HomeMy WebLinkAboutContract 43593 C'Ty 5q*TARV
C11Y SECRETARY✓ KO.
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UcTION'S COPY
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DPARTMENT
` PROJECT MANUAL
FOR
THE CONSTRUCTION OF
MISCELLANEOUS SUB DRAIN IMPROVEMENTS
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City Project No,01696
Betsy Price Tom Higgins
Mayor City Manager
Douglas W.Wiersig,P.E.
Director,Transportation and Public Works Department
1
Prepared for
The City of Fort Worth
` May 2012
OFFIClA�RECORD
CffY SECRETARY a;_� o_i , P ,4 : 205 OUT
�,WORTHS TX
M C Review Page l of 2
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Official site of the City of Fort Worth,Texas
FORT WORT
CITY COUNCIL AGENDA H
COUNCIL ACTION: Approved on 911112012
DATE: 911112012 REFERENCE 2**C- 20SWM-
No.: 58D5 LOO NAME. M ISCSUBDRAlhl2 1
42
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with Woody Contractors, Inc., in the Amount Up to
$400,004.09 for the Miscellaneous Sub-Drain Improvements Contract-2912 for Various
Locations Throughout the City on an As Needed Basis (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Woody
Contractors, Inc., in the amount up to$400,000.00 for miscellaneous sub-drain improvements
contract-2012 for various locations throughout the City on an as needed basis.
DISCUSSION:
The work performed under this contract will consist of the installation of sub-drain systems to drain
areas(primarily in streets)where groundwater runs or accumulates for long periods. There is not a
pre--defined single scope for this contract but, rather,work orders will be issued on the contract to
address the problems at various locations, starting with the most severe problems.
The price of each work order will be based on the unit prices bid with the cumulative amount of all
work orders issued under this contract, capped at$400,904.00. If the allotted funds are exhausted
prior to the end of the calendar term of the contract, the city has the option to provide additional
funding to extend the contract through the end of the calendar term (up to a maximum of 25 percent
of the contract's original value), provided that funds are available and that the contractor agrees to
abide by the same terms, conditions, and unit prices originally bid. In keeping with City policy, any
amendment exceeding $50,000.00 must be approved by City Council.
-rhe bid amounts cited below were based on hypothetical quantities for the purpose of establishing
unit prices for each work item. The bid specifications stipulate that regardless of the dollar amount
bid, the contract would be awarded in the amount up to $400,000.00. Final payments will be made
based on actual measured quantities. Funding will be verified individually for each work order prior to
its release. The bid documents also include a provision for the City to exercise an option to renew this
contract two times under the same terms, conditions, and unit prices.
This Contract was advertised for bid in the Fort Worth Star-Tele ram on May 24, 2012 and May 31,
2012. On June 21, 2012 the following bids were received:
Bidders Bid Amount Time of Contract
Woody Contractors, Inc. $4293870.00 365 calendar Days
Jackson construction, Ltd. $791,930.09
Staff Probable Cost $399,865.00
M1WBE--Woody Contractors Inc., is in compliance with the City's MNVBE Ordinance by committing
to 14 percent MIWBE participation. The city's goal on the contract is 12 percent.
This project is located in ALL COUNCIL DISTRICTS.
http:llwww.fortworthgov.orglcouncil_packetJrnc—review.asp?II3=17203&councildate=911... 9/1412012
M&C Review Page 2 of 2
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Stormwater Capital Projects 2007 Revenue Bond Fund and the Street
Improvements Fund.
To FundlAccounVCenters FROM Fund/Account/Centers
P229 541200 201280169683 $200,000.00
0200 541200 20128016$683 Zoo 000.00
1W
Submitted for City.Managers office bv: Fernando Costa (6122)
�* Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Nicole Hart(7558)
ATTACHMENTS
http:llwww.fortwarthgov.orgf c ounci packetlmc review.asp?ID=172}3&councildate=9/1... 91141
N
CITY OF FORT WORTH
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORDS
STORM WATER MANAGEMENT DIVISION
ADDENDUM NO. I
MISCELLANEOUS SUB DRAIN IIVIPROVEMENT
CONTRACT 2012
CITY PROJECT NO. -0 1 596
RELEASE DATE:June 1 l,2012
,BID RECEIPT DATE: 1:30 PM,June 21,2012(Delayed one week,per this addendum)
INFORMATION TO BIDDERS:
The Specifications and Contract Documents for the above mentioned project are revised and amended as follows:
I. Please note the following: the Bid Receipt Date has been changed to June 21, 2012 at
'x:30 PM.
