and plan rooms); attendance at the Pre-Bid Meeting; preparation of Addenda required to change or clarify the construction documents; tabulating bids; and making a recommendation for award of the contract, attendance at the preconstruction meeting. 2.0 Construction Engineering and Inspection It is anticipated the Owner will require assistance with construction inspection and management throughout the construction duration. It is understood that the Owner will assist the Engineer with construction inspection activities. The following tasks will be performed by the Engineer: • Provide input for constructability during the design phase. • Act as the Owner's representative in coordination with other public and private agencies and utilities affected by or involved with the construction project. Seek solutions for construction conflicts. • Monitor construction activities for general conformance to the Contract Documents including office/on-site observations. Prepare daily construction inspection reports. Notify the Contractor of deficiencies in the Work and coordinate the resolution of deficient issues. 3 • Assist in working with the Contractor to address RFI's, shop drawings, and related questions concerning design issues to support timely response. and resolution of issues. • Review requests for alternatives and substitutions from the Contractor and submit them, together with Engineer's recommendations, to Owner for consideration. • Review and make recommendations on contractor submitted shop drawings and other required submittals. • Assure motorist and pedestrian access within the project limits as required by contract specification and traffic control plans. . Review the construction work zone traffic control for conformance to the traffic control plan. Notify the Contractor of deficiencies in the traffic control and monitor the Contractor's effective response in a timely manner. • Arrange for review and inspection for specialty construction items. • Review testing results for conformance to the contract. Coordinate revised means and methods with the Contractor to achieve required test results. Review Contractor submitted results of material testing for conformance to specifications. Monitor off site testing as necessary. • Prepare change orders for revisions to plan work andior extra work items added to the Contract. Evaluate any Contractor claims for time extensions. • Prepare preliminary and final deficiencies lists at intervals during the overall Project duration. Assure the satisfactory resolution of all deficient Work. • Measure all project pay items and calculate final pay quantities. Present the calculations to the contractor for certification of final payment. Prepare the final documentation for payment and certify the amounts due the Contractor. Review lien waivers as required by specification. • Assemble supporting documentation and assist the Owner in evaluating monetary claims for damages if submitted by the Contractor. • Deliver to the Town all relevant construction documentation generated as a result of the project. SECfION 3. PAYMENT OWNER shall pay ENGINEER for services authorized in writing as properly performed by ENGINEER on the basis herein described, subject to additions or deletions for changes or extras agreed upon in writing. Basis ofCompensation OWNER shall make payment monthly to ENGINEER based upon statements submitted by the ENGINEER for work performed. Compensation for performing Preliminary Engineering and Design Services shall be as shown in Exhibit A on a Lump Sum amount of $102,345.27 for the Design Phase. Compensation shall be as shown in Exhibit A on a Cost Plus to a maximum of $66,207.46 for the Construction Services Phase. 4 SECTION 4. RESPONSIBILITIES OWl'<'ER shall perform and provide the following in a timely manner so as not to delay the Services of ENGINEER, and ENGINEER may rely on the accuracy and completeness of the following: • Authorize ENGINEER in writing to proceed [authorization to proceed is given by the execution of this Agreement]. • Place at ENGINEER's disposal aU available information pertinent to the Project, including previous reports, drawings, specifications or any other data relative to the design or construction of the Project. • Designate in writing a person to act as OWNER's representative, such person to have complete authority to transrait instructions, receive information, and interpret and define OWNER's decisions with respect to ENGINEER's Services for the Project. • Render decisions and approvals as promptly as necessary to allow for the expeditious performance of ENGINEER's Services. • Obtain, arrange, and pay for all surveys, advertisements for bids, perraits, licenses, easements, rights-of-way, and access necessary for the performance of ENGINEER's Services. • Make OWNER's facilities available to ENGINEER as required for performance of the Services under this Agreement, and provide labor and safety equipment required for access. • Require all construction contracts to include provisions requiring Contractors to indemnify OWNER and ENGINEER and requiring Contractors to name OWNER, ENGINEER, and its parent company, affiliated and subsidiary entities, directors, officers and employees, as Additional Insureds on Contractors' liability insurance policies. • Maintain property insurance on all pre-existing physical facilities. • Provide a Builder's Risk All-Risk insurance policy for full replacement value for all Project work, which will include, without