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DR9503-CN 960227 AGENDA REQUEST FORM CITY COUNCIL MEETING: February 27, 1996 /. ITEM # ITEM CAPTION: Discussion and consideration of awarding Bid/Contract #Q-1196-03 for the construction of Andrew Brown Jr. Community Park East Outflow Structure Project # DR 95-03 as allocated for in the CIP Program to Renaissance Contractors Inc. in the amount of $24,961.25 and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Assistant City Manager/City Engineer INITIALS ~ STAFF COMMENTS: On February 9, 1996 three bids were received and opened for Project DR 95-03. The low bidder on the project was Renaissance Contractors Inc. This project consists of the reconstruction of the existing gate valve to prevent water from backing up into Andrew Brown Jr. Community Park. The current gate valve has become disjointed due to erosion. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: Staff will be available to answer questions at the meeting. BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS: Funds for this project have been allocated in the Park CIP Account REVIEW~ CITY MANAGER REVIEW: FINANCIAL Agenda Request Form - Revised 1/94 Document Name eng.04 BID TABULATION ANDREW BROWN JR. COMMUNITY PARK EAST OUTFLOW STRUCTURE DR 95-03 Renaissance Contractors Mike Albert, Inc. Linder-Stahl Construction Item Quanity Unit Description 1402 Corinth P.O., Box 211044 2200 Cantrell Sansom Rd. Dallas, TX 75215 Bedford, TX 76095 Ft. Worth, TX 76131 2 ! 4/421 - 1177 817/57%8605 8 ! 7/232-5555 Unit Price ] Total Price Unit Price [ Total Price Unit Price I Total Price I 12 LF Remove & Relay 48" RCP 362.00 4,344.00 450.00 5,400.00 158.00 1,896.00 2 4 LF 48" RCP 540.00 2,160.00 280.00 1,120.00 410.00 1,640.00 3 1 EA Type 'A' Headwall 3,400.00 3,400.00 6,000.00 6,000.00 9,620.00 9,620.00 4 2 EA Deep Foundation 22.8' deep 1,650.00 3,300.00 5,500.00 11,000.00 7,580.00 15,160.00 5 I EA Remove & Reinstall 48" Gate Valve 800.00 800.00 1,300.00 1,300.00 2,680.00 2,680.00 6 6 CY 6" Reinforce Concrete 350.00 2,100.00 300.00 1,800.00 385.00 2,310.00 7 1000 SF Enkamat 7020 or Equivalent 1.61 1,610.00 1.50 1,500.00 1.24 1,240.00 8 135 CY Backfill Sandy Clay 36.75 4,961.25 40.00 5,400.00 39.40 5,319.00 9 4.5 CY Rock Rubble 508.00 2,286.00 200.00 900.00 170.00 765.00 Total Cost $24,961.25 II $34,420.00 II $40,630.00 I Calendar Days l[ 30 11 80 II 30 I BIDDING AND CONTRACT DOCUMENTS BID FORM PROJECT IDENTIFICATION: Andrew Brown Jr. Community Park East Outflow Structure - DR 95-03 in Coppell, Texas. BID OF RENAISSANCE CONTRACTOR, INC. DATE Februa~ 9, 1996 (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q-0196-03 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: D ate: Rec'd: 1-13 Bidding and Contract Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefully all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER 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; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER 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 or similar information or data in respect of said Underground Facilities are or will be required by BIDDER 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. 1-14 Bidding and Contract Documents (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (.j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. 5. BIDDER will complete the Work for the following price(s): 1 - 15 Bidding and Contract Documents UNIT PRICE BID SCHEDULE ANDREW BROWN JR. COMMUNITY PARK EAST OUTFLOW STRUCTURE DR 95-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1 12 L.F. Remove and relay 48" RCP 362.00 4,344.00 Complete in Place Three hundred sixty-two Dollars and no Cents per L.F. 2 4 L.F. 48" RCP Complete in Place 540.00 2,160.00 Five hundred forty Dollars and no Cents per L.F. 3 1 EA. Type 'A' Headwall Complete in Place 3,400.00 3,400.00 Three thousand four hundred Dollars and no Cents per each. 4 2 EA. Deep Foundation (driven piling/drilled shaft approx. 1,650.00 3,300.00 22.8' deep) Complete in Place One thousand six hundred fifty Dollars and no Cents per each. 1 - 16 Bidding and Contract Documents UNIT PRICE BID SCHEDULE ANDREW BROWN JR. COMMUNITY PARK EAST OUTFLOW STRUCTURE DR 95-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 5 1 EA. Remove and reinstall 48" Gate Valve 800.00 800.00 Complete in Place Eight hundred Dollars and no Cents per each. 6 6 C.Y. 6" Reinforced Concrete (apron;channel;toewall) 350.00 2,100.00 Complete in Place Three hundred fifty Dollars and no Cents per C.Y. 7 1000 S.F. Enkamat 7020 or equivalent Complete in Place 1.61 1,610.00 One Dollar and sixty-one Cents per S.F. 8 135 C.Y. Backfill of Sandy Clay (compacted to 95% density) 36.75 4,961.25 Complete in Place Thirty-six Dollars and seventy-five Cents per C.Y. 1-17 Bidding and Contract Documents UNIT PRICE BID SCHEDULE ANDREW BROWN JR. COMMUNITY PARK EAST OUTFLOW STRUCTURE DR 95-03 BASE BID Item Quantity Unit Description and Price in Words Unit Total No. Price Price 9 4.5 C.Y. Rock Rubble (12" - 18" diameter) 508.00 2,286.00 Complete in Place Five hundred eight Dollars and no Ceres per C.Y. TOTAL BID ITEMS 1 THRU 9 $ 24,961.25 TANGIBLE PERSONAL PROPERTY COST $ 2,500.00 1-18 Bidding and Contract Documents ANDREW BROWN JR. COMMUNITY PARK EAST OUTFLOW STRUCTURE DR 95-03 BID SUMMARY CALENDAR TOTAL PRICE DAYS TOTAL BASE BID ITEMS 1 THRU 9 $ 24,961.25 30 In Words: Twenty-four thousand, nine hundred sixty-one dollars and twenty -five cents. 