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HomeMy WebLinkAboutContract 42443 CITY SECRETARY�a 00 52 43 -1 C^,,.�,A CT Ate. Agreement Vry 1�l� Iw Page 1 of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, is made by and between: The City of Forth Worth, a Texas home rule municipality acting by and through its duly authorized City Manager,("Ci . "), and Mario Sinacola& Sons Excavation, Inc. a corporation authorized to do business in Texas, acting by and through its duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall remove fill material from site located at the dead-end of Terrace St. (above and behind St. Demetrios Greek Orthodox Church; 2020 Northwest 21st Street Fort Worth, TX 76164-7708). Article 2.PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Remediation of 2004 CIP Project Robin Denver Storm Drain Reconstruction DOE: 4895• City Project No. 00086 Article 3. CONTRACT TIME 3.1 Time is of the essence. Contractor recognizes that time is of the essence,and it will deploy all the necessary equipment and man power to address the Work defined in Article 1. Even though there is not an assigned Contract Time,the City expects the Contractor to have a sense of urgency to complete the Work in a timely manner. Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Work based on Truck Count and not to exceed in current funds of Three Hundred and Fourteen Thousand Dollars($314,000.00) Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Exhibits to this Agreement: a. Proposal b. Current Prevailing Wage Rate Table c. Insurance Accord Form(s) d. Payment Bond OFFICIAL RECORD e. Power of Attorney for the Bonds CITY SECRETARY f. Worker's Compensation Affidavit 3. General Conditions. FT. WORTH, TX CITY OF FORT WORTH 2004 C IP Project Robin Denver Storm Dram Reconstruction STANDARD CONSTRUCTION SPFCIFICATION DOCUMFNI;S DOF,:4895,CityProte(i,Vo. 00086 Revised July 1,2011 10-12-1 1 P03 33 IN 005243 -2 Agreement Page 2 of 4 4. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend,at its own expense,the city,its officers,servants and employees,from and against any and all claims arising out of,or alleged to arise out of,the work and services to be performed by the Contractor,its officers,agents,employees,subcontractors,licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused,in whole or in part, by any act,omission or ne2li2ence of the City. This indemnity provision is intended to include,without limitation,indemnity for costs,expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless,at its own expense, the city,its officers,servants and employees, from and against any and all loss,damage or destruction of property of the city,arising out of,or alleged to arise out of,the work and services to be performed by the Contractor,its officers,agents,employees, subcontractors,licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused,in whole or in part, by any act,omission or neizligence of the City. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. CITY OF PORT WOR IT 1 2004 C IP Project Robin l)enver S7orm bruin Reconstruction STANDARD CONS TRt C1 ION SPECIFICATION DOCJ iM[IN I S DOE_ 4895.Cin Pro_jert NO 00086 Revised July 1,2011 00 52 43 -3 Agreement Page 3 of 4 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas.Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Other Provisions. The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. SIGNATURE PAGE TO FOLLOW CITY OF FOR I "'OR I'll 2004('11'Project Robin 1)enver Storm Drain Re(onstrucNon STANDARD CONSTRUCTION SITCI1:K'A I ION DOCUh1FN IS 00E. 4895.City y Project No. 00086 Revised July I,201 1 00 52 43 -4 Agreement Page 4 of 4 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least one counterpart each has been delivered to City and Contractor. This Agreement will be effective on 00Vk22.r fj , 2011 (which is the Effective Date of the Agreement). City of Fort Worth Con a MariASinacA& Sons Excavatin ,Inc. By: 1�4rj Fernando Costa Assistant City Manager (Signature) M&C 4/�t4 - i vly y y,�, d Gc .T lL 9 Joseph P. Sinacola Date t I (Printed Name) W�gkvv Title: Vice President Attest: City Secretkry Address: 10950 Research Road Frisco, Texas 75033 (Seal) XY ®�°°°°°°° O° City/State/Zip: ove s to Form and Legali +$ Q A z P *o as W. lack °.00000°°° �a Assistant City Attorney A G� :COMMENDED:c). u Dou las . Wiersi g g DIRECTOR,TRANSPORTATION/PUBLIC WORKS DEPARTMENT 1000 Throckmorton, Fort Worth, TX-76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2004 CIP Project Robin Denver Storm Orain Reconstruction STANDARD CONSTRUCTION SPECIFICATION DOCUMENT S DOE:4895:City Project No. 00086 Revised July I,2011 MARIO INACOLA & ONS EXCAVATING, INC. September 22, 2011 City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 ATTENTION: Mr. Michael Hasler GENTLEMEN: We propose to furnish all labor, materials and equipment necessary to construct the following described work: PROJECT: Robin-Denver Removal Project LOCATION: Fort Worth, Texas CLEAN-UP Item Description Quantity Unit Unit Bid 1 Mobilization/Demobilization Per Piece 1.00 EA 1,800.00 of Equipment 2 Caterpillar 330 Excavator 1.00 HR 270.00 3 Export Material to C & B Landfill 1.00 LD 105.00 4 Export Material to Kennard Pit 1.00 LD 95.00 5 Traffic Control 1.00 DAY 200.00 6 Street Sweeping 1.00 DAY 350.00 7 Foreman w/Pick-Up 1.00 HR 83.00 CLEAN-UP TOTAL Printed:9/23/2011 2011-251;092211;Robin-Denver Removal Project.xls-Prop Page:1 of 2 UTILITIES - PAVING - EXCAVATING - STRUCTURES 10950 RESEARCH ROAD - FRISCO,TEXAS 75033 (214)387-3900 - ESTIMATING FAX (214)387-3940 - FINANCE FAX (214)387-3950 F MA- RIO SINACOLA & SONS EXCAVATING,INC. QUALIFICATIONS: — All work on this proposal will be performed with one move-in at one time No bonds included (if required a bond cost will be based on final billing amount) — This proposal is based on a combination of unit prices and time and material rates to remove the material dumped on the slopes — Please see attached time and material rate sheet for any other equipment that may be required — Dump fees are included with the export price to the Kennard Pit Because dump fees fees for C & B Landfill will be invoiced at cost plus 10% (cost per load to C & B Landfill excludes the cost of dump fees)(tickets will be provided) No hazardous material removal — No landscape, irrigation, electrical adjustments or repairs — No maintenance, installation or removal of erosion control devices — No permits, impact fees or fees of any kind Final billing to be based on total equipment hours, number of loads, C & B dump fees plus 10%, and any other costs required to complete the clean-up No respreading of topsoil, sod, or seeding — No sales tax on incorporated materials — No surveying — No building demolition or haul-off — We have quoted this project on a unit price basis, any work not specifically quoted or qualified is excluded Should you have any questions, or need clarification regarding this proposal, please feel free to contact this office. Sincerely, MARIO SINACOLA & SONS EXCAVATING, INC. Charles Adams, P.E. Vice President Printed:9/23/2011 2011-251;092211;Robin-Denver Removal ProjectAs-Prop Page:2 of 2 I MARIO SINACOLA & SONS, EXCAVATING, INC I WII EQUIPMENT RATES 2011 DESCRIPTION OF EQUIPMENT(includes operator) UM Hourly Rate DOZERS DEERE 450 DOZER HR $ 102.00 DEERE 850 DOZER HR $ 186.00 CAT D8 DOZER HR $ 297.00 CAT D10 DOZER HR $ 548.00 SCRAPERS CAT 623 SELF-ELEVATING SCRAPER HR $ 378.00 WHEEL LOADERS CAT 938 WHEEL LOADER HR $ 133.00 CAT 950 WHEEL LOADER HR $ 160.00 CAT 972 WHEEL LOADER HR $ 220.00 CAT 980 WHEEL LOADER HR $ 229.00 TRACKLOADER CAT 963 TRACK LOADER HR $ 181.00 EXCAVATORS CAT 325 EXCAVATOR HR $ 200.00 CAT 330 EXCAVATOR HR $ 270.00 CAT 345 EXCAVATOR HR $ 302.00 CAT 365 EXCAVATOR HR $ 393.00 CAT 385 EXCAVATOR HR $ 483.00 ATTACH M ENTS(ALL,GRAPPLE,HAMMER,ETC) I HR $ 55.00 MOTOR GRADERS CAT 160 MOTOR GRADER/140 MOTOR GRADER HR $ 179.00 CAT 14 MOTOR GRADER HR $ 192.00 COMPACTORS CAT PS150 PNEUMATIC COMPACTOR HR $ 91.00 CAT CP433 COMPACTOR HR $ 108.00 CAT CP563 COMPACTOR HR $ 129.00 CAT 815 COMPACTOR HR $ 194.00 OFF-ROAD DUMP TRUCKS CAT 740(35-40 TON)ARTICULATED DUMP TRUCK I HR $ 268.00 OFF-ROAD WATER EQUIPMENT CAT 613 5,000 GAL WATER WAGON HR $ 190.00 CAT D250 6X6 5,000 GAL ARTICULATED WATER TRUCK HR $ 190.00 CAT D350 6X6 6,000 GAL ARTICULATED WATER TRUCK HR $ 251.00 CAT 623 8,000 GAL WATER WAGON HR $ 331.00 4,000 GAL ON-ROAD WATER TRUCK HR $ 99.00 10,000- 15,000 GAL WATER TOWER(does not include operator) HR $ 22.00 1 