liraitation, coverage for loss due to defects in materials and workmanship· and errors in design, and will include OWNER, ENGINEER and Contractor as insureds. • Give prompt written notice to ENGINEER whenever OWNER becomes aware of any development that does or may affect the scope or tiraing of ENGINEER's Services, or any defect in the Services of ENGINEER or its subconsultants, or the work of construction Contractors. • Advise ENGINEER of the identity and scope of services of any independent consultants retained by OWNER to provide services in regard to the Project. Unless otherwise provided in this Agreement, OWNER shall bear all costs incident to compliance with the above items. SECTION 5. TIME FOR PERFORMANCE ENGINEER shall perfonn a:1I services as provided for under this Agreement in a proper, efficient and professional manner in accordance with the: terms of this Agreement. The follOWing schedule is proposed to meet the Owner's goals. The schedule is based from the time a notice to proceed is given to start the design work. Project Kick-off meeting Field Investigation Preliminary Engineering Summary Owner Review & Approval 70% Submittal (plans only) Owner Review 95% Submittal (plans, manual, & estimate) Owner Review 100% Submittal (Complete contract documents) Advertising of Construction Project Bidding Review Award of Construction Contract Design and Owner Review Total Bid Phase Total 1 Day Week 1 Week 2 Week 2 Week 4 Week 4 WeekS WeekS Week 6 Week 6 Week 9 per Town Council action 6 Weeks 3 Weeks Estimated Design and Bid Phase Total 9 Weeks The proposed schedule for advertising, pre-bid conference and bid opening as shown above to meet requirements of the Owner is estimated at three weeks. In the event ENGINEER's performance of this Agreement is delayed or interfered with by acts of the OWNER or others, ENGINEER may request an extension of time for the performance of same as hereinafter provided. Ifsuch delay is in excess of 60 days on any one occurrence or a cumulative delay of over 180 days, ENGINEER shall have the right to renegotiate the remainder of this contract. A delay shall be defined as any event caused by others that substantially inhibits the ENGINEER from proceeding with its services on the project. This shall include, but is not limited to, OWNER reviews, rightof-way negotiations and awaiting critical information to be supplied by OWNER or franchised utility companies. No allowance of any extension of time, for any cause whatever, shall be claimed or made by the ENGINEER, unless ENGINEER shall have made written request upon OWNER for such extension within 14 calendar days after the cause for such extension occurred, and unless OWNER and ENGINEER have agreed in writing upon the allowance of additional time to be made. Provided, however, ENGINEER shall not be considered in default hereunder in delays are caused by reasons beyond its reasonable contro!' 6 SECTION 6. DOCUMENTS All instruments of service (including plans, specifications, drawings, reports, designs, computations, computer files, estimates, surveys, other data or work items, etc.) prepared under this Agreement shall be submitted for approval of the OWNER. All completed instruments of service shall be professionally sealed as may be required by law or by OWNER. Such instruments of service, together with necessary supporting documents, shall be delivered to OWNER, and OWNER shall have unlimited rights, for the benefit of OWNER, in all instruments of service, including the right to use same on any other work of OWNER without additional cost to OWNER. If, in the event, OWNER uses such instruments of service on any work of OWNER other than that intended in the Scope of Services, defined in Section 2, under those circumstances OWNER hereby agrees to protect, defend, indemnify and hold hannless the ENGINEER, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses, including, in part, attorney fees incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person or damage to property including, in part, the loss of use resulting therefrom, arising from any inaccuracy, such use of such instruments of service with respect to such other work except where ENGINEER is hired to modify such instrument for such other work. ENGINEER agrees to and does hereby grant to OWNER a royalty-free license to such instruments of service which ENGINEER may cover by copyright and to designs as to which ENGINEER may cover by copyright and to designs as to which ENGINEER may assert any rights or establish any claim under the design patent or copyright laws. ENGINEER, after completion of the services, agrees to furnish the originals of such instruments of service to the OWNER. ENGINEER may, however, retain copies of any and all documents produced. The license granted herein by ENGINEER shall survive termination of this Agreement for any reason. SECTION 7. TERMINATION OWNER may suspend or terminate this Agreement for cause or without cause at any time by giving five (5) days written notice to the ENGINEER. In the event termination is for cause however, such shall be in accordance with section 14 hereof. In the event suspension or termination is without cause, payment to ENGINEER, in accordance with the terms of this Agreement, will be made on the basis of services reasonably determined by OWNER to be satisfactorily performed to date of suspension or termination. Such payment will be due upon delivery of all instruments of service to OWNER. Should the OWNER require a material modification