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HomeMy WebLinkAboutResolution No. 2010-086 t CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010- a)'6 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID AND APPROVING THE TERMS AND CONDITIONS OF A CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND TISEO PAVING, 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 Tiseo Paving, and execute a construction contract for the widening of North Colony Boulevard from Curry Drive to Paige Road, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the City of The Colony agrees to pay the sum not to exceed $5,923,022.05 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 Tiseo Paving, for the widening of North Colony Boulevard from Curry Drive to Paige Road in a base amount of $5,904,522.05, plus an amount of $18,500.00 to add alternate #1, for a total amount not to exceed $5,923,022.05. Section 2. The City Manager is authorized to execute a Construction Services Contract for said construction, which is attached hereto and incorporated herein as Exhibit "A". Section 3. 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 5th day of October, 2010. J,. e McCou , Mayor ATTEST: 'City of The Colony, Tex ~ I Chrrstie"r Wilson, City Secretary ; , , APPROVED AS TO FORM: Jeff Moore, C' Attorney STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 6`h day of October in the year 2010 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER) and Tiseo Paving Company (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 North Colony Boulevard from Curry Drive to Paige Road, and any other work deemed necessary by the City of The Colony. Water, sanitary sewer, drainage, fiber optic, traffic signals, and street light 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 50,000 SY of 6, 7, and 8-inch thick reinforced concrete pavement on lime treated subgrade, approximately 82,400 SF of 4-inch thick reinforced concrete sidewalks and bike trials, approximately 4,050 LF of 18-inch to 60-inch reinforced concrete pipe, 110 LF of multiple (3) 10-foot x 10-foot reinforced concrete box culverts, 240 LF of 8-inch diameter sanitary sewer, 855 LF of 8-inch to 12-inch water line, 2 traffic signals, and 1 bike trail crossing signal. The opinion of probable construction cost for the overall project is $6,460,000. 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: NORTH COLONY BOULEVARD WIDENING FROM CURRY DRIVE TO PAIGE ROAD City of The Colony BID #69-10-06-N. COLONY Contract Documents 1-53 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 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. Time is of the essence on this project. The contract start time and "Notice to Proceed" for the project will be October 6, 2010, which is the date on which The Colony City Council is to award the project to the Contractor. The contract end time for the project will be no later than March 23, 2012. (Note: this is final completion and not substantial completion.) Following the September 21, 2010, bid opening, the successful Contractor will be notified to begin execution of the contract documents. The time for the preparation of the contract documents, insurance and bonding is included in the total project time. The Contractor should obtain insurance bonding and sign the contract documents in an expeditious manner as not to delay the project. The City agrees to execute the contracts within three (3) days following receipt of adequate documents from the Contractor. No extension of the contract time shall be allowed for failure to complete contract documents. Work shall not be allowed to commence until contract documents are executed by both parties and a Pre-construction Conference is held. Work shall also not be allowed to commence until SWPPP, traffic control, and trench safety plans are submitted and approved, as necessary to the City. The preparation and approval of these documents are also included in the total contract time and should be completed expeditiously by the Contractor. The city agrees to review these plans within three days of receipt. If a resubmission is necessary, the city agrees to review the resubmission within three days of receipt as well. The contract time for the segment of North Colony Boulevard between Curry Drive and Joy Drive shall begin no sooner than January_ 17, 2011, and be completed no later than May 6, 2011. If work for this segment is not completed within the contract time, lane closures will only be allowed between the times of 9:30 a.m. and 2:30 p.m. after this date. The contract time for the segment of North Colony Boulevard adjacent to Griffin Middle School shall begin no sooner than June 10, 2011, and be completed no later than August 19, 2011. If work for this segment is not completed within the contract time, lane closures will only be allowed between the times of 9:30 a.m. and 2:30 p.m. after this date. Contract Documents 1-54 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 $ 5,923,022.05. The total tangible personal property cost included in the contract sum is $ 2,665,360.00. 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 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. 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: Contract Documents 1-55 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 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: Contract Documents 1-56 8.1. This Agreement (pages 1-53 through 1-59, inclusive). 8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive). 8.3. Certificate of Insurance (page 1-63). 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 1-71 through 1-85). 8.7. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Forms, and Specifications for: NORTH COLONY BOULEVARD WIDENING FROM CURRY DRIVE TO PAIGE ROAD City of The Colony BID #69-10-06-N. COLONY 8.8. Addendum to the NCTCOG Standard Specifications for Public Works Construction included in Appendix B. 8.9. Construction plans, one set consisting of Two Hundred Ninety-One (291) consecutively numbered sheets. 8.10 The following listed and numbered addenda: Addenda Nos. 1, 2, & 3. 8.11. CONTRACTOR's Proposal, Bid Schedule, and Summary of North Colony Boulevard Widening from Curry Drive to Paige Road (page 1-17 through 1-45). 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). Contract Documents 1-57 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 101.1 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 of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. Contract Documents 1-58 This Agreement will be effective on October 6, 2010. OWNER: City of The Colony CONTRACTOR: Tiseo Paving Company 6800 Main Street 419 E. Hwy. 80 The Colony, TX 75056 Mesquite, Texas 75150 BY: TITLE:I City Manager TITLE: ATTEST:A/W~~' ATTEST: ( e{ z Address for giving notices: Address for giving notices: City of the Colony Tiseo Paving Company 6800 Main Street 419 E. Hwy. 80 The Colony, Texas 75056 Mesquite, Texas 75150 Attn: Ron Hartline, P.E. Attn: Senior Engineer (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) Contract Documents 1-59