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Home My WebLink AboutItem 04 - Fiber ConduitITEM rg MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, ACTING CITY MANAGER � _ MEETING DATE: OCTOBER 11, 2005 SUBJECT: APPROVAL OF A CONTRACT AWARD TO INSTALL FIBER CONDUIT CONNECTING VARIOUS CITY FACILITIES FOR THE INFORMATION TECHNOLOGY DIVISION RECOMMENDATION: City Council to consider awarding a contract to Henkels & McCoy for the installation of fiber optic cable along various routes to connect City facilities with two-way communications. The total of this contract will not exceed $158,834.76. The bid tabulation is attached for review. FUNDING SOURCE: Funds are available in account 325-48899-000-00-0006 (Lease Fund/Infrastructure). BACKGROUND: Bids were taken in accordance with Local Government Code Chapter 252, Subchapter B, Section 252.021 (a) and Section 252.041 (a). The bid advertisement posted in the Fort Worth Star Telegram and Grapevine Sun on October 30, 2005 and November 6, 2005. This project is for the installation of approximately 15,000 linear feet of 1-1/4" conduit and fiber optic cable between the Information Technology Building and other City facilities including the Police Station, Library, Service Center, Fire Station No. 1 and Convention Center. The new fiber optics line will provide two-way connectivity between these buildings for data transfer and phone service. Bids were opened on November 15, 2005 with three bidders responding as shown in the bid tabulation. The Engineer's estimate for the project was $163,000.00. The lowest bid received for all bid items was $158,834.76. Three vendors responded to the solicitation. The low bidder, Henkels & McCoy, is a qualified contractor with the ability to perform the work. The reference check indicates that Henkels & McCoy have performed well on other similar projects. Henkels & McCoy has also performed a majority of the work in the City of Grapevine for the Verizon FTTP project approximately one year ago with no problems in either quality of work or timeliness. Staff recommends this project be awarded to Henkels & McCoy in the total amount of $158,834.76 CD November 30, 2005 (1:05PM) Tabulation of Bids 4 City of Grapevine Name of Bidder. Address................................................... . City,State,Zip............................................ . Telephone/Fax Number ............................... Company Representative ............................. t� �t�� 1 * m Apt 244-2005-�Bt�EtflCtgifies IT Fiber Pro"ectBtds',%erue," 5 Information Technology 10/30/2005 Henkels & McCoy Capco Communications, Inc 515 Huffines Blvd. 18897 Johnson Lane Lewisville, TX 75056 Farmersville, TX 75442 214-697-2913/972-512-2957 512-971-21001972-782-6103 Wesley Lee Kyle Capps 11/15/2005; 10:OOAM Bid ReCd._'" 3 _ 2nd Ad`,' kf�7 1116/2005 Akerman Construction 2915 SH 74S P.O. Box 1626 405-527-1232/405-527-0192 Steve Akerman "i .. 'ti t , 1 k .,, �`,,. ,tt: 1 ca ?. �,. . '`` •`et �.., 5�,,: t , k .. agt. �. t :. t. \ ."1 1 X,` c., „2 d m,ta, 1 4t t \t.: 4,,: Y' to . �{ e `Av : �` �. 1 w x k ,.z `t . , „ .., i. a NU x,, +1F.F ,�..e�w �in:� ,}d. 4 ��.y .n p t ,\ t k t: t k' }t �t jC Ef �,L6+nd:4d ,}.nt^v,t ,.: x:. ....,., �Al, - . . , ,kA ix ,�,%, T .F b.r r►i#° �t a�9tk,„'".rv�": ..'t 's �Ext�nded Price m A'p, h,w .. ,lln�# Pace PrtGe w ITButldin ``#oa`Ch rah °St ,7 1 2" DR 11 HDPE Conduit Bored or Open 2401 LF $11.24 $2,697.60 $16.21 $3,890.40 $20.18 $4,843.20 2130"X 17" S lice Boxes & Apeurtenances 2 EA $278.20 $556.401 $506.25 $1,012.50 $603.13 $1,206.26 South Flbre�Route 1 1/4" DR 11 HDPE Conduit Bored or Open 3 Cut 4 Test Stations 5300 LF $9.11 $48,283.00 $15.52 $82,256.00 $19.55 $103,615.00 5 Marker Signs & ID Marker System 13 EA 11 EA $87.50 $1,137.50 $219.93 $2,859.09 $280.58 $3,647.54 6 30"X18" Pull Boxxes & Appurtenances 