DESCRIPTION OF EQUIPMENT(includes operator) UM Hourly Rate MISCELLANEOUS CAT RUBBER TIRED LOADER BACKHOE HR $ 85.00 CAT RUBBER TIRED LOADER BOX BLADE HR $ 85.00 TREE CHIPPER HR $ 550.00 MOBILIZATION-PER PIECE OF EQUIP(under 100,000 Ibs) EACH $ 1,800.00 MOBILIZATION-PER PIECE OF EQUIP WITH ESCORT(over 100,000 Ibs) EACH $ 3,600.00 PUMP WITH 20'SUCTION/50' DISCHARGE HR $ 60.00 additional hose sections extra GPS ATTACHEMENT(ADDITIONAL CHARGE TO RATE FOR SPECIFIC EQUIPMENT) HR $ 60.00 ON-ROAD TRUCKS (includes driver) BELLY DUMP HR $ 94.00 DUMPTRAILER HR $ 88.00 TANDEM DUMP TRUCK HR $ 72.00 DEMO TRAILER HR $ 99.00 MULCH TRAILER HR $ 165.00 LABOR SUPERINTENDENT WITH VEHICLE HR $ 138.00 FOREMAN WITH VEHICLE HR $ 83.00 LABORER(ALL TYPES) HR $ 22.00 GRADE CHECKER WITH LASER HR $ 55.00 SURVEY CREW WITH EQUIPMENT HR $ 192.00 OPERATOR HR $ 28.00 NOTES 1)All equipment,trucks and labor shall have a 5 hour minumum charge per day if required at the site 2)Any Equipment Haul Truck standby time will be charged at$150.00 per hour 3)AII rates include operator,fuel and maintenance 4)The above hourly rates shall be incrased by 20%when equipment is working in rock conditions,e.g.ripping,rock excavation, etc. 5)Equipment used on site,but not noted on this rate sheet,shall be charged at a comparable rate equal to a like piece of equipment as noted above or at a revised rate as determined by the Equipment Manager. 6)Rates are based on a 10 hour work day,Monday through Friday,Overtime for weekday work days in excess of 10 hours,or all day on Saturdays and Sundays shall be 10%in addition to the above noted rates. 7)Any equipment not currently on the site and requested shall be charged the appropriate mobilization charge to the site. 8)Rates are calculated based upon a fuel price up to$3.00 per gallon. If fuel escalates above this mark,rates will be adjusted. The above rates are subject to change at any time. MSSEI will advise owner of such adjustments and the adjusted rates will apply from that point forward. 2 OP ID: KM A�O�RO" CERTIFICATE OF LIABILITY INSURANCE F DAT 09/21/A'YYY) 09121111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 248-642-5900 NAME: Emerson-Prew,Inc. 248-642-2310 PHONE FAX 30600 Telegrapph,Suite 3110 A/c No Ext: A/C No: Birmingham,M148025 EMAIL Edward Brodzik ADDRESS: PRODUCER SINAC-1 CUSTOMER ID* INSURER(S)AFFORDING COVERAGE NAIC# INSURED Mario Sinacola Sr Sons INSURER A:Travelers Prop.Cas.Co of Am. 25674 Excavating,Inc. INSURER B:Charter Oak Fire Insurance Co. 25615 10950 Research Road INSURER C:American Guarantee&Liability 26247 Frisco,TX 75033 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY M/DDNYYY MM DDNYYY LIMITS-Ma LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X C0131 J7789 09/05111 09105!12 PREMISES Ea occurrence $ 100,00 CLAIMS-MADE FX_1 OCCUR MED EXP(Any one person) $ 5,00( X Contractual&Job PERSONAL&ADV INJURY $ 1,000,00 X Site Pollution GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGO $ 2,000,00 POLICY X PRO-- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ •1,000 00 (Ea accident) B X ANYAUTO 81029OD7484 09/05/11 09105/12 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTO S (Per accident) X NON-OWNEDAUTOS $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 25,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,00 C UC508721407 09105/11 09/05N2 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS R ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Proj: Robin-Denver Drainage Project. City of Fort Worth, Its officers 8r employees are named as additional Insureds and the general liability policy Includes a waiver of subrogation. Policies Include a 30 day written notice of cancellation. CERTIFICATE HOLDER CANCELLATION FORTW-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE W 2G1i3�. O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE 2/28/2012 2/za/zolz 1 9/20/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES LLC-N DALLAS CONTACT 717 N.HARWOOD,L507 PHONE Fqx DALLAS TX 75201 A/c No Ext: ac No 214-969-6700 E-MAIL IN-RI IRERISI AFFORDING COVERAGE INSURER A: Liberty Mutual Insurance Company 23043 INSURED Mario Sinacola&Sons Excavating,Inc. INSURER B: 1333467 10950 Research Road INSURER C Frisco TX 75034 INSURER D: INSURER