This Addendum No. l forms a part of the Contract Documents referenced above and modifies the Original Contract
Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and
acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the
bidder to be rejected as being non-responsive.
RECEIPT ACKNOWLEDGED:
Douglas W. Wiersig, P. .
DIRECTOR, NT OF TRANSPORTATION AND PUBLIC WORKS
By: - Z_
Do Ch ne , P.E.
Enginceri -Manager
Department of Transportation and Public Works/
Storm Water Management
■
SECTION QO OS 15
ADDENDA
CITY OF FORT WORTH
# DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
STORM WATER MANAGEMENT DIVISION
ADDENDUM NO.2
MISCELLANEOUS SUB DRAIN IMPROVEMENTS
�- CONTRACT 2012
CITY PROJECT NO.-01696
� RELEASE DATE: June 15,2012
BID RECEIPT DATE: 1:30 PM, June 21, 2012
INFORMATION TO BIDDERS:
The Specifications and Contract Documents for the above mentioned project are revised and amended as
� follows:
1. Due to the nature of this Contract, there were a number of bid items missing that needed to be included
to make the construction process work more fluidly. Also many of the item quantities have been adjusted
to reflect closer to actual quantifies that may be used. In the Bid Documents Packet, Bid Form Proposal
Workbook, replace the Bid Proposal 00 42 43 with "00 42 43 New Proposal". The original spreadsheet
� has been renamed "DO 42 43 Do Not Use", therefore please do not use it nor include it with the bid
packet. All of the other documents within this workbook to be included in the packet have been updated
to link with the new proposal form.
2. Please replace the following sections as stated:
Section 00 1113 Invitation to Bidders
General Description of Work
Add at the beginning: Work fur this Project will be ordered through Work Orders based on the
availability offunds and in coordination with the successful Bidder's schedule,
r
r
Section oo 21 13 Instructions to Bidders
Add the following definition of Work Order to Sec. 1. 1.2
1.2.4 Work Order: A defined scope of work given to the contractor as designated by the Project
Manager. The scope of work shall provide a specific location, limits, size and nature of the work
,.� in line with the specification provisions and hid items outlined within the contract document and
in accordance with the City's design standards. Work orders will be provided to the contractor
via fax or email by the Project Manager.
Delete Article 8 in its entirety and replace with:
Life oL,theContract; Work orders will be issued to the Contractor, based on the availability of ands
and in coordination with the Contractor's schedule,for Work to be performed under this Contract, up
to 365 calendar days from the effective date of the Notice to Proceed (NTP) or the limit of the City's
allowed expenditure amount, whichever should occur,f arst.
Extension o f Contract: If through the Work Orders, the Contractor has exhausted the allotted funds
prior to the end of the calendar term of the Contract, the City may elect to extend the Contract through
the end of the calendar term (up to a maximum of 25% of the Contract's original value), provided
sufficient funds are appropriated ancllor received and provided Contractor agrees to abide by the same
terms, conditions and unit prices originally bid. The City shall provide Contractor with at least 30
days'written notice of City's intent to extend the Contract.
The Contractor shall complete any Work covered by a Work Order issued prior to the date of
termination but will not be required to accept any Work Order dated after the date of termination.
O #ion to renew: The City has the right to renew this contract for up to two (2) renewals each under
the same terms, conditions, and unit prices as originally bid. The City shall give at least thirty (3D)
days' written notice of City's intent to renew the Contract prior to the expiration of the Contract's Life.
Renewal shall be by written instrument between the Parties.
Section 00 2113 Instructions to Bidders
Add the following language to Article 17
17.9 Total quantities shown in the Bid Proposal may not reflect actual quantities; however, they are
a reasonable estimate of the amount of work in a given year. The quantities provided are for
the purpose of securing fair and competitive bids from Bidders, Award of the Contract shall be
based on the lowest responsible and responsive bidder's bid. A Contract in the amount of
$400,,0 shall be awarded
This Contract is non-exclusive. City reserves the right to award a Contract to more than one qualified
Bidder, provided however, awards are based on lowest responsible and responsive bids. During the
term of this Contract, or any extension or renewal thereof, the City reserves the right to advertise and
award additional Contracts for like or similar work.