12 EA $84.86 $278.20 $933.46 $3,338.40 $84.22 $506.25 $926.42 $67.13 $738.43 7 30"X17' Splice Boxes & Appurtenances 2 EA $278.20 $556.40 $506.25 $6,075.00 $1,012.50 $579.69 $603.13 $6,956.28 8 Trench Safety 1 LS $250.00 $2-50.00 $300.00 $300.001$3 000.00 $1,206.26 $3,000.00 North°Fiber"Route,try 1 1/4" DR 11 HDPE Conduit Bored or Open 9 Cut 10 Test STations 3900 LF $9.11 $35,529.00 $15.52 $60,528.00 $19.55 $76,245.00 11 Marker S ins & ID Marker System 8 EA 9 EA $87.50 $700.00 $219.93 $1,759.44 $280.94 $2,247.52 12 30"X18" Pull Boxxes & Appurtenances 5 EA $84.86 $278.20 $763.74 $1,391.00 $84.22 $506.25 $757.98 $67.22 $604.98 13 30"X17' Splice Boxes & Appurtenances 1 EA $278.20 $278.20 $506.25 $2,531.25 $506.25 $586.25 $631.251-$631.25 $2,931.25 14 Trench Safety 1 LS $200.00 $200.00 $300.00 $300.00 $1,000.001 $1,000.00 NortheastTiber Route t 1 1/4" DR 11 HDPE Conduit Bored or Open 15 Cut 16 Test STations 5100 LF $911 $46,461.00 $15.52 $79,152.00 $19.55 $99,705.00 17 Marker S ins & ID Marker System 7 EA 6 EA $87.50 $612.50 $219.93 $1,539.51 $281.07 $1,967.49 18 30"X18" Pull Boxxes & Appurtenances 6 EA $84.86 $278.20 $509.16 $1,669.20 $84.22 $506,25 $505.32 $67.45 $404.70 19 30"X17' Splice Boxes & Appurtenances 1 EA $278.20 $278.20 $506.251 $3,037.50 $506.25 $584,38 -$631.251 $3,506.28 20 Trench Safety 1 JEA $250.00 $250.001 $300 00 $300 00 $1,000.0-0-F$1,000.00 $631.25 AddfDeletltems °�'� .. ry:, �, v : `„ ,,t,��., �, A, ', �n r'Ca �dyr,i it Tabulation of Bids r- City of Grapevine Name of Bidder— ........ — ....... ....... Address.............................................. . City,State,Zip........................................ Telephone/Fax Number ........................... Company Representative... .... ...... - ........ Bidl" 0 .* ' !' IT Fiber Project ft K; del 5 Information Technology Henkels & McCoy ..... 515 Huffines Blvd. ..... Lewisville, TX 75056 .... 214-697-2913/972-512-2957 lWesley Lee I�i11ud': 5 10/30/2005 Capco Communications, Inc 18897 Johnson Lane Farmersville, TX 75442 512-971-2100/972-782-6103 11115/2005: 10:OOAM Btd�e0d 3 11/6/2005 Akerman Construction 2915 SH 74S P.O. Box 1626 405-527-1232/405-527-0192 Steve Akerman SUMMARY OF BIDS t, M �°trieevnnl $ , t021' ��p tendedz FUnit Fiber Optic Cable & Appurtenances installed 21 in conduit for south route 5900 LF $0.80 $4,720.00 $1.71 $10,089.00 $4.15 $24,485.00 Fiber Optic Cable & Appurtenances installed 22 in conduit for north route 4200 LF $0.80 $3,360.00 $1.71 $7,182.00 $4.15 $17,430.00 Fiber Optic Cable & Appurtenances installed 23 in conduit for northeast route 5450 LF $0.80 V4e'i"'4 A ,� ,rk w 1t 'c , ` $4,360 00 $1.71 $9,319.50 $4.15 $22,617.50 Sub Totals for South Route W/O Fiber -Bid Items 1,2, 3-8 $57,752.76 $98,331.91 $125,212.97 Sub Totals for South Route W/Fiber-Items 1,2, 3-8 & Add/Delete Item 21 $62,472.76 $108,420.91 $149,697.97 Sub Totals for North Fiber Route W/O Fiber -Bid Items 1,2, 9-14 $42,115.94 $71,285.82 $89,709.46 Sub Totals for North Fiber Route W/Fiber-Items 1,2,9-14 & Add/Del Item 22 $45,475.94 $78,467.82 $107,139.46 Sub Totals for Northeast Fiber Route W/O Fiber -Items 1,2, 15-20 $53,034.06 $89,943.48 $113,264.18 Sub Totals for Northeast Fiber Route W/Fibre-Items 1,2,15-20 & Add/Del Item 23 TOTAL -All fiber routes W/O Fiber Bid Items 1-20.............................. $57,394.06 $146,394.76 $99,262.98 $249,755.41 $135,881.68 $316,087.69 TOTAL -All fiber routes W/Fiber Items 1-20 & Add/Del Items 21,22,23... $158834.76t____$276,345.91 $380,620.19 Bid Signed Bid Signed Bid Signed NOTES................................................................ Addenda Acknowledged Bid Bond Included Addenda Acknowledged Bid Bond Included Addenda Acknowledged Bid Bond Included SUMMARY OF BIDS 41. Tabulation of Bids 1 i City of Grapevine Name of Bidder ........................................... Address................................................... . City,State,Zip............................................. Telephone/Fax Number ............................... Company Representative ............................. 