of this Agreement, and in the event OWNER and ENGINEER fail to agree upon such modification to this Agreement, OWNER shall have the option of terminating this Agreement and the ENGINEER's services hereunder at no additional cost other than the payment to ENGINEER, in 7 accordance with the terms of this Agreement, for the services reasonably determined by OWNER to be properly performed by the ENGINEER prior to such termination date. ENGINEER may terminate this Agreement upon written notice to OWNER in the event of substantial failure by the OWNER to perform in accordance with the terms of this Agreement. OWNER shall have 14 calendar days from the receipt of the termination notice to cure or to submit a plan for cure acceptable to the ENGINEER. In the event the parties cannot agree upon an acceptable cure within a reasonable period of time from the date of notice, ENGINEER may terminate this Agreement. SECTION 8. INSURANCE ENGINEER shall provide and maintain Worker's Compensation and Employer's Liability Insurance for the protection of ENGINEER's employees, as required by law. ENGINEER shall also provide and maintain in full force and effect during the term of this Agreement, insurance (including insurance covering the operation of automobiles, trucks and other vehicles) protecting ENGINEER and OWNER against liability from damages because of injuries, including death, suffered by any person or persons other than employees of ENGINEER, and liability for damages to property, arising from or growing out of ENGINEER's operations in connection with the performance of this Agreement. . Such insurance covering personal and bodily injuries or death shall be in the sum of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for one (1) person, and not less than Three Hundred Thousand Dollars ($300,000.00) for anyone (1) occurrence. Insurance covering damages to property shall be in the sum of not less Three Hundred Thousand Dollars ($300,000.00) aggregate. ENGINEER shall also provide and maintain Professional Liability Insurance coverage to protect ENGINEER from liability arising out of the performance of professional services under this Agreement. Such coverage shall be in the sum of not less than $1,000,000.00. A signed Certificate of Insurance, showing compliance with the requirements of this Section, shall be furnished to OWNER before any services are performed under this Agreement. Such Certificate of Insurance shall provide for ten (10) days written notice to OWNER prior to the cancellation or modification of any insurance referred to therein. Such Certificates shall terminate after completion of the project. OWNER shall be named as an "additional insured" party on all insurance policies, except for Worker's Compensation and Professional Liability policies. SECTION 9. INDEMNIFICATION FOR INJURY AND PERFORMANCE ENGINEER further specifically obligates itself to OWNER in the following respects, to wit: The ENGINEER hereby agrees to protect, indemnify and hold harmless the OWNER, their officers, agents, servants and employees (hereinafter individually and collectively 8 referred to as "Indemnities"), from and against losses, liability or damage of any character, including defense costs, expenses and attorney fees incidental to the defense of such losses, damages or liability on account of injury, disease, sickness, including death, to any person or damage to property including the loss of use resulting therefrom, from any negligent act, error, or omission of the ENGINEER, its officers, employees, or subcontractors, or anyone else for whom ENGINEER is legally liable which are resulting from or caused by the performance of any services called for by this Agreement. In the event the parties are found to be jointly or derivatively negligent or liable for such damage or injury, the indemnification shall be assessed on a proportionate basis in accordance with the final judgment, after all appeals are exhausted, determining such joint or derivative negligence or liability. The ENGINEER is not responsible for the actions of the OWNER's contractor or any other party contracting with OWNER to perform the construction of the improvements covered under this Agreement. Acceptance and approval of the final plans by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of ENGINEER, its employees, associates, agents and ENGINEERs for the accuracy or competency of their designs, working drawings and specifications, or other documents and services provided by ENGINEER hereunder; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the designs, working drawings and specifications, or other documents and services provided by ENGINEER hereunder; or other documents prepared by EJ.'TGINEER, its employees, and subconsultants. SECTION 10. UIDEMNIFICATIONFOR UNEMPLOYMENT COMPENSATION ENGINEER agrees that it is an independent contractor and not an agent of the OWNER, and that ENGINEER is subject, as an employer, to all applicable Unemployment Compensation Statutes, so as to relieve OWNER of any responsibility or or liability from treating ENGINEER's employees as employees of OWNER for the purpose of keeping records, making reports or payments of Unemployment Compensation taxes or contributions. ENGINEER further agrees to indemnify and hold OWNER harmless and reimburse it for any expenses or liability incurred under said Statutes in connection with employees of ENGINEER. SECTION 11. INDEMNIFICATION FOR NON-PAYMENT To the extent OWNER has paid ENGINEER in full hereunder for same, ENGINEER shall defend and indemnify OWNER against and hold OWNER and the premises harmless from any and all claims, suits or liens based upon or alleged to be based upon the non-payment of labor, tools, materials, equipment, supplies, transportation and management costs incurred by ENGINEER in performing this Agreement. SECTION 12. ASSIGNMENT Neither party shall assign or sublet this Agreement or any part thereof, without the prior written consent of the other party. 