HomeMy WebLinkAboutContract 42