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HomeMy WebLinkAboutContract 40605 1 SPECIFICATIONS AND CONTRACT DOCUMENTS CITY SECRETARYLJ., 0 FOR CONTRACT NO. T" 1 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 1 2004 WSM-E J Water Project No.: P253-608170125183 CITY SECRETARY Sewer Project No.: P258-708170125183 DOE NO. 4432 D.G.E. FILE City Project No. 01251 a C ONTRACTOR'S BONDING CO. I� CO�JQ i'(zl.1CTION'S COPY J CLIENT DEPARTMENT FORT WORTH City of Fort Worth,Texas 2010 Dale A.Fisseler,PE Mike Moncrief City Manager Mayor William A. Verkest, PE S. Frank Crumb,PE Director of Director Transportation and Public Works Water Department -1 OFFICIAL RECORD J CITY SECRETARY ��titi�unt CNPf '� T fist Prepared By: 3RM,TX r ;s ll BROWN CARLJ.KROGNESS r 108 West 8`' Street, Suite 200 A s' 91 ss9 /0. Fort Worth,Texas 76102 ,.35 I PJ90 s�i� oo`���'.r & GAY -26-10 P1 � Ott $/ONAL0' ENGINEERS, �. hmt����~ J 21 of solo Brown&Gay Engineers,Inc. F-1 046 Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/15/2010 - Ord. No. 19189-06-2010 DATE: Tuesday, June 15, 2010 REFERENCE NO.: C-24276 LOG NAME: 6004WSME-LAUGHLEY SUBJECT: Authorize a Contract in the Amount of$1,405,589.00 with Laughley Bridge &Construction, Inc., for Water and Sanitary Sewer Replacement Contract 2004, WSM-E on Oakland Boulevard, Scenery Hill Road, Scenery Hill Court, Menzer Street and Menzer Court and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$1,517,041.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount$1,056,111.10 and Sewer Capital Projects Fund in the amount of $460,929.90; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$1,056,111.10 and Sewer Capital Projects Fund in the amount of$460,929.90 from available funds; and 3. Authorize the City Manager to execute a contract in the amount of$1,405,589.00 with Laughley Bridge & Construction, Inc., for Water and Sanitary Sewer Replacement Contract 2004, WSM-E. DISCUSSION: On February 24, 2009, (M&C C-23369)the City Council authorized the City Manager to execute an Engineering Agreement with Brown &Gay, Inc., for Water and Sanitary Sewer Replacement Contract 2004, WSM-E. This project consists of water and sanitary sewer main replacements on the following streets: Street From To Oakland Boulevard Service Road Meadowbrook Drive Scenery Hill Road Menzer Street Barnett Street Scenery Hill Court Scenery Hill Road Dead End Menzer Street Scenery Hill Road Menzer Court Menzer Court Menzer Street Dead End This project was advertised for bid on February 4, 2010 and February 11, 2010, in the Fort Worth Star- Telegram. On March 25, 2010, the following bids were received: Bidder Amount Time of Completion *RKM Utility Services $1,273,661.00 230 Calendar Days *MACVAL Associates, LLC $1,311,585.50 Laughley Bridge& Construction, Inc. $1,405 ,589.00 Conatser Construction TX, LP $1,466,275.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=13419&print=true&DocType=Print 7/1/2010 Page 2 of 3 Utilitex Construction, LLP $1,557,381.10 ME Burns Construction, Inc. $1,566,298.00 Cleburne Utility Construction, Inc. $1,601,127.00 William J. Schultz, Inc., $1,610,528.00 d/b/a Circle "C" Construction Company Burnsco Construction, Inc. $1,622,967.50 SHUC, Inc. $1,667,134.95 Tri-Tech Construction, Inc. $1,685,633.00 Jackson Construction $1,737,438.00 Barson Utilities $2,085,471.40 *RKM Utility Services, Inc., and MACVAL Associates, LLC have been determined by staff to be non- responsive to the contract specifications due to failure to comply with their prequalification pipe size restriction of 12 inches in diameter and smaller for water and/or sanitary sewer main installation. This project includes 16 inch water main installation. M/WBE - Laughley Bridge& Construction, Inc., is in compliance with the City's M/WBE ordinance by committing to 12 percent M/WBE participation. The City's goal on this project is 12 percent. In addition to the contract cost$61,000.00 (Water: $35,000.00; Sewer: $26,000.00) is required for construction staking, project management, material testing and inspection and $50,452.00 (Water; $29,741.00; Sewer: $20,711.00) is provided for project contingencies. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1&2)P253 476045 6081701251ZZ $1.056.111.10 1) PE45 538040 0609020 $1.056.111.10 1&2) P258 476045 7081701251 ZZ $460.929.90 1) PE454 538040 0709020 $460.929.90 2) P253 531350 608170125152 $7,000.00 2) P253 541200 602170125183 $991.370.00 2)P253 511010 608170125180 $4,000.00 2)P258 541200 708170125183 $414.219.00 2) P253 541200 608170125183 $1.021.111.10 2) P253 531200 608170125184 $7,000.00 2) P253 531350 608170125184 $2,000.00 2) P253 531350 608170125185 $15.000.00 2) P258 531350 708170125152 $5,000.00 2)P258 511010 708170125180 $5,000.00 2) P258 541200 708170125183 $434.929.90 2) P258 531200 708170125184 $5,000.00 2)P258 531350 708170125184 $1,000.00 2) P258 531350 708170125185 $10.000.00 CERTIFICATIONS: Submitted for City Manager's Office y• Fernando Costa (6122) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13419&print=true&DocType=Print 7/1/2010 Page 3 of 3 Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Roberto C. Sauceda (2387) ATTACHMENTS 1. 6004WSME LAUGHLEY MAP REVISED.pdf (Public) 2. 6004WSME-LAUGHLEY AO.doc (Public) 3. 6004WSME-LAUGHLEY COMPLIANCE.pdf (CFW Internal) 4. 6004WSME-Laughley Sewer FAR pdf (CFW Internal) 5. 6004WSME-Laughley Water FAR.pdf (CFW Internal) 6. Accounting Info.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13419&print=true&DocType=Print 7/1/2010 CITY OF FORT WORTH,TEXAS ICONTRACT THE STATE OF TEXAS IKNOW ALL BY THESE PRESENTS COUNTY OF TARRANT IThis Contract made and entered into this the day dAiN�TA,# ., 2010, by and between the CITY OF FORT WORTH,a home-rule municipal corporation situated in Tarrant, Denton,Parker,and I Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and Laughley Bridge & Construction. Inc. Owner and Contractor may be referred to herein individally as a "Party"or collectively as the"Parties." IWITNESSETH: That said parties have agreed as follows: 1. IThat for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Water and Sanitary Sewer Replacements Contract 2004 WSM-E That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in I accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a Ipart of this contract the same as if written herein. 3. IThe Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Water(Engineering) of I the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 Calender days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter Mco- me due iim, t e OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX sum of $420.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency 5. I Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 IContractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of,the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. I In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b) I provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7 The Contractor agrees, upon the execution of this Contractor, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas Government Code, as Amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. F- m-----°--° OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX i B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of the claimants supplying labor and material in the prosecution of the work. IC If the Contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the I Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract IDocuments. 8. I The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding)alternates n/a, shall be ONE MILLION FOUR HUNDRED FIVE THOUSAND FIVE HUNDRED EIGHTY NINE DOLLARS AND NO CENTS ($1,405,589.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be I sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Engineering Department. 10. I The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto Iand made a part hereof the same as if it were copied verbatim herein. I 11. I It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor Iagrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 Icounterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. OFFICIAL REC O CIS'SECRETARY 1 FT. WVORTFI,TX Done in Fort Worth, Texas,this the day of .A.D.,2010 REC DED: CITY OF FORT WORTH BY: DIRECTOR, DEPARTMENT OF IWATER FERNANDO COSTA, ASST CITY MANAGER Conriact Authorizatioa I1 ATTEST: Late I I , CONTRACTOR I CITY SECRETARY I (S E A L) A;>to�Oj 0000000 a A I BY: p�:oo00d *0 ova I ��S►.�t a�j_ - o 0 TITLE �� ` XQS �.d l2 3 ao APPROVED AS TO FORM AND 300 LEGALITY: ADDRESS C6t/ ASSt.r ATTORNEY OFFICIAL RECOR�� CITY SECRR=TAW" E FT WORTH,T)(_