Section 00 4100 Bid Form (Proposal Workbook)
Delete Article 4.1 and replace with:
Work Orders will be issued to the Contractor for Work to be performed under this Contract for u p to
365 calendar days following the date of Notice to Proceed (NTP) unless renewed by City and
Contractor
Section 00 4100 Bid Form (Proposal Workbook(coat.))—
Add the following language to Article 6:
6 4 The Work for this Contract shall be issued on a Work Order basis. Bid quantities of the various
items in Section 00 42 43 Bid Proposal are for comparison purposes only in order to fairly award a
Contract and may not reflect the actual quantities issued in Work Orders.
Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured
quantities. No claim will he considered for lost or anticipated profits based upon differences in
estimated quantities versus actual quantities.
4M Section 00 72 00 General Condi
3. Please add and include the following City of Fort Worth Standard Specification sections into the contract
document(see Addenda folder for written specifications):
Specification 0170 00 Mobilization and Remobilization
Specification 32 0117 Permanent Asphalt Pawing Repair
Specification 33 05 10 Utility Trench Excavation,Embedment and Backfill
Specification 330530 Exploratory Excavation for Existing Utilities
Specification 334910 Cast-in-Place Manholes and Junction Boxes
This Addendum No. 2 forms a part of the Contract Documents referenced above and modifies the Original
Contract Documents. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and
acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could
subject the bidder to be rejected as being non-responsive.
RECEIPT NOWLEDGED:
Dou las W. lllliersi •.E.
DIRECTO , EI A ENT OF T NSPORTATION AND PUBLIC WORKS
By'
Df Mc . .
FJi g' eer` g ager
Departure of Transportation and Public Works/
Storm Water Management
■
No
00 52 43-1
Agreement
W Page I of 4
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT authorized on is made b and between the City of Fart
Y tY
4 worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
5 ("City"'), and Woody Contractors, Inc.,authorized to do business in Texas, acting by and through
6 its duly authorized representative,("Contractor").
7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1.WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
11 Project identified herein.
12 Article 2.PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows;
15 Miscerlaneaus Sub Drain Improvements
„ ,�
16 01696
17 Article 3.CONTRACT TIME
18 3.1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
24 Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within t3651 days after the date when the
23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
24 3.3 Liquidated damages
25 Contractor recognizes that time is of the essence of this Agreement and that City will
26 suffer financial loss if the work is not completed within the times specified in Paragraph
27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
28 General Conditions. The Contractor also recognizes the delays, expense and difficulties
29 involved in proving in a legal proceeding the actual loss suffered by the City if the work
,,,,■, 34 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
32 City Three lundreded n l dD Dollars ($3/ LL.00) for each day that expires
33 after the time specified M* Paragraph 3.2 for Final Acceptance until the City issues the
34 Final Letter of Acceptance.
CITY OF FORT WORTH Miscellaneous Sub Drain Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01696
Revised June 4,2012
No
005243-2
Agreement
on Page 2 of 4
35 Article 4.CONTRACT PRICE
36 City agrees to pay Contractor for performance of the work in accordance with the Contract
37 Documents an amount in current funds of FOUR HUNDRED THOUSAND AND N01100
38 DOLLARS($400 000 00)
39 Article 5.CONTRACT DOCUMENTS
40 5.1 CONTENTS:
41 A. The Contract Documents which comprise the entire agreement between City and
42 Contractor concerning the Work consist of the following:
43 1. This Agreement.
44 2. Attachments to this Agreement:
45 a. Bid Form
46 1) Proposal Form
47 2) Vendor Compliance to State Law Non-Resident Bidder
48 3) Prequalif cation Statement
49 4) State and Federal documents(project specific)
50 b. Current Prevailing Wage Rate Table
51 c. Insurance ACORD Form(s)
52 d. Payment Bond
53 e. Performance Bond
54 f. Maintenance Bond
55 g. Power of Attorney for the Bonds
56 h. worker's Compensation Affidavit
57 i. MWBE Commitment Form
58 3. General Conditions.
59 4. Supplementary Conditions.