F coyERAGEsMARS101* JA CERTIFICATE NUMBER: 1143856R REVISION NUMBERm XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMBS GENERAL LIABILITY EACH OCC RRENCE $ XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE DAMA E TO RENTED XXXXXXX CLAIMS-MADE O OCCUR WED EXP(Any one rson XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX ENERALA GGREGATE XXXXXXX 'LAGGR ELIMIT AEPLLFS PER: RODUCTS-COMP/OPAGG $ XXXXXXX PRO- $ AUTOMOBILE LIABILITY OMBINED SINGLE NGLE LIMIT XXXXXXX ANY AUTO NOT APPLICABLE BODILY INJURY(Per person) $ XXXXXXX ALL SCHEDULED XXXXXXX ALT S S AUTOS ODILY INJURY(Per accident$ HIREDAUTOS NON-OWNED PROPERTY DAMAGE $ XXXXXXX $ UMBRELLA UAB HLAIMS-MADE CCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB NOT APPLICABLE GGREGATE $ XXXXXXX DED I I RETENTION$ $ A WORKERS COMPENSATION Y WC5Z91440789011 2/28/2011 2/28/2012 X WC STAT TH- AND EMPLOYERS'LIABILITY / ANY PROPRIETORIPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N 1 O Ues,rtory in NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 DESCRIPTION under OF OPERATIONS below 1,000,000 -POLICY LIMIT 1, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/(Attach ACORD 101,Additional Remarks Schedule,if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. A waiver of subrogation in favor of certificate holder is included as required by written contract.RE:Grading Improvements. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11438568 AUTHORIZED REPRESENTATIVE City Of Fort Worth 1000 Throckmorton Fort Worth TX 76102 ACORD 25(2010105) ©1988-2010 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): ity Of Fort Worth 1000 Throckmorton 30 Fort Worth, Texas 76102 All other terms and conditions of this policy remain unchanged. Miscellaneous Attachment:M468366 Certificate ID: 11438568 -INFORMAL REPORT TO CITY COUNCIL MEMBERS o. To the Mayor and Members of the City Council October 4, 2011 Page 1 of 1 r r�Ts SUBJECT: EMERGENCY PROCUREMENT— ROBIN DENVER PROJECT The purpose of this Informal Report is to notify City Council that City staff has initiated an emergency procurement to mitigate a dangerous situation created by a contractor working on a City stormwater capital project. A ratification M&C on this action will be presented to City Council in the near future. On August 25, 2011 the City's Code Compliance Department received a call from the St. Demetrios Greek Orthodox Church (the Church) located at 2020 NW 21 st St. (CD 2) reporting that large pieces of concrete had rolled down the hillside at the rear of their property and into their parking lot. The responding Code officer determined that the material was from an improper dump site behind three residences on Terrace Avenue, uphill from the Church. Based upon discussion with the owners of two of the residential properties it was determined that the fill was being placed on their property, with their consent, by Laughley Bridge and Construction Inc. Contractors (Laughley). Laughley is the prime contractor for a City of Fort Worth stormwater capital project in the near vicinity of the improper fill site. It is believed at this time that much of the material placed behind these residences is spoil material from the nearby stormwater project. City staff has taken the following actions: ordered Laughley to cease and desist from the dumping activity; notified Laughley's surety and demanded immediate action to remove the fill; engaged a geo-technical engineer to evaluate the site; and placed concrete barriers at the toe of the slope to protect the Church property. Based on the report of the geo-technical engineer the City determined that the fill presented an urgent risk to health and safety and, so, action to remove the fill needed to be initiated as quickly as possible. Neither Laughley nor their surety presented a plan for removal of the fill, therefore, City staff engaged Mario Sinacola Bros. contractors (Sinacola) to remove the fill and notified Laughley's surety that the City was taking action to mitigate the health and safety issue and would be demanding remuneration for all costs associated with this work through Laughley and/or their surety. The fill removal activity is currently underway and is expected to be completed in mid-late October. Staff is working with Sinacola to establish the final terms of the effort. Once those terms are finalized an M&C will be developed and presented to City Council recommending ratification of the emergency procurement action. Questions on this matter can be directed to Greg Simmons, Assistant Director, TPW at X7862. Tom Higgi Interim City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS M&C Review Page I of 2 Off d al siLe c:f I:Ihe:d.:11.y¢rl 6'¢:ro`°I:"uu`cn 1,11h, re:xpb,s F0 PpA0 R'f COUNCIL ACTION: Approved on 9/25/2012 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillilI DATE: 9/25/2012 REFERENCE C-25884 LOG NAME: 20SW_ROBIN_DENVER_ NO.: 00086 CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Ratify Contract with Mario Sinacola & Sons Excavation, Inc., City Secretary No. 42443 in the Amount of$129,246.22 for the Remediation of Potential Health and Safety Hazards Caused by Improper Dumping Associated with the 2004 Capital Improvement Program Project Robin-Denver Storm Drain Reconstruction (COUNCIL DISTRICT 2) iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliilI RECOMMENDATION: It is recommended that the City Council ratify the contract entered into with Mario Sinacola & Sons Excavation, Inc., in the amount of$129,246.22 for the remediation of potential hazards caused by, improper dumping situation which, if left unabated, would have affected the health, safety and welfare of Fort Worth citizens and which is associated with the 2004 Capital Improvement Program Project Robin-Denver Storm Drain Reconstruction. DISCUSSION: On July 28, 2009, (M&C C-23692) the City Council authorized the City Manager to execute a contract with Laughley Bridge & Construction, Inc. (Laughley), for the Robin-Denver Storm Drain Reconstruction (Robin-Denver Project). In late August 2011, the City's Code Compliance Department, responding to a citizen complaint, discovered that Laughley had at least partially created an improper fill site on a slope behind the residences of Terrace Avenue. It was determined that the fill material was at least partially from the Robin-Denver Project and that it posed a serious risk to the property at the bottom of the slope. Staff took preliminary action to secure the site by installing protective barricades at the back of the Church and advised Laughley of the situation. Laughley declined to perform remediation. The City notified Laughley and its surety that the City would mitigate the hazard and would be demanding remuneration for all costs associated with this work through Laughley and/or its surety. Staff then engaged Sinacola and engineering consultants to develop and execute a plan to mitigate the situation by removing improper fill and stabilizing the slope. The fill removal activity and stabilization work has been completed. The total cost to remediate the hazardous condition was: Sinacola $ 129,246.22 Geotechnical engineering consultant $ 12,149.73 (administratively executed Civil engineering consultant $ 5,587.50 (administratively executed) City direct costs (staff and materials) $ 47,224.70 Total $ 194,208.15 The City is currently pursuing reimbursement for these expenses through Laughley and/or its surety. The remediation work was finished in February 2012. The complicated finances (remediation charges, Staff charges, Robin-Denver Storm Drain Reconstruction Project's pay estimates) on the project caused delay in this Mayor and Council Communication (M&C). http://apps.cfwnet.org/council packet/mc review.asp?ID=1668 1&councildate=9/25/2012 6/17/2014 M&C Review Page 2 of 2 The M/WBE requirements have been waived via written approval by the M/WBE Manager for Mario Sinacola & Sons Excavation, Inc., towards removal of the fill material. This project is located in COUNCIL DISTRICT 2, Mapsco 62J, 62K, 62N and 62P. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects Bond 2009 Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 541200 202280008687 $129,246.22 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Vibhuti Pandey (2424) ATTACHMENTS After.lpq Before.JPG D00001.PDF IR 9442 - 10.4.11 CCM.pdf Terrace Ave Excavation Site Map.pdf Terrace Fill Site.pdf http://apps.cfwnet.org/council packet/mc review.asp?ID=1668 1&councildate=9/25/2012 6/17/2014