HomeMy WebLinkAboutContract 41552 THIS COPY IS FOR: --�
CONTRACTOR
THE CITY OF FORT WORTH, TE� CONTRACTOR'S BONDING CO.
C CITY SECRETARY
SPONSORING DEPT
Install Replacment Chillers PROJECT MANAGER
Fort Worth Convention Centef—TPW FILE COPY
TPW2010-15
C
FoRT WORTH CITY SECRETARY
CONTRACT NO.
O
MIKE MONCRIEF THOMAS HIGGINS
CMAYOR INTERIM CITY MANAGER
Greg Simmons PE Acting De
rector
Transportation & Public Works Department
Kirk Slaughter
Director, Public Events Department
Summit Consultants, Inc.
�- Johnson Controls Inc. (TXMAS)
February 2011 OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
L
Install Replacement Chillers at FWCC(Feb 2011) Page 1 of 23
LJohnson Controls,Inc.(TXMAS)
CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 15th day of February A.D., 2011, by and
between the CITY OF FORT WORTH, a municipal corporation of Tarrant County,
Texas, organized and existing under and by virtue of a special charter adopted by the
qualified voters within said City on the 11th day of December, A.D. 1924, under the
authority (vested in said voters by the "Home Rule" provision) of the Constitution of
Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city, hereinafter called OWNER, and Johnson Controls, Inc. of the City
of Fort Worth, County of Tarrant, State of Texas, hereinafter called CONTRACTOR.
WITNESSETH: That 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:
Install Replacement Chillers
Fort Worth Convention Center
1100 Commerce Street
Fort Worth, Texas
TPW Project No. 2010-15
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 accordance with the Plans and Specifications and Contract
Documents adopted by the City Council of the City of Fort Worth, which Plans and
Specifications and Contract Documents are hereto attached and made a part of this
contract the same as if written herein.
The 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 Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of
the aforesaid work, and for stated 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 shall be $658,066.00 and includes the Base
Proposal ($610,401.00); Add Alternate to Remove DX Chillers ($45,611.00); and Add
for Payment and Performance Bonds ( 2 05 .-- Contiactui rees to complete the
Install Replacement Chillers at FWCC(Feb 2011) OFFICIAL RECORD Page 12 of 23
Johnson Controls,Inc. (TXMAS) CITY 5t'C RETARY I
FT y ® H y
�G���91■�11TY'79 �A
project, suitable for occupancy and beneficial use, within 170 calendar days.
Attachments "A" through "D" are attached hereto and made a part of this
construction contract.
Insurance Requirements:
The Contractor shall not commence work under this contract until it has obtained
all insurance required under the Contract Documents, and such insurance has
been approved by the Owner. The Contractor shall be responsible for delivering
to the Owner the sub-contractors' certificates of insurance for approval. The
Contractor shall indicate on its certificate of insurance included in the documents
for execution whether or not its insurance covers subcontractors. It is the
intention of the Owner that the insurance coverage required herein shall include
the coverage of all subcontractors
a. WORKER'S COMPENSATION INSURANCE:
• Statutory limits
• Employer's liability
• $100,000 disease each employee
• $500,000 disease policy limit
• $100,000 each accident
b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall
procure and shall maintain during the life of this contract public liability insurance
coverage in the form of a Commercial General Liability insurance policy to cover
bodily injury, including death, and property damage at the following limits:
$1,000,000 each occurrence and $2,000,000 aggregate limit.
• The insurance shall be provided on a project specific basis and shall
1 •
be endorsed accordingly.
• The insurance shall include, but not be limited to, contingent liability for
independent contractors, XCU coverage, and contractual liability.
c: BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident
• The policy shall cover any auto used in the course of the pro_ject
d: BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks
associated with the project and commensurate with the contractual
obligations specified in the contr t ocumen s.
OFFICIAL RECORD
Install Replacement Chillers at FWCC(Feb 2011) CITY SECRETARY Page 13 of 23
Johnson Controls,Inc.(TXMAS) T WORTH, Tx
e. EXCESS LIABILITY UMBRELLA
• $1,000,000 each occurrence; $2,000,000 aggregate limit.