244-2005�. � `. f . _�t" ..,... , �,x 11/15/2005 10:OOAM IT Fiber Project 5 gidse.ct, 3 Information Technolo 10/30/2005 11/6/2005 Law„Bidq#a`.ka ,terris;witti Addll?eiete`Items„ att Henkels & McCoy$158,834.76 Henkels & McCoy Capco Communications, Inc Akerman Construction 515 Huffines Blvd. 18897 Johnson Lane 2915 SH 74S Lewisville, TX 75056 Farmersville, TX 75442 P.O. Box 1626 214-697-2913/972-512-2957 512-971-2100/972-782-6103 405-527-1232/405-527-0192 Wesley Lee Kyle Capps Steve Akerman nun`r�eS nS1Y4;Ye17i7t7I8• ,,zez, z N412I"eniJQfl4. , " „t" rT 11 .$. ... aalAiBliv oib�, Verizon Communications Orius Corporation Henkels & McCoy $146,394.76 Capco Communications, Inc. $249,755.41 Akerman Construction $316,087.69 Law„Bidq#a`.ka ,terris;witti Addll?eiete`Items„ att Henkels & McCoy$158,834.76 Ca co Communications, Inc. $276,345.91 Akerman Construction $380,620.19 Terrace for approximately 800 feet. The contractor completed this section of trail while they were working in that area of the project at the contract price. The funds to construct this portion, ($14,530) were not included in the TXDOT grant, therefore, were not eligible for matching funds. Officials from Reliable Paving, Inc. first approached staff with a request for payment over $300,000 over the amount approved by the Council for the construction of the trail. The reason for the overage according to Reliable Paving officials was the increase in the cost of concrete and steel prices during the course of the construction of the trail, time delays with the re -design of the shoring system under the W. D. Tate service road bridge and supervisory time. Staff negotiated a final payment settlement of $150,000, not including the $14,530 for the cost of the Rose Cliff trail. The grant the city received from TxDot will cover 75% or $112,500 of the $150,000 settlement. Staff recommends approval of the change order and acceptance of the Settlement Agreement and Release. 791A November 30, 2005 (4:47PM) STATE OF TEXAS § COUNTY OF TARRANT § SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is made and entered into this day of , 2005, by and between Reliable Paving, Inc., ("Reliable"), 1903 N. Peyco, Arlington, Texas 76001, 817-467-0779 (phone), 817-467-9148 (fax) and the City of Grapevine, Texas ("City") (collectively the "Parties"). THE PARTIES AGREE AS FOLLOWS: RECITALS 1.0 Circumstances, which lead to this Settlement Agreement, are as follows: 1.1 The City is a municipal government lawfully organized under the laws of the State of Texas and located in Tarrant County, Texas, at 200 S. Main Street, Grapevine, Texas, 76051817-410-3122 (phone). Reliable provided labor and materials for the Big Bear Creek Trail project located within the municipal boundaries of the City (the "Proj ect"). 1.2 Reliable has requested change orders for work done and extended time on the Project. 1.3 The City claims to have incurred liquidated damages under the contract due to the performance of Reliable. 1.4 The Parties have reached an agreement to fully, finally and to forever discharge any claims either of the Parties may have against each other related to the Project by this Settlement Agreement in and for the consideration set forth below. AGREEMENT 2.0 Release and Discharge 2.1 Reliable does hereby compromise, settle, and fully release and forever discharge the City, the City's past and present elected and appointed officials, employees, officers, directors, successors, assigns, administrators, insurers, risk pools underwriters, subsidiaries, affiliates, investigators, adjustors, and attorneys (collectively the "Released