60 S. Specifications. specifically made a part of the Contract Documents by attachment
61 or, if not attached, as incorporated by reference and described in the Table of
62 Contents of the Project's Contract Documents.
63 6. .Drawings.
64 7. Addenda.
65 8. Documentation submitted by Contractor prior to Notice of Award.
66 9. The following which may be delivered or issued after the Effective Date of the
67 Agreement and, if issued, become an incorporated part of the Contract Documents:
68 a. Notice to Proceed.
69 b. Field Orders.
70 c. Change Orders.
71 d. Letter of Final Acceptance.
72
CITY OF FORT WORTH 1Mliscellamow Sub Drain Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01696
Revised June 4,2012
005243-3
Agreement
Page 3 of 4
73 Article 6. INDEN114HICATION
74 6,1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
75 expense, the city, its officers, servants and employees, from and against any and all
76 claims arising out of, or alleged to arise out of,the work and services to be performed
77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
78 under this contract. This indemnification provision is soecificaliv intended too erate
79 and be-effective even if it is alleged or proven that all or some of the damages being
So sought were caused in whole or in naM_by any act omission or negligence of the ciK.
81 This indemnity provision is intended to include, without limitation, indemnity for
82 costs,expenses and legal fees incurred by the city in defending against such claims and
83 causes of actions.
84
85 6.2 Contractor covenants and agrees to indemnify and hold harmless,at its own expense,
86 the city,its officers,servants and employees,from and against any and all loss,damage
87 or destruction of property of the city,arising out of,or alleged to arise out of,the work
89 and services to be performed by the contractor, its officers, agents, employees,
89 subcontractors, licensees or invitees under this contract. This indemnification
90 provision is sDecificaliv intended to operate and be effective even if it is alleged or
91 Broven that all or some of the dame es bein sou ht were caused in whole or in a
92 by any
ach omission or neligence of the cites.
93
94 Article 7.MISCELLANEOUS
95 7.1 Terms.
96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
97 have the meanings indicated in the General Conditions.
98 7.2 Assignment of Contract.
99 This Agreement, including all of the Contract Documents may not be assigned by the
•• 100 Contractor without the advanced express written consent of the City.
141 7.3 Successors and Assigns.
�• 102 City and Contractor each hinds itself, its partners, successors, assigns and legal
103 representatives to the other party hereto, in respect to all covenants, agreements and
104 obligations contained in the Contract Documents.
105 7.4 Severability.
106 Any provision or part of the Contract Documents held to be unconstitutional, void or
107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
108 remaining provisions shall continue to be valid and binding upon CITY and
109 CONTRACTOR.
•� 110 7.5 Governing Law and Venue.
1]1 This Agreement, including all of the Contract Documents is performable in the State of
112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
113 Northern District of Texas,Fort worth Division.
CITY OF FORT WORTH Miscellaneous Sub Brain Impr+vv6 mnis
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01696
Revised June 4,2012
005243-4
Agreement
Page 4 of 4
114 7.6 Other Provisions.
115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
116 classified, promulgated and set out by the City, a copy of which is attached hereto and
117 made a part hereof the same as if it were copied verbatim herein.
118 7.7 Authority to Sign.
119 Contractor shall attach evidence of authority to sign Agreement, if other than duly
124 authorized signatory of the Contractor.
121
122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
123 counterparts.
124
125 This Agreement is effective as of the last date signed by the Parties("Effective Bate").
126
Contracto : City of Fort worth
B :
Fernando Costa
r
B : Assistant City Mana
(Signa
Date __....�
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OR?�
p Attest: ' oa0a a o er
* Pri ted Name M se �° Q�
C ty ecretary ,.
Seal
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Title:
Ae A& L
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000000000 0 o •47'
Address: 5 ,� � � .�.
M&C zoo �. .�1b '
Date:
-City/State/Zip ]L IkO6 0 Approved as to Form and Legality:
Date Douglas W. Black
Assistant City Attorney
127
128
�. 129 APPROVAL RECOMMENDED:
130
131 `
132
133 Douglas A. Wiersig,P.E.
134 DIRECTOR,
135 Transportation and Public Works Department
136
RM� sub Drain imp rovemnents
CITY�F FORT WORTH OFFICIAL P
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SECRETARY City Project No.0I696
Revised June 4,2012 ���"a WORTH,TUX