• This insurance shall provide excess coverage over each line of liability
insurance required herein. The policy shall follow the form(s) of the
underlying policies.
f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance
required under the above paragraphs shall provide adequate protection for the
Contractor and its subcontractors, respectively, against damage claims which
may arise from operations under this contract, whether such operations be by
the insured or by anyone directly or indirectly employed by it, against any
insurable hazards which may be encountered in the performance of the P
Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish
the owner with satisfactory proof of coverage by insurance required in these
Contract Documents in the amounts and by insurance carriers satisfactory to the
Owner. The form to be used shall be the current Accord certificate of insurance
form or such other form as the Owner may in its sole discretion deem
acceptable. All insurance requirements made upon the Contractor shall apply to
the sub-contractors, should the Contractor's insurance not cover the
subcontractor's work operations performed in the course of this contracted
project.
ADDITIONAL INSURANCE REQUIREMENTS:
a. The Owner, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employer's
liability insurance coverage under Contractor's workers' compensation insurance
policy.
b. Certificates of insurance shall be delivered to the City of Fort Worth, '
contract administrator in the respective department as specified in the bid
documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to
commencement of work on the contracted project.
C. Any failure on part of the Owner to request required insurance
documentation shall not constitute a waiver of the insurance requirements
specified herein.
d. Each insurance policy shall be endorsed to provide the Owner a minimum
thirty days notice of cancellation, non-renewal, and/or material change in policy
terms or coverage. A ten days notice shall be acceptable in the event of non-
payment of premium. , ---- --- °°---�
OFFICIAL, RECOR01
Install Replacement Chillers at FWCC(Feb 2011) � CITY SEORE1:4;Ry 1�age 14 of 23
Johnson Controls,Inc. (TXMAS) r"T WORTH, TX
e. Insurers must be authorized to do business in the State of Texas and
have a current A.M. Best rating of A:VII or equivalent measure of financial
strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not
exceed $10,000. per occurrence unless otherwise approved by the Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage
or risk treatment measures through insurance pools or risk retention groups. The
Owner must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed
,on the project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the Owner.
t i. Owner shall not be responsible for the direct payment of insurance
premium costs for contractor's insurance.
t j. Contractor's insurance policies shall each be endorsed to provide that
such insurance is primary protection and any self-funded or commercial
coverage maintained by Owner shall not be called upon to contribute to loss
recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to
Owner's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
I. Contractor't "liability .shall not be limited to the specified amounts of
insurance required herein.
M. Upon the request of Owner, Contractor shall provide complete copies of
tall insurance policies required by these contract documents.
If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in
the full amount of the contract. If the contract is in excess of$100,000 Contractor shall
provide both Payment and Performance Bonds for the full amount of the contract.
Contractor shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Permit fees are waived. Separate permits
will be required for each facility.
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 become due him, the liquidated damages
outlined in the General Conditions, not as a w^°^��+�� n�,t a� liquidated damages, the
Contractor and his Surety shall be liable to the�I GIRL oN iency.
Install Replacement Chillers at FWCC (Feb 2011) CITY SECRETARY ; Page 15 of 23
Johnson Controls,Inc. (TXMAS) FT. WORTH, TX
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be
signed in four counterparts 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 six
counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the day of WLLS.L= A.D., 2011.
I
JOHNSON CONTROLS, INC. APPROVED:
CITY OF FORT WORTH
�i
By: By:
David L. Reid Femando Costa I
Service Branch Manager Assistant City Manager
APPROV L RECOMMENDED: REC RDED:
By: By: '
CM Greg 14o?ns, E, Acting Director Marty Hendrix Tranon and Public Works Department City Secretary '
APPROVED O FORM AND LEGALITY: M&C C-24734 (February 15, 2011)
Contract Authorization
By:
Douglas W. Black
Assistant City Attorney lip.