Parties"), of and from any Claims (defined below), and any and all claims and demands, controversies, actions or causes of action of every conceivable character, without limitation, regarding or relating to the Claims. SETTLEMENT AGREEMENT AND RELEASE PAGE 1 2.2 The City does hereby compromise, settle, and fully release and forever discharge Reliable, its past and present agents, employees, officers, directors, successors, assigns, administrators, insurers, risk pools underwriters, subsidiaries, affiliates, investigators, adjustors, and attorneys (included in the collective term identified above as the "Released Parties"), of and from any Claims (defined below), and any and all claims and demands, controversies, actions or causes of action of every conceivable character, without limitation, regarding or relating to the Claims. 2.3 This Settlement Agreement extends to claims of every kind, character and description, and shall extend to and include any and all claims or causes of action that have been or that could be asserted, regardless of the legal theory, including but not limited to claims involving negligence, contract rights, common law, claims in equity, damages, intentional tort, or relating to any local, state or federal law, statute, rule or regulation related, directly or indirectly, to the Project (collectively referred to as AClaims@). By way of example and without limiting the scope of this Settlement Agreement, it is acknowledged that this Settlement Agreement is specifically intended to release all possible claims and damages which Reliable may have at the present or at any time in the past against the City, and all possible claims and damages which the City may have at the present or at any time in the past against the Reliable, and regardless of whether the claims and damages are fully known or appreciated at this time, and whether or not they have fully matured or are appreciated at this time 2.4 The release in this Settlement Agreement shall be fully binding and a complete settlement by the Parties and their respective heirs, assigns and successors. 2.5 Reliable and the City acknowledge and agree that the release and discharge set forth in this Settlement Agreement is a general release. Reliable and the City expressly waive and assume the risk of any and all claims for damages which exist as of this date, but of which they do not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Reliable or the City's decision to enter into this Settlement Agreement. 3.0 Consideration In consideration of this Settlement Agreement and the release of Claims and other covenants made in this Settlement Agreement, the Parties agree the following provisions. This consideration is accepted by Parties and their respective attorneys in full and complete satisfaction of all Claims, demands, causes of action and damages to Parties which have been asserted, which could have been asserted, or may ever be asserted against any of the Released Parties herein arising out of, or in any way related to the above stated Claims. SETTLEMENT ACREEMENT AND RELEASE PAGE 2 3.1 The Department of Parks and Recreation agrees to recommend to the City Council of the City of Grapevine that change orders be approved for totaling one hundred and fifty thousand dollars ($150,000). 3.2 The Department of Parks and Recreation agrees to recommend to the City Council of the City of Grapevine that change orders be approved for fourteen thousand five hundred thirty dollars ($14,530) on a sub -project known as the "Rose Cliff Terrace Area". 