9 SECTION 13. APPLICABLE LAWS ENGTh13ER shall comply with all federal, state, county and municipal laws, ordinances, regulations, safety orders, resolutions and building codes applicable to services to be performed under this Agreement. SECTION 14. DEFAULT OF ENGINEER In the event ENGINEER fails to comply or is unable to comply with the provisions of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within fourteen (14) days after written notice by OWNER to ENGINEER, OWNER may, at its sole discretion without prejudice to any other right or remedy: • Terminate this Agreement and be relieved of the payment of any further consideration to ENGINEER except for all services determined by OWNER to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for percentage of completion by ENGINEER through such date of termination. In the event of, of such termination, OWNER may proceed to complete the services services in any manner deemed proper by OWNER, either by the use of its own forces or by resubletting to others. In either event, the ENGINEER shall be liable for all reasonable, unmitigatable costs in excess of the total contract price under .this Agreement incurred to complete the services herein provided for and the costs so incurred may be due or that may thereafter become due to ENGINEER under and by virtue of this Agreement. • OWNER may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies andlor help necessary to remedy the situation. The reasonable expense for same may be' offset against amounts due the ENGINEER. In such case, ENGINEER shall not be liable with respect to indemnity or otherwise for any such services performed, arranged; or furnished by OWNER. ENGINEER shall not be considered in default of this Agreement for delays in performance caused by acts of the OWNER or other circumstances beyond the reasonable control of the ENGINEER. SECTION 15. ADJUSTMENTS IN SERVICES No claims for extra services, additional services or change in the services will be made by ENGINEER without a written agreement with OWNER prior to the performance of such services. SECTION 16. EXECUTION BECOMES EFFECTIVE This Agreement will be effective upon execution by and between ENGINEER and OWNER. 10 SECTION 16-A. VENUE LOCATION In the event of any dispute or action under this Contract, venue for any and all disputes or actions shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws of the State of Texas shall apply to the interpretation, validity and enforcement of this Contract; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the interpretation, validity and enforcement of this Agreement. TillS AREA INI'ENTIONALLY LEFT BLANK SECTION 17. AGREEMENT AMENDMENTS This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements, or stipulation bearing upon the meaning or effect of this Agreement, which have not been incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the parties except as may be otherwise provided therein. Services not specifically included in this scope of work are considered to be Additional Services and will only be performed through a supplemental agreement to the Contract. These services include, but are not limited to: 11 1. Preparation or review of environmental assessments, impact statements, and permits; assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact 2. Services resulting from significant changes in the general scope, extent, or character of the project or scope of work, and revising previously accepted studies, reports, design documents, or contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond Engineer's control. 3. Preparing documents for alternate bids requested by Owner for Contractor(s)' work or documents for out -of-sequence work. 4. Furnishing services resulting from the award of more than one prime contract for construction, materials, or equipment. S. Assistance in connection with bid protests, re-bidding or re-negotiating contracts for construction, materials, equipment, or services. 6. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property; field surveys for construction purposes; engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other special field surveys. Preparation of temporary and/or permanent easements, right of way acquisition documents, and construction staking .. 7. Preparing to serve or serving as an Engineer or witness for Owner in any litigation, arbitration, or other legal or administrative proceeding. 8. Revisions, additions, and changes to design(s) due to citizen advisory or oversight groups following acceptance by the Owner of the 100% level plan and contract documents. 9. Services in connection with work directive changes and change orders to reflect changes requested by Owner. 10. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by Contractor; and services after the award award of contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. 11. Evaluating an unreasonable or extensive number of claims submitted by Contractor or others. 