c°
p �a 4 Nt#�
A h•o +�l
vg
YA 4pV00A�Q 40
1
1
OFFICIAL RECORD
CITY SECRETARY '
FT. WORTH; TX
Install Replacement Chillers at FWCC(Feb 2011) Page 16 of 23
Johnson Controls,Inc. (TXMAS)
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/15/2011 - Ordinance No. 19551-02-2011
F DATE: Tuesday, February 15,2011 REFERENCE NO.: **C-24734
LOG NAME: 25JCICHILLERINSTALL
SUBJECT:
Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in
the Amount of$715,500.00 and Decreasing the Unaudited, Unreserved, Unreserved Culture and
Tourism Fund Balance by the Same Amount and Authorize Execution of a Contract with Johnson
C Controls, Inc., to Install Two Replacement Chillers at the Fort Worth Convention Center(COUNCIL
DISTRICT 9)
Eli
RECOMMENDATION.
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and
Tourism Fund by$715,500.00 and decreasing the unaudited, unreserved, undesignated fund balance by
Cthe same amount; and
2. Authorize a contract with Johnson Controls, Inc. in the amount of$658,066.00 plus $57,434.00 in
contingency and staff costs using a Texas Multiple Award Schedule(TXMAS) Contract Number TXMAS-
[ 6-840160 to install two replacement chillers and related equipment at the Fort Worth Convention Center.
DISCUSSION:
On December 14, 2010, (M&C P-11186)the City Council authorized the purchase of two chillers for the
Fort Worth Convention Center from Johnson Controls, Inc. using a Texas Multiple Award Schedule
contract for the Public Events Department in the total amount of$437,993.00. A design contract was
executed and a purchase order was issued in the amount of$12,500.00 to develop the specifications to
replace the two chillers and related equipment at the Fort Worth Convention Center(Purchase Order 11-
00062741). This Agreement covers the installation of this equipment. The equipment purchase was
made prior to completion of the contract for installation in order to ensure delivery before the hot weather
season. Replacement of the chillers is necessary due to normal wear and tear of providing air
Cconditioning comfort to the clients at the many events scheduled at the Fort Worth Convention Center.
PRICE ANALYSIS —The vendor prices were obtained using a Texas Multiple Award Schedule
f Cooperative Contract Number TXMAS-6-840160. Staff reviewed the pricing from the three vendors and
recommended Johnson Controls, Inc. as providing the best value.
LThe overall project cost is expected to be:
Purchase of two chillers (M&C P-11186) $ 437,993.00
f Design (PO No. 1100062741) $ 12,500.00
l Construction - chiller installation $ 658,066.00
Contingency, Staff $ 57.434.00
Total $1,165,993.00
�^ M/WBE—A waiver for the goal for M/WBE subcontracting requirements w
as requested by the Public
Events Department and approved by the M/WBE Office because the purchase of goods and services is
from sources where subcontracting or supplier opportunities are negligible.
COOPERATIVE PURCHASE —State Law provides that a local government purchasing an item under a
cooperative purchasing agreement satisfies State laws requiring that the local government seek
competitive bids for purchase of the item. TXMAS was established by the State of Texas to provide a list
of approved contracts that have been competitively bid and awarded by Federal, State, or Local
r Government entities to increase and simplify the purchasing power of governmental entities across the
State of Texas.
The project is physically located in COUNCIL DISTRICT 9 but.will serve Fort Worth residents in ALL
COUNCIL DISTRICTS.
FISCAL.INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation
and adoption of the attached supplemental appropriation ordinance, funds will be available in the current
capital budget, as appropriated, of the Culture and Tourism Fund. Upon approval, the unaudited,
(W, unreserved, undesignated fund balance of the Culture and Tourism Fund will exceed the minimum reserve
as outlined in the Financial Management Policy Statements.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CJ GG04 539120 0246000 $715.500.00 GG04 539120 0246000 $715.500.00
GG04 539120 0246000 $658.066.00
CERTIFICATIONS:
Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: James Horner (2505)
CATTACHMENTS
1. 25JCICHILLERINSTALL AO.doc (Public)
2. Culture &Tourism Fund Balance.xls (CFW Internal)
3. GG04 5ZZZZZ 0246000 GG04 5ZZZZZ 02460ZZ.doc (CFW Internal)
4. MWBE Waiver Chiller.pdf (CFW Internal)
C
L
I