6. BIDDER agrees that all Work awarded will be completed within 30 Calendar Days. Contract time will commence to run as provided in the Contract Documents. 7. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 8. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 9. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED ON February 9, 1996. 1-19 Bidding and Contract Documents ANDREW BROWN JR. COMMUNITY PARK EAST OUTFLOW STRUCTURE DR 95-03 BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and t-mai. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) , ME, the undersign&l al~thori~, a ~o..t~, Public. in and for the Sta~e of' L/,~{2~' , on this personally appeared "'~ [l~-~[-bU-- !~ [I/L~-' '~l'%~ame wh°ut,.,,, after being b~t me daY duly sworn, did depose and say: "I, ,,4--,~'&~'t.,q /90,-, .--,-,c,--6, ffE am a duly authorized office/agent for Name · ~c:--,,-~ ,.s~,,~,,,aa-' ~'c,~r~,~,cr-*,,z5, .F,..~d have been duly authorized to execute the Name of Firm foregoing on behalf of the said ~.t_c,,.,,q,._~,q,~.,c~- ~__c,..-., ;-,z ,,q c,-c,/aS d-'~c__ Name of Finn · I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." -20 l~htding and Contract Oocu~nent~ SUBSCRIBFD SWORN to beforej~e by the above named onthis the AN~,~ day°f ?J~-l~/'~fl''l~' : NOTARY PUBLIC . By ~divid~'s N~e) do~g bus'ess ~ B~e~ess Phone No. A Partne~hip By (Seal) (Firm Name) (General Partner) Busines~ldress Phone No. A Corporation (Co~omfion N~e) 0 (Nme o~ p~n au~omed to sign) (Tide) (S~~) / / Phone No. A Joint Venture By (Nme) (Address) By (Nme) (Address) (E~h joint venture m~t sign. ~e ~er of si~g for tach ~dividu~, pmnemhip ~d co~omfion ~at is a p~er to ~e joint venue should be ~ ~e mcr ~dicated ~ve.) STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 1996 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and Renaissance Contractors, 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: This project is located in Andrew Brown Jr. Community Park East on the south bank of Denton Creek. The scope of the work is as shown on the construction plans (DR 95-03) and as stated in these specifications. Generally, the work shall consist of the installation of 16 feet of 48" storm sewer pipe, Type 'A' headwall, 2 deep foundation pilings, rock rubble, reinfored concrete and the removal and reinstallation of a 48" gate valve. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Andrew Brown Jr. Community Park East Outflow Structure DR 95-03 Article 2. ENGINEER. The Project has been designed by: City of Coppell Engineering Department Contract administration 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. 1-24 St, ndard Form of Agreement Article 3. CONTRACT TIME. 3.1. The Work will be completed within 30 calendar days from the date when the Contract time commences to run 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 of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. 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 daily (but not as a penalty) CONTRACTOR shall pay OWNER One hundred twenty and no/100 dollars ($120.00) 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 $ 24,961.25 The total tangible personal property cost included in the contract sum is $ 2,500.00 Article 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 pi'ovided 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. 1-25 Standard Form of Agreement 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 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 1-26 Standard Form of Agreement 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 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. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 24 thru 29, inclusive). 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 the NCTCOG, Part 1: General Provisions (pages 36 thru 42). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for Andrew Brown Park East Outflow Structure - DR 95-03 for the City of Coppell". 8.8. Drawings entitled: "Andrew Brown Park East Outflow Structure - DR 95-03". 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and Contract Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 1-27 Standard Form of Agreement 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. 1-28 Standard Form of Agreement 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 Comract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreemem will be effective on , 1996. OWNER: City of Coppell CONTRACTOR: Renaissance Comractors, Inc 255 Parkway Boulevard 1402 Corinth Coppell, TX 75019 Dallas, TX 75215 BY: BY: TITLE: TITLE: ATTEST: ATTEST: Address for giving notices: Address for giving notices: P.O. Box 478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Assistant City Manager/City 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.) 1-29 Standard Form of Agreement