12. Preparation of Federal Emergency Management Agency submittals, U.S. Army Corps of Engineers Section 404 Permit submittals, and Environmental Protection Agency storm water permit documents. 12 13. Drainage, water, and wastewater designs, analysis, or studies. 14. Any services not specifically stated in this proposal. SECTION 18. WRITTEN NOTICES All notices, demands and communications hereunder shall be in writing and may be served or delivered personally upon the party for whom intended, or mailed to the party to whom intended at the address set forth on the signature page of this Agreement. The address of a party may be changed by notice given pursuant to this Section. SECTION 19. GENDER AND NUMBER The use of any gender in this Agreement shall be applicable to all genders, and the use of singular numbers shall include the plural conversely. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this the day of August, 2004. 13 ENGINEER: OWNER: HNTB CORPORATION TOWN OF ADDISON, TEXAS By ssociate Vice President Ron Whitehead, City Manager 5300 Beltline Road 5910 Plano Parkway, Suite 200 P.O. Box 9010 Plano, Texas 75093 s 75001-9010 14 EXHIBIT A • FEE PROPOSAL BELTLINE ROAD REHABILITATION HNTB CORPORATION 'tASK PRELtMINAltYBNGINBRItING PHASE Twa intuaal m~gl Ottc kick-.aff meeting with Owntr's Staff Field iuvutigation At Pavemcnl AsSUliuuml Bale Map R~circh IIDd D~1cpmeDt --Pretiminlilty Engin«rioJjl Sumnuty & opinion ofprobabk t:GlUIlnlction COlt Chle ptclhnin:uy dui~mcenog wi~h OWDU" ttaff ---DESIGN PHASE ---T..w 14tetnal.ntering5 Contract Dotruments Cover (1) (jeneral NQles (2) 1'll.ljec( LaYOUt (l) Typit:lil Sc.cdons (1) Rebllbilitlltien Plan (12) (4!15cale) -THffic Conuol Pb:lsing and Deuib (6) -Striping & Signing (6) Sp¢dal DCl.lI.iJs • Misc. (2) ----Sfandud Details· Roadway, Utility, (:lot:. (3) Quanlitielli & update eStimate PIo/ea J)ocUm¢R1.$ & pup::aration ofspcci6catioo$ Public il1(oruultil.lll meeting" QUAlity Assuancel Qwwty Control ~.. -Bidding, platting, pzecon rotg. -Sublot21 HnUl3 R:afe$ 1-------TOfal Ditect Labor ----Project Manager Senior Engineer Eagincull ---I--------, , 2 --------~~--2 2 -----6 , , ------4 4 ----• 12 12 , -, , ----I--------., , 2 -------2 2 6 1. -------, ---2 • 4 ----• 20 ,. -------12 '2 2. 2 , 12 ---1---2 , •------, • • , • • • .. , " I' ---I, , I' 16 130 '" ,,. ----$57.00 ..8.00 $40.00 $7,410.00 $9,408.00 $5,120.00 Rqginn;rl CADt} Tcchnicit:1l SeCfUlity! 'fonlClo:Iricd -----r-------2 " J---2 , , 2 l2 ---~------, 3' 2 "---12 • .. 1 •r-. I 13 -, 2il ------, •---r-----, 2 24 , 12 24 " '" -10 .. '48 --l2 " 11' , " " --12 I' '2 20 ,. -~----------, 4 28 24 SO 2 34 -----~-------._" ----" .. % 250 " ---_. -I---~-'-"_00 $28.00 $19.00 $1,456.00 $7,000.00 $1,.121.00 • :U,515.00 • EXHIBIT A -FEE PROPOSAL BELTLINE ROAD REHABILITATION HNTB CORPORATION -TASK ludir«:t L1bot and Ov,,~hr;;ld r---Sl1bwu.l ----P!ofit EXPENSES -Di.rect Expenui (lkplodur;rto,u, delivery, and pOltllge) Subtotal Expensu: ----TOI:oI Labor and EICpe05CS • Design F'balle CONSTRUC'!'10N SRftVICES 'pHASE COUSU';Ch()$\ E.,gioeerlng QIld In'peo:oDo, PlOied Cla,e Out SubtOli1 Houu ----R1Itc. r--Tota.! Direct Labor lmilr«:t ubor lind Ovnhrad S",blotd Pronl EXPENSES Mi.ce1!aotoU$ ~pelllct~ Direct E"PenlJlu (Reproductions, delivery. md postage) -Vehicle MiJeage;2400 milec@$O.40permile;CSPh",e Sublotlli UWPCUKS Total L..bot and ExpctUlcs -Construction Sttvi~s Phuc ---TOIa! Projecc Labor ;lad li:xpentCC Project MallAgcf Senior E.lgillee,r EngineuH , H,93Q,t{) , 15,1091.7.0 • --------------------------El lginurl CADD Technid~n SCCl'tllUY/T=IOelielll • S,564.1v • 11,210,00 • 1,!1,!104.1U , 53,959.15 • 87,474.15 -• 1l,12.J.12 • 1,750.00 , 1.750.0;·I;-'Il](l.\ IA ..\:\,,'.II'OI.lS. lID. ·\TL.\,\TI, (;..... AI·.~n:-;. r:-;. B.\TU:-' IIOl'C,l:, 1,\. Iltl'iTO,\, IIA, UI·\RLESTO.'\. ~C. UI,\l(lESTO'\", Il:Y, r:HIC.I,,;O. II.. LLE\EL""D. 011. C011"\II\I"S. (II!. 1)ALLA~. I:';. DE,,"'\ElI co. DETROIT, \11. FL;;:I:>;~ In", F....IKFII:LIl. '\.1. IT \I.'uaTiI. T:\ 1I.IIITFUlm, CT. H()I·~T():-;. 1;';' I'\JJ!A:>'AI'OLlS, 1:-<, \l\1"J'\F. c ..... " .... :\~ ... ~ UTY. 110. h.:>'< )XI 11.1.1-:. T'\" r \,\-'1,\(; III LO.' .... :->l,j,Lb. C.I. LUL'I~\·II,I.F. ;;:Y. ~1.\DT'in". WI. 111·\.\11. n ...\IIL\\.\l"tdol.. \\ I. .\\1-"::>-:10,\1'01 l'i. \1;>';. ;>';\~II\·JJ.I.I,. r:-.. ~lll. \01(1,. "..;Y. n.\1-::1 ·\:\n CA. 'JilL\'I)'). H U\EIIL\"n 1'\111-::. "'. 1'1.Y\]OITJI .\IElTI"";(,. 1'.\. I'UHTL\~[)..\11;. l'OIIT!. \'·Il. elR II \!.F!I;I!. "..;(: S·I l.()l'I~..\\0..,.\1."1" I..\KE CITY. I'T. ~.\"..; ·\:\T()"";IO. T:>.. ~ \:>'. lJUI,.\t(DI'O. ,\• .. \"..; FIl \ ,U,(.(). (..\ ...-\:>. .!D.'!. c.\. "F \11"1 F. W\ 1"-\.\11'.\. rI.. TOJ.EDO. 01 l. \\·'-\~I rr'G"I"O:-'. I) C Steve Chutchian From: Mike Murphy Sent: Thursday, August OS, 20041:01 AM To: Robin Jones Cc: Jim Pierce; Steve Chutchian; Char1es Mitchell Subject: RE: Video Detection I agree lets plan on the video system for ALL intersections ... good job. --Original Message-From: Robin Jones Sent: Wednesday, August 04, 2004 3:09 PM To: Mike Murphy Cc: Jim Pierce; Steve Chutchian; Charles Mitchell Subject: Video Detection Mike, If we mill the gutter lane of Belt Line Road prior to resurfacing the roadway we will destroy all the signal loops at all nine Belt Line signals. My count is 139 loops. Our 2004 loop replacement cost is $750 each or $104,250 for the 139. All Addison Signal projects in the last 5 years have included video detection. Our first video detection systems cost just under $25,000 an intersection. The ones we're using now (same manufacturer) are $16.400 per intersection. This is just the equipment cost, not installation. If the existing conduits are ok, installation will take one day each intersection or about $2,000 additional each intersection. If the conduits are crushed, or not able to take additional wires, the installation costs will Increase. I think a safe number for budgeting would be $3,000 per Intersection for installation. So, redoing ours loops will cost around $104,000 for the nine intersections and video detection will cost would cost around $183,000. Even with the additional cost of video detection I think we'd be crazy to reinstall loops after resurfacing Belt Line ROad. Robin 1 59/0 W.Plww Pm"kwtlyI: It:! iii i =j ARCHrfECTS ENGINEERS PLANNERS Sllite 200 April 23, 2004 PIal/fI, Texas 7'5093 (972) 661-5626 I'AX (972) 66J.'i614 WU'U:blllll,Cr!llI Mr. Mike Murphy, P.E. Director ofPublic Works Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 Dear Mike, As you may know, I recently had breakfast with Mayor Wheeler to thank him for letting HNTB work for the Town ofAddison and to compliment his public works and engineering staff. During our breakfast, I asked him what he saw as the Town's biggest challenge over the . next year. He said he thought the rehabilitation ofthe Beltline Road pavement would have to rank up there at the top. Due to the obvious importance ofBeltline as a major artery to the Town, the Mayor expressed interest in looking for an innovative way to rehabilitate the road while minimizing the impact to the surrounding restaurants and businesses. He mentioned HOK was working on a streetscape project and they had told him that Beltline could be one of the greatest roads in the world iflandscaped and decorated correctly. The Mayor went on to say that while he was skeptical, he would like to see it become a great roadway. He also realized the critical need to have the pavement rehabilitated first. Since my meeting with Mayor Wheeler, I have been thinking ofhow HNTB could help the Town get this challenging project accomplished. I have developed a plan in my mind that I would like to convey to you in this letter. It involves more than engineering and it plans for great success. My plan involves five components: First: Visit the site with our Director ofConstruction Services, Michael Ebeling. Michael has recently moved to Texas to build our Construction Services practice. He has over 30 years of construction experience involving a variety ofpavement techniques. Michael would be able to provide us with viable alternatives, the pros and cons ofeach, and the range ofcosts associated with each. This first task has already been accomplished. Michael, Jenny and I visited the site on April 9. Tbe HNTB Companies OFFI(:~ .-uEX...... I)RI;>... \..... : A:":;":"l'OL1S. ~l[): ,nu)<.-r..... c ....: .'L'~'lN. n:. L1ATON ROl'm,:. L4.: BOSTON. )..1....: CHARLF_~TON. se: CH"RlF_~TO~. W\': CHleM,O, [L: CLI:\'HA",]), au: COLl ~!lIl·S. all: D.... I.L\S. n. 111'::-':\1':R. co. m·:T!IoIT. !<][: "ELK1:>;S. v,,': F.-\[R~lt:lI). N.I: t,. \tuRn" TX: H,... IlTFORD. cr: HOn,TO:'II. TX: 17'lDl....K...l'0I.1S. IN: [1l\'IC'lK CO\: ""N~_"'S an', ~ro. ",,"o:\,'rLl,r, T:\". L""SI'l;(;, MI: Lo.~ A:-;GElF_~. C.~: LOI'ISVU.LE. KY, M.\D1S0"". VOl. W.Ull. fl. ~lIL\\-,'.t:I,t::E. \"('1: ~ll:-!"'E.4.I'OLlS. ~I:-;: N"SH\·ILLE. TN: ,,~:v.-YORK. ""Y. O.4.KL4.t'I:[). C4.: ClMlx"nn. fl.. on:lu........ n I'.\RK. KS, I'LDIOI"TH ~1F.En!"G. 1''': I'ORTL-\;\"n. ~IF., I'Olln.4.:>:n. OR, R-\I.F.[{;H. !"C. ~,.. LOl'iS. ~IO, S.4.LT L4.1{1O em'. IT: SA:>: .4.l\'TO~IO. n;:, SA:>: UF.II:-<"4.RDlNll. {:,\, '.4.:'10: 1:lt4.;\"CISO). eA, SA:>: .lOSE. C.\: SE.4.lTL~:. \X,\. n~II'.4.. FL: TOLElIO. UIi: W.4.S11I;\"GTO;':. ]H~ Mr. Mike Murphy April 23, 2004 Page20f3 Second: Select the preferred rehabilitation alternative and design the project with the intent ofkeeping adverse impacts to the restaurants and businesses along Belt1ine Road and the surrounding area to a minimum. Beltline is a vital part of the Town of Addison and it is critical to the Mayor, Council, and yourself to keep the business owners and traveling public as satisfied as possible. To accomplish this, a key element of the design process would be to involve local contractors. We propose to host a design charette in our office that would include your staff and a few select local contractors the Town has a high degree of confidence in. Through this process, we would develop the optimum construction strategy that would minimize impacts to the local businesses. Third: Keep the businesses and citizens informed. Inform them ofwbat is going to happen and when itwill happen. Our HNTB Plano office has a Public Involvement Group, whose sole focuses is building consensus for projects. Audrey Murphy, Director ofPublic Involvement, specializes in communication techniques and materials that will keep the public informed on the project development, while addressing community concerns. Some ofthe materials used for this process include newsletters, information packets, media kits, fact sheets, talking points and exhibit boards. Additionally, Audrey has helped many ofour clients prepare for public meetings/hearings, and community forums. These meetings help the public to better understand what the construction project will accomplish, how it will be accomplished, and the schedule it will be accomplished on. Building consensus before construction begins will be critical to the public's perception of the success ofthis project. Fourth: In conjunction with the Public Involvement approach, develop a Project Website and supporting tools that will enable citizens and business owners to keep up to date with the construction schedule. Our Technology Group will develop a project website that could have the following functions: Project description and background why are we doing this project and how will I be impacted? Up-to-date construction schedule -when is the nextphase ofthe project scheduled to begin and be completed? Project calendar that highlights key project milestones and events -when is the next public meeting? Users can sign up to receive project alerts and information via email-will the construction schedule impact my commute today? Users could explore simulation models ofthe project -what is the project going to look like when it's completed? Dynamic map ofthe roadway -users could explore project phases, click on highlighted areas to access more detailed information, and zoom andpan across the project site Mr. Mike Murphy Apri123, 2004 Page 3 of3 Five: Celebrate with the businesses along the Beltline Corridor. Host a party to thank the businesses for their patience during construction. Plan on such success that the party is an opportunity for them to thank the Town officials and staffon the great job you did. This is a bold plan, but one I believe we can make happen with our staffs working together. We ergoy working with your staff and look forward to discussing this with you in the near future. Sincerely, HNTB CORPORATION ~.~. Je D. Holder, Jr., P.E. Director ofMunicipal Services THE DRAFT TECHNICAL MEMORANDUMTRANSIEC GROUP USE OF BONDED CONCRETE OVERLAYS IN TEXAS Bonded concrete overlays (BCDs) are a form of rehabilitation that can be nsed to extend the life of existing concrete pavements. They have been a viable technical and economical solution for pavement rehabilitation across the United States' in large metropolitan areas such as Houston on lH-610 and on Beltway 8, Fort Worth on lH-30, and El Paso on lH·lO. Rehabilitation of urban roadways always canses traffic disturbances and implies user-associated costs and increased pollution problems due to the high traffic volumes involved. To minjmize these problems, a strategy for rehabilitation design mnst be devised. BCDs can be a cost effective way of extending a pavement's life by improving its ride quality and load carrying capacity. BCDs can be constructed using expedited (fast·track) construction techniques, and they also mjnimize overhead clearance problems. An example of BCQ construction is lH-30 in Fort Worth, between Loop 820 (West Loop) and Las Vegas Trail. This project js similar to the proposed BCQ construction on BeltIine Road in Addison, from Dallas Parkway (Dallas North Tollway) to Marsh Lane. At the time of construction in 1998, the average daily traffic (ADT) on lH-30 was approximately 58,800. lH-30 was structorally sound and no major repairs were necessary, making this an ideal candidate for BCQ construction. The selection of a 9-cm (3.5 in) reinforced BCQ design having a 50-year performance period was believed to be the optimal solution. The BCO construction was expedited over five weekends to allow early opening of traffie (about 24 hours) after the last placement, thereby reducing user costs associated with road closures and delays. The existing 5-cm (2 in) hot·mix asphalt wearing course was milled offprior to placement ofthe BCQ. The bond between the BCQ and the existing concrete pavement is a key element that controls the overlay's long·term perfurmance. The bond enables the existing concrete and the BCQ to behave as a monolithic structure. Ifdebonding occurs, the performance will not be as intended, and the design life will not be reached. Conditions that can he detrimental to the development of the bond shocld be avoided, and include extreme climatic conditions, such as daily temperature variations greater than 14'C (57'F) and high evaporation rates. Likewise, proper construction techniques' should be practiced to ensure the surface ofthe existing concrete has been properly prepared. so that a strong bond will develop between the overlay and the existing pavement. Provided the above conditions are properly controlled and monitored, in addition to using qnaIity construction materials, the BCO should perform well The BCOs constructed in 1983 in Houston employed these techniques, and have been performing well for the past 20 years and are still in use today. [McGhee, K. H. Portland Cement Concrete Resuifactng. NCHRP Synthesis ofHigbway Practice 204. 1994. 'Guidelines for Bonded Concrete OV2l'lDys. ACPA Teehnical Bulletin. TB·OO7P. 1990, Page 1 of4 TI:!E DRAFT TECHNICAL MEMORANDUMTRANSTEC GROUP EIIdmated Cost for BCO Construction on Beltilne Rd in Addison, TX A section ofBeltline Road in the town ofAddison (Figure 1), one ofthe main thoroughfares through the town, bas been experiencing skid resistance problems. This 8-inch thick section of jointed reinforced concrete pavement was constructed in 1980 and is a six-lane arterial. Polishing ofthe pavement surface was evident as early as the mid to late 1980's. In 1995, the pavement was ground from Dallas Parkway to Midway. In 1996, the pavement was ground between Midway and Marsh Lane. Grinding typically removes 14 to I> inch of the pavement thickness. By 2000, the surface of the pavement had again polished. In 2003, the pavement was diamond grooved to improve its texture. The grooving texture is typically 0.125 to 0.25 inches