ST9302-AG 980825AGENDA REQUEST FORM
CITY COUNCIL MEETING: August 25, 1998 ITEM #
ITEM CAPTION:
Consider approval of awarding Bid/Contract #Q -0598 -07 to Ed Bell Construction Company in the
amount of $8,436,364.00 for the construction of Sandy Lake Road Paving, Drainage and Water System
Improvements; and authorizing the Mayor to sign.
APPROVED
BY
DA T "f T Y CQU IL 9-2e'2s�'? '�- - --
SUBMITTED :Kenneth M. Griffin, P.E.
TIT Director of Engineering/Pu c Works
STAFF R COMMENDS: APPROVAL
STAFF COMMENTS:
Bids were opened on Thursday, August 6, 1998 at 2:00 P.M. Four bids were received from: Ed Bell
Construction Company, Oscar Renda Contracting, Inc., Tiseo Paving Co., and Site Concrete, Inc. A bid
tab is attached for your review. Kimley -Horn and Associates, Inc., the consulting engineering on this
project, recommends awarding the construction contract for Sandy Lake Road Paving, Drainage and
Water System Improvements to the low bidder, Ed Bell Construction Company, in the amount of
4,'8,436,364.00. The construction time is 850 calendar days with an estimated start of construction in
Jctober 1998. The anticipated completion date is February 2001.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +/- BUD:$
FINANCIAL�OMMENTS:
Funds are available in the 1997 GO Bond CIP Account for the paving and drainage
costs. The water /sewer portion has funding available in the 1997 CIP accounts.
DIR. INITIALS: k� FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 3/98 Document Name: #engl
4�� Je<—, / &"� IA�;� —A.,)
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the n l day of in the
year 1998 by and between the CITY OF COPPELL, TEXAS, a municipal corporation
(hereinafter called OWNER) and Et 6e4- �ar'Si�lc'i�arJ (aAPnwy (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:
This project is generally along the Sandy Lake Road Right -of -Way between Denton Tap
Road and MacArthur Boulevard. The work shall consist of the construction of Sandy Lake
Road paving, drainage, and water system improvements.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Sandy Lake Road
Paving, Drainage & Water System Improvements
PROJECT #f ST 93 -02
Article 2. ENGINEER.
The Project has been designed by Kimley -Horn and Associates, Inc.. Inspection will be provided
by the City of Coppell 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 ENGINEER in the Contract Documents in connection with completion of the
Work in accordance with the Contract Documents.
1 -61 Contract Documents
I
Article 3. CONTRACT TME.
8�
3.1. The Work will be completed within calendar days from the date when the Contract
time commences to nun as provided in Item 1.13 of the General Provisions, and completed
and ready for final payment in accordance with Item 1.51 of the General Provisions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence in this Agreement. They also recognize the delays, expense and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER
if the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars and No/ 100 ($500.00)
for each day that expires after the time specified in paragraph 3.1 for Completion until the
Work is complete.
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
Section 1 - Proposal and Bid Schedule. The contact sum shall be the amount of
$ g 3 L 3 4. u . The total tangible personal property cost included in the contract
sum is $ 2D .
IArticle 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 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 1.51 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 1.51.2 of the General Provisions, but, in each case, less the
1 -62 Contract Documents
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with Item 1.52 of the General
Provisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said Item 1.51.4.
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 1.3 of the General Provisions, and accepts
the determination set forth in Item SC -1.20 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 1.3 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
1 -63 Contract Documents
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 1.3,
1.20 and 1.21 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. CONTRACTOR DOCUMENTS.
dThe Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
d8.1. This Agreement (pages 1-49 through 1 -54, inclusive).
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8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
8.6. Supplementary Conditions to NCTCOG, Part 1: General Provisions (pages 2 -1
through 2 -13).
8.7. Specifications bearing the title: "Construction Specifications and Contract
Documents for Sandy Lake Road Paving, Drainage and Water System
Improvements B Project # ST 93 -02 for the City of Coppell ".
8.8. Drawings entitled: "Sandy Lake road Paving, Drainage, & Water System
Improvements B Project # ST 93 -02 ".
8.9. The following listed and numbered addenda:
1 -64
Contract Documents
8. 10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and
J Contract Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12. 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 1.37 and 1.38 of the General Provisions.
8.13. 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
1.37 and 1.38 of the General Provisions. ,
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 1.0 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 VvI EREOF, 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.
1 -65 Contract Documents
This Agreement will be effective on S , 19'f .
OWNER: CONTRACTOR
City of Coppell M BetA- Cis- rr�c�T�aw Ce�Pn� T
255 %rkwav-Bouldvard 1e60 S RP49 I jfi*%.
B'
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A
Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Director of Engineering and Public Works
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
BY: L
�o
TITLE: � o c
ATTEST:
ticks Bak, P- RVtA'eY
Address for giving notices:
locos I+*A-r R,N�
Dw-80, T'F i-S2'i-o
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
1 -66 Contract Documents