3.3 The City agrees not to seek, invoke or apply any liquidated damages to the contract between the Parties, file any notices of poor performance, or seek repayment for any items already paid for. 3.4 Reliable agrees not to seek, any damages for additional changes in the contract scope, or for delays within the City's control associated with the contract between the Parties, or seek payment for any items not already paid for. 3.5 The Parties agree that the contract between the Parties on the Project shall remain in full force and effect. Reliable expressly acknowledges and agrees that the release and discharge set forth in this Settlement Agreement does not release Reliable from its obligation to complete the Project under the contract terms. 4.0 Warranty of Capacity to Execute Agreement By executing this Settlement Agreement, the person executing same warrants that he/she has the legal authority to execute on behalf of the Parties, respectively. Reliable and the City represent and warrant that no other person or entity has, or has had, any interest in the Claims referred to in this Settlement Agreement, except as otherwise set forth herein; that Reliable and the City have the right and exclusive authority to execute this Settlement Agreement for themselves and sureties and receive the consideration specified in it; and that Reliable and the City have not sold, assigned, transferred, conveyed or otherwise disposed, in whole or in part, of any of the Claims, demands, obligations or causes of action referred to in this Settlement Agreement. Any and all Claims against the Released Parties which are not specifically released arising out of the Project are hereby assigned in full to the Released Parties. FOR AND IN CONSIDERATION OF THE CONSIDERATION RECITED ABOVE: 1) RELIABLE AGREES TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY AND RELEASED PARTIES, AND THOSE IN PRIVITY WITH THEM, OF AND FROM ANY CLAIMS, SUITS, DEMANDS, AND CAUSES OF ACTION BROUGHT BY ANY PERSON OR ENTITY, DERIVATIVE OR OTHERWISE, CLAIMING AN INTEREST IN THE RELEASED CLAIMS. SUCH INDEMNITY SPECIFICALLY APPLIES TO ANY DERIVATIVE CLAIMANT FOR ANY GOODS, MATERIAL, LABOR, OR SERVICES PROVIDED ON THE PROJECT, REGARDLESS OF WHETHER THAT CLAIMANT HAS SETTLEMENT AGREEMENT AND RELEASE PAGE 3 GIVEN NOTICE OF UNPAID BILLS. SUCH INDEMNITY WILL INCLUDE COSTS TO DEFEND SUCH CLAIMS WITH COUNSEL SELECTED BY THE CITY, INCLUDING ATTORNEYS FEES AND EXPENSES, AND WILL APPLY EVEN IF SUCH CLAIMS AND CAUSES OF ACTION ARISE OUT OF THE INTENTIONAL OR UNINTENTIONAL ACTS, OMISSION, REPRESENTATIONS, SOLE OR PARTIAL NEGLIGENCE OF THE .RELEASED PARTIES; AND 2) THE CITY AGREES TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RELIABLE AND RELEASED PARTIES, AND THOSE IN PRIVITY WITH THEM, OF AND FROM ANY CLAIMS, SUITS, DEMANDS, AND CAUSES OF ACTION BROUGHT BY ANY PERSON OR ENTITY, DERIVATIVE OR OTHERWISE, CLAIMING AN INTEREST IN THE RELEASED CLAIMS. SUCH INDEMNITY SPECIFICALLY APPLIES TO ANY DERIVATIVE CLAIMANT FOR ANY GOODS, MATERIAL, LABOR, OR SERVICES PROVIDED ON THE PROJECT, REGARDLESS OF WHETHER THAT CLAIMANT HAS GIVEN NOTICE OF UNPAID BILLS. SUCH INDEMNITY WILL INCLUDE COSTS TO DEFEND SUCH CLAIMS WITH COUNSEL SELECTED BY THE CITY, INCLUDING ATTORNEYS FEES AND EXPENSES, AND WILL APPLY EVEN IF SUCH CLAIMS AND CAUSES OF ACTION ARISE OUT OF THE INTENTIONAL OR UNINTENTIONAL ACTS, OMISSION, REPRESENTATIONS, SOLE OR PARTIAL NEGLIGENCE OF THE RELEASED PARTIES. 5.0 Acknowledgment of the Uncertain and Disputed Nature of any Claim It is understood and agreed that this settlement is a compromise of claims and that the consideration being made is not an admission of liability, and the Parties have consistently denied all liability. 6.0 Additional Acknowledgments It is understood and specifically acknowledged by Reliable and the City that: 6.1 Reliable and the City have not been influenced and have not received or relied upon any statement, promise, representation, inducement, or agreement from any of the Released Parties, or from any person claiming to represent any of the parties being released, other than explicitly set forth in the written terms of this Settlement Agreement; 6.2 This Settlement Agreement is entered into upon Reliable and the City's own free will and upon the exclusive advice and counsel of an attorney of their choosing; 6.3 In signing this Settlement Agreement, Reliable and the City have read it, had the opportunity to have its terms explained to them by their attorney and understand that it is an irrevocable final settlement of all claims which they now or will ever have SETTLEMENT AGREEMENT AND RELEASE PAGE 4 with regard to the Project in question and these things cannot be reopened in the future. 7.0 Governing Law and Disputes This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. If one or more disputes arise with regard to the interpretation and/or performance of this agreement or any of its provisions, the parties agree to attempt to resolve same by telephone conference with mediator John Hughes, or other mediator selected by the City, and if no agreement, by Court appointment. If the parties cannot resolve their differences by telephone conference with the mediator, then each agrees to schedule one day of mediation with the mediator John Hughes within thirty (30) days to resolve the dispute and to share the cost of same equally. If a party refuses to mediate, then that party may not recover attorney's fees or costs in any litigation brought to construe or enforce this agreement. 8.0 Additional Documents All parties agree to cooperate fully and execute any and all supplementary documents and to take all actions, which may be necessary or appropriate to give full force and effect to the basic terms of this Settlement Agreement. The parties acknowledge that each of them have had the opportunity to obtain the benefit of counsel of their own choice and have been afforded an opportunity to review the Settlement Agreement with their chosen counsel. The parties further acknowledge that they have participated in the preparation of this agreement and it is understood that no provision hereof shall be construed against any of the parties hereto. 9.0 Entire Agreement and Successors in Interest This Settlement Agreement contains the entire agreement between the Parties with regard to the matters set forth in it and shall be binding upon and enure to the benefit of the executors, administrators, personal representatives, heirs, successors, agents, and assigns of each. Any and all prior or contemporaneous agreements, understandings, promises, representations, warranties, and covenants, whether written or oral, or whether expressed, implied, or apparent, are hereby deemed merged into and made a part of this Settlement Agreement. The terms of this Settlement Agreement are contractual and not mere recitals. THE PARTIES HERETO AFFIRMATIVELY STATE THAT THEY HAVE CAREFULLY READ THIS AGREEMENT AND THAT IT HAS BEEN FULLY EXPLAINED TO THEM BY COUNSEL OF THEIR CHOICE AND THAT THEY FULLY UNDERSTAND ITS FINAL AND BINDING EFFECT, THE TERMS OF THIS AGREEMENT ARE CONTRACTUAL AND NOT A MERE RECITAL. SETTLEMENT AGREEMENT AND RELEASE PAGE 5 EXECUTED IN MULTIPLE ORIGINALS ON THIS DAY OF , 2005. By: Printed name: Title: VERIFICATION: BEFORE ME, the undersigned authority, on this day personally appeared , holding the title of with Reliable Paving, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. SUBSCRIBED AND SWORN TO BEFORE ME the undersigned notary public, by the said , this day of , 2004 to certify which witness my hand and seal of office. Notary Public in and for The State of Texas CITY OF GRAPEVINE: SETTLEMENT AGREEMENT AND RELEASE PAGE 6 Bruno Rumbelow Acting City Manager City of Grapevine, Texas ATTEST: City Secretary Linda Huff APPROVED: City Attorney John F. Boyle H:\Boyle-Lowry\Grapevine\gv-agreements\gv-release-bear creek tail -reliable paving.doc SETTLEMENT AGREEMENT AND RELEASE PAGE 7