deep, so the current pavement thickness can conservatively be estimated to ftIll. between 7.25 and 7.63 inches. The Beltline's traffic volume (measured in 2004) is over 60,000 vehicles per day, and approximately 130 commercial businesses and restanrants line the roadway. Traffic is heavy all day long with the evening rush hour extending to 8 p.m. on weeknights. The pavement is reported to be in good condition structurally, with a few isolated distresses that will require full-depth repairs. The ride profile is also excellent and free from faulting. Figure 1. Section ofBelt1ine Rd to Overlay. One of the options being considered to improve the pavement's skid resistance is to place a bonded concrete overlay (BCQ). The town of Addison does not want to raise the surface of the pavement significantly because of clearance issues. Since this BCQ is designed to increase the pavement's functional properites, i.e. to inerease the existing pavement's skid resistance, and not necessarily as a structural improvement, the overlay can be thin. Constructability issues require that it be at least 2 to 3 inches. Options such as milling and shotblasting the existing pavement are considered here to reduce reduce the pavement's thickness. The resulting pavement thickness, ifthe pavement is milled or shotblasted and a 2or 3-inch BCO is placed, are shown in the table below. The contractor may only be comfortable milling down I inch to ensure the reinibreing steel at mid-depth is not damaged. The other alternative -a heavy Page2of4 II TIlE DRAA TECHNICAL MEMORANDUMTRANSIEC GROUP When constructing the BCO, several issues need to be considered: • The BCO should not be placed under extreme environmental conditions (temperature ranges and evaporation rates). These specifications need to be followed to ensure good bonding. • Dummy joints should be sawed in the BCO over the existing joints to prevent mid-panel cracking. Ifthe joinm in the existing pavement are filled and sealed, the ones in the BCO should be filled and sealed as well. • The concrete mix design should use a maximum size of aggregate between \4 to Y. inch because ofthe BCO's thickness. • The aggregate in the concrete mix should pass the acid insolubility test to ensure that these aggregate will not polish. • The concrete aggregate in the BCO should have a coefficient of thermal expansion that is lower than the aggregate used in the existing concrete. The Transtec Group, 1012 East 38% Street, Austin, Texas 78751, (512) 451·6233 voice, (512)451·6234 fax Page4of4 DRAFT TECHNICAL MEMORANDUM• T:RANs-rnc GROUP shotblasting -can be used to prepare the surface of the existing pavement for the BCO (one pass) or to remove 'h inch ofthe existing concrete as well. Resultin~ Pavement Thickness (in) 2-inch BCO 3-inchBCO Ran~e Avfl, Ran~e Avg Existing Pavement Minimum 7.3 Thickness (in) Maximum 7.6 Shotblasting (in) Minimum 1 pass 9.3-9.6 9.5 10.3-10.6 10.5 Maximum 0.5 8.8-9.1 9.0 9.8-10.1 10.0 Mill depth (in) Minimum 1 8.3-8.6 8.5 9.3-9.6 9.5 Maximum 1.5 7.8-8.1 8.0 8.8-9.1 9.0 Since constructability issues typically require a 3-inch BCO, cost estimates for the following 3 options are provided: • Estimate 1: Shotblast -1 pass • Estimate 2: Shotblast -II2-inch removal • Estimate 3: Mill-1 inch All three of these cases will require that the curb and gutter be replaced. Drainage of the pavement structure also needs to be considered to ensure that the BCO will not debond from the existing pavement. Proper surface and subsurface drainage systems need to be in place. ~ r ~__ ------------" -----------------------!Beltllne RD -Addison. Tx ,, ,,i, ~~'!!!.~'!._A__,._________ Length 88,270 SY 10,185 ft --_._---"---------------_________________ I--_~W.;.;.Idt;;.;;h+_---=7_=18Fft--___I I Area 794,430 SF i! --------~-----i-------I Mill 1 ~ (#1J 1/2 In (flPZI UD to 1.:) In (93J JLS~+ JL~+ ShaIbJlJtII ShotbilUll J L ~ + BCO ConIIrudIon J Materials Ca. Total ttl Ql. TotlII'R DulllTmwl Total #3 SsII1lC1e. Haul & Stockpile Recycled Concl8te ($ISY) ',;.:,~:'.dX:~~.c·:,';:,';~-:;i?-;~:::';,;,._i~~,·,':j,:,j:;,'::,;.in Te~. and in the standard form apprO-ved-by the Texas Department of Insurance, and shall be endorsed to provide fur at least 30 days advance written notice to the City of a material change in or cancellation of a policy. Certificates of insurance, satis.filctory to the City, evidencing all coverage above, shall be furnished to the City prior to May 10, 2002 with complete copies ofpolicies furnished to the City upon request. H. lp. the event of any action under this Agreement, venue for all causes of action shall be instituted and maintained in Dallas County, Texas. The parties agree that the laws ofthe State of Texas shall govern and apply to the interpretation, validity and enforcement of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law' provisions shall not affect the application ofthe law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enfurcement ofthis Agreement. Advisory Services Agreement -Page 3 of 4 Executed as of the date(s) set furth below and effective as of the later of the dates on which this Agreement is executed by a party. Sponsor Town ofAddison, Texas BY~K_l .5t~j,Q Ron Whitehe~, City Mallager Date ofexecution: 05-03-O~ Institute UU, the Urban Land Institute B;2,;;j..t4. ~ ~ Rach~l1e Levitt, \\lice-President Policy and Practice Date ofexecution: .si1 I().;J. Mary Beth Corr~ an, Managing Director Advisory Services Date of execution: 5110 lDZ• Advisory Services Agreement Page 4 of4