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HomeMy WebLinkAboutContract 42065 CITY SECRETARY -- CONTRACT NO. � 1 f f r.� r.� c� c f f _ FORTWORTH � WATER OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 07-29-1 1 P01 : 16 IN CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the 19 day of July , 2011, by and between the I City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and Steve Dake Construction, Inc., d/b/a Dake Construction, ("Contractor"). Owner and Contractor Imay be referred to herein individually as a "Party" or collectively as the"Parties." WITNESSETH: That said Parties have agreed as follows: I 1. That for and in consideration of the payments and agreements hereinafter mentioned to I 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: I FOR: Southside Pump Station Replacement Project I That the work herein contemplated shall consist of the Contractor 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 I Documents prepared by or on behalf of the City of Fort Worth 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 part of this Contract the Isame as if written herein. 3. I The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10)days after being notified in writing to do so by the Water Department of 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 Water Department of the City of Fort Worth and City Council of the City of Fort Worth within a period of 270 Calendar 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 6/17/09 C-1 become due him, the sum of$315.00 per working day, not as a penalty but as liquidated damages, the Contractor and its Surety shall be liable to the Owner for such deficiency 5. Should the Contractor fail to begin the work herein provided for within the time herein I 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 manner as it may deem I proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay Owner on demand in writing, setting forth and specifying an itemized statement Iof the total cost thereof, said excess cost. 6. I Contractor covenants and agrees to indemnify the Owner, Owner'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, I 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 I 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 I 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. IIn 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) I submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b) 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 deemed 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 of Fort Worth contract. 6/17/09 C-2 I The Contractor agrees, upon the execution of this Contract, 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 City of Fort Worth. All bonds furnished I hereunder shall meet the requirements of 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 I 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. 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 all claimants supplying labor and material in the prosecution of the work. C. 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 Plans, Specifications, and Contract Documents. Said bond shall solely be Ifor 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 Documents. 8. IThe 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 I 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 1 be Seven hundred and seventy six thousand three hundred and five Dollars, ($776,350.00). fi 9. I It is further agreed that the performance of this Contract, whether in whole or in part, shall not be 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 Water Department. 10. 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 I attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. I It is mutually agreed and understood that this Contract 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 agrees to fully comply with all the provisions of the same. 6/17/09 C-3 IN WITNESS THEREOF the City of Fort Worth has caused this instrument to be signed in 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 Four counterparts with its corporate seal attached. IDone in Fort Worth, Texas, this the day of -:;rvL.y A.D., 20_D IAPPRO L RECOMMENDED: CITY OF FORT WORTH ,-5-" A (/'� BY: _ �vC�s.t/--- IDIREC OR, WATER DEPARTMENT ASSISTANT CITY MANAGER ATTEST: I1�Ax� �Onrl^?RVCT/o..1 CONTRACTOR00000 �� Q CITY SECRETAR pp ° °°60 (SEAL) 0 Q o° oA�P BY: -R. Fc�'' L.EW r 011j" o x TITLE �� 000,0000 3911 -Fl tl e f�{c Pll}3t—R C'TT aa��t�i� �� APPR AS TO FORM AND LEGALITY: 9RL 1Nfr�);,� T�f 7GQ fCo IADDRESS ASSISrTORNEY OFFICIAL RECORD CITY SECRETARY F WORTH, TX 6/17/09 c-4 M&C Review Page 1 of 2 CITY COUNCIL AGENDA FORTTIVORT_111 COUNCIL ACTION: Approved on 7/19/2011 DATE: 7/19/2011 REFERENCE NO.: **C-25030 LOG NAME: STATION SIDE PUMP STATION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract in the Amount of$776,350.00 with Steve Dake Construction, Inc. d/b/a Dake Construction for the Southside Pump Station Replacement Project(COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Steve Dake Construction, Inc. d/b/a Dake Construction in the amount of$776,350.00 for the Southside Pump Station Replacement Project. DISCUSSION: The existing Southside Pump Station was constructed in 1947 consisting of two pumps with a total capacity of 10 million gallons per day that convey water to the southside of Fort Worth. The existing pump station needs to be replaced due to the condition of the wood frame pump station building and the age of the piping. The new pump station will be located in close proximity to the existing pump station, which will allow the existing station to remain in service while the new pump station is being built. The new pump station will include higher efficiency pumps and motors, upgraded electrical service and switchgear, and new piping, valves and fittings. Upon completion of the new pump station, the existing pump station will be demolished and removed. The project was advertised for bid in the Fort Worth Star-Telegram on March 24, 2011 and March 31, 2011. On April 21, 2011, the following nine bids were received: BIDDER 11TOTAL BID CONTRACT TIME Steve Dake Construction, Inc. $776,350.00 270 Calendar Days Legacy Contracting 1$784,475.00 Fryer Construction $803,875.00 Associated Construction Partners $816,750.00 MELA Contracting IF$840,850.00 Reynolds, Inc. IF$842,950.00 J.S. Haren Company IF$854,000.00 Gracon Construction IF$854,700.00 Archer Western $865,750.00 In addition to the contract cost, $23,650.00 is provided for project contingencies and $20,000.00 is provided for staff inspection. Steve Dake Construction, Inc. dba Dake Construction, is in compliance with the City's M/WBE Ordinance by committing to 18 percent M/WBE participation. The City's goal on this project is 17 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15276&councildate=7/19/2011 8/1/2011 Page 2 of 2 M&C Review percent. This project is located in COUNCIL DISTRICT 9. The address of the pump station is 1800 West Waggoman Street. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers p;265_5411200 609160057480 $776 350.00 Submitted for City Manager's Office lb Fernando Costa (6122) Oriainatina DepartmentHead: S. Frank Crumb (8207) Additional Information Contact: Chris Harder(8293) ATTACHMENTS 60SOUTHSIDE PUMP STATION MAP 2.pdf 60SOUTH_S.IDE PUMP STATION maP,P-df http://apps.cfwnet.org/council_packet/mc review.asp?ID=15276&councildate=7/19/2011 8/1/2011