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HomeMy WebLinkAboutResolution No. 2016-079CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016-079 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID AND APPROVING THE TERMS AND CONDITIONS OF A DESIGN-BL;ILD CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND KNIGHT EROSION CONTROL, INC., FOR THE TRIBUTE SHORELINE NATURE TRAIL EROSION PROJECT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has determined that it is in the best interest of the citizens to award a bid to Knight Erosion Control, Inc., and execute a design -build contract for The Tribute Shoreline Trail Erosion Project, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the City of The Colony agrees to pay the base bid amount of $62,149.20 and the Add -Alternate bid amount of $4,497.00, for a total of $80,0000.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Council of the City of The Colony, Texas hereby awards a bid to Knight Erosion Control, Inc., and authorizes execution of a design -build contract for The Tribute Shoreline Nature Trail Erosion Project for a total amount of $80,000.00. Section 2. That the improvements shall be funded through the Community Development Corporation for a total project cost of $80,000.00. Section 3. The City Manager is authorized to execute a Construction Services Contract for said reconstruction, which is attached hereto and incorporated herein as Exhibit "A". Section 4. 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 1 st day of November, 2016. J eMcCo , Mayor City of The Colony, T xas ATTEST: —s. - 6� —4— Tina Stewart, City Secretary APPROVED AS TO Jeff Moore, City Attorney STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 1 day of N 0 Ve M b 6' in the year 2016 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and KNIGHT EROSION CONTROL, INC. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The scope of work consists of erosion repairs to the east bank of Stewart Creek along the Shoreline Trail just south of the pedestrian bridge including, but not limited to, general site preparation, construction staking, erosion control, decomposed granite trail replacement, excavation, backfill, embankment material, and approximately 60 linear feet of precast modular block retaining wall (Redi-Rock, Stone Strong or approved equal) with concrete foundation, grouted rock riprap and pedestrian railing with a typical exposed wall height of 5.5 feet to be designed and sealed by a Registered Professional Engineer, and any other work deemed necessary by the City of The Colony. 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: SHORELINE TRAIL EROSION REPAIRS City of The Colony Article 2. ENGINEER. The scope of the project includes the generation of project plans for the complete design and construction of the Precast Modular Block Retaining Wall. Plans must be signed and sealed by a structural engineer licensed in the state of Texas. The City of The Colony Engineering Department is handling the bidding and construction services for this project. The Bidding and Contract Documents have been established by the City of The Colony Engineering Department. 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 45 calendar days, including 8 inclement weather days, fiom 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 45 Calendar days, which includes 8 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 8 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 fluids 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 $ 66, 646.20 . The total tangible personal property cost included in the contract sum is $ 14, 720.00 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 constriction 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. 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 REPRESE'VTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR assumes responsibility for making a site visit, obtaining and carefully studying 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 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 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. 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). • Shoreline Trail Precast Modular Retaining Wall Typical Layout • Shoreline Trail Precast :Modular Retaining Wall Typical Section • Construction Access and Staging Area Exhibit 8.3. Certificate of Insurance Information. 8.4. Addendum to the NCTCOG Standard Specifications for Public Works Construction included in Appendix B. 8.5. CONTRACTOR's signed and sealed Construction Plans (approved by the City). 8.6. The following listed and numbered addenda: 8.7. CONTRACTOR's Proposal, Bid Schedule, Summary of Shoreline Trail Erosion Repairs. 8.8. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9. 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. 8.10. 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 parry 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. QI;ALIFICATIONS OF BIDDERS Qualification of bidders is required. Requirements for qualification of bidders are described in Technical Specification for Bid Item 6 - Precast Modular Block Retaining Wall including Concrete Foundation, Pedestrian Handrail, Grouted Rock Rip Rap, Geosynthetic Reinforcement, Geotextile Fabric, Excavation, Embankment, and Continuous Gravel Drain. Article 11. BONDS. Within fifteen (15) days after written Notification of Award of the contract, the Successful Bidder shall execute and fizrnish to the OWNER three (3) signed original Payment, Performance, and Maintenance Bonds. Any contractor doing work in The Colony is required to provide the City with a minimum Two (2) year :Maintenance Bond. The maintenance bond shall be in the amount of fifty thousand dollars ($50,000.00) or ten (10%) percent of the amount of the contract, whichever is greater, but not to exceed one hundred (100) percent of the contract amount. Article 12. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on NOve--",b e1 O% , 2016. OWNER: City of The Colony CONTRACTOR: Knight Erosion Control, Inc. 6800 Main Street The Colony, TX 75056 M. TITI.I ATTE. 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.) ccr : • s SEAL •TEX P� N. - TITLE: 1 fiS 10 - ATTE Address for giving notices: Knight Erosion Control, Inc. P.O. Box 202541 Arlington, TX 76006 (If CONTRACTOR is a corporation, attach evidence of authority to sign.)