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HomeMy WebLinkAboutResolution No. 2016-067CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016- 0 (.p'? A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT TO QUALITY EXCAVATION, LTD. FOR THE WIDENING OF MEMORIAL DRIVE FROM WORLEY DRIVE TO SOUTH COLONY BOULEVARD; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves awarding a bid for the purpose of a construction contract for the widening Memorial Drive from Worley Drive to South Colony Boulevard. Section 2. That the city manager is authorized to execute a contract in the amount of $1,287,660.05 with Quality Excavation, LTD. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 4th day of October, 2016. A TF l A_: V -, 04— Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: G J e MCC ,Mayor City of The Colony, Texa SEAL -C STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 4b day of of tjObe,r in the year 2016 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and Quality Excavation, LTD. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The scope of work consists of the reconstruction and widening of Memorial Drive from Worley to South Colony, and any other work deemed necessary by the City of The Colony. Water, drainage, street lights, landscape and irrigation improvements are provided along the length of the project. The work includes, but is not limited to, mobilization, preparation of right-of-way, traffic control, approximately 6,270 SY 8 -inch thick reinforced concrete pavement on lime treated subgrade, approximately 60 LF of 18 -inch reinforced concrete pipe, 110 LF of multiple (3) 7 -foot x 6 -foot reinforced concrete box culverts, and 1,330 LF of 8 -inch to 16 -inch water line. The opinion of probable construction cost for the overall project is $1,428,000. All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the City of the Colony's Addenda and as per instructions of the City of The Colony City Engineer. All construction sequencing and barricading will be done according to the City of The Colony Standards. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: MEMORIAL DRIVE WIDENING FROM WORLEY DR. TO S. COLONY BLVD. City of The Colony BID #69-16-14—Memorial Dr. Widening Article 2. ENGINEER The Project has been designed by the City of The Colony Engineering Department. The Bidding and Contract Documents have been established by the City of The Colony Engineering Department. Contract Documents 1-34 Contract administration will be provided by the City of The Colony Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 150 calendar days, including 30 inclement weather days, from the date when the Contract Time commences to run as provided in Item 103.6 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5.4 of the General Provisions. BIDDER agrees that all work awarded will be completed within 150 Calendar days, which includes 30 inclement weather days, for this project. The Contractor will submit written documentation to the Construction Inspector assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the 30 inclement weather days included in the bid have been approved. Contract time will commence to run as provided in the Contract Documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in the Proposal and Bid Schedule. The contract sum shall be the amount of $1,287,660.05. The total tangible personal property cost included in the contract sum is $ 1,287,660.05. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5.1 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. Contract Documents 1-35 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC -105.1.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Documents 1-36 Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1-34 through 140, inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance (page 143). 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, fourth edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1-51 through 1-63). 8.7. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Forms, and Specifications for: MEMORIAL DRIVE WIDENING FROM WORLEY DR. TO S. COLONY BLVD. City of The Colony BUD #69-16-14—Memorial Dr. Widening 8.8. Addendum to the NCTCOG Standard Specifications for Public Works Construction included in Appendix B. Contract Documents 1-37 8.9. Construction plans, one set consisting of Eighty -Four consecutively numbered sheets. 8.10 The following listed and numbered addenda: 8.11. CONTRA.CTOR's Proposal, Bid Schedule, and Summary of Section I - Bidding and Contract Documents (page 1-16 through 1-26). 8.12. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 10 1. 1 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions Contract Documents 1-38 of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. Contract Documents 1-39 This Agreement will be effective on ckDV,)-ey- `C+ , 2016. OWNER: City of The Colony CONTRACTOR: Quality Excavation, LTD. 6800 Main Street 5580 U.S. Hwy. 377 The Colony, TX 75056 Aubrey, TX 76227 Address for giving notices: City of the Colony 6800 Main Street The Colony, Texas 75056 Attn: Ron Hartline, P.E. Senior Engineer (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) �i Vey�i�a CG c TITLE: i ' u ATTEST: Address for giving notices: Attn: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Contract Documents 1-40 SECTION 2 PREVAILING WAGE RATE FOR MUNICIPAL CONSTRUCTION IN DENTON COUNTY, TEXAS (Revised February 2007) The wage rates below, in accordance with statutory requirements and prevailing local wages, have been determined by Denton County, Texas. The CONTRACTOR shall comply with all State and Federal Laws applicable to such work. The proceeding are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those listed. The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. Rates Air Tool Operators $ 10.06 Asphalt Raker 11.01 Asphalt Shoveler 8.80 Batching Plant Weigher 14.15 Carpenter 12.80 Concrete Finisher -Paving 12.85 Concrete Finisher -Structure 13.27 Concrete Rubber 10.61 Electrician 18.12 Flagger 8.43 Form Builder -Structures 11.63 Form Setter -Paving & Curb 11.83 Form Setter -Structures 11.63 Laborer -Common 9.18 Laborer -Utility 10.65 Mechanic 16.97 Oiler 14.98 Servicer 12.32 Painter -Structures 13.17 Pipe Layer 11.04 Asphalt Distributor Operator 13.99 Asphalt Paving Machine 12.78 Broom or Sweeper Operator 9.88 Bulldozer 13.22 Concrete Finishing Machine 13.63 Concrete Paving Joint Sealer 12.50 Concrete Paving Saw 13.56 Concrete Paving Spreader 14.50 Slip form Machine Operator 12.33 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel 14.12 Contract Documents 1-41 PREVAILING WAGE RATE FOR MUNICIPAL CONSTRUCTION IN DENTON COUNTY, TEXAS (Revised February 2007) (continued) Rates Foundation Drill Operator Crawler Mounted $13.67 Foundation Drill Operator Truck Mounted 16.30 Front End Loader 12.62 Milling Machine Operator 11.83 Mixer 11.58 Motor Grader Operator Fine Grade 15.20 Motor Grade Operator 14.50 Pavement Marking Machine 10.04 Roller, Steel Wheel Plant -Mix Pavements 11.28 Roller, Steel Wheel Other Flatwheel or Tamping 10.92 Roller, Pneumatic, Self -Propelled 11.07 Scraper 11.42 Tractor -Crawler Type 12.60 Tractor -Pneumatic 12.91 Traveling Mixer 12.03 Wagon -Drill, Boring Machine 14.00 Reinforcing Steel Setter Paving 14.86 Reinforcing Steel Setter Structures 16.29 Spreader Box Operator 10.92 Zone Work Barricade 10.09 Truck Driver -Single Axle Light 10.91 Truck Driver -Single Axle Heavy 11.47 Truck Driver -Tandem Axle Semi Trailer 11.75 Truck Driver-Lowboy/Float 14.93 Truck Driver -Transit Mix 12.08 Welder 13.57 Request for additional classifications and wage rates may be submitted to the City ENGINEER after award, and may be approved only if. (1) the work to be performed by the classification requested is not performed by a classification in the wage determination; (2) the classification is utilized in the area by the construction industry; and (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination (for the given area and type of construction). Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR. 5.5 (a) (1) (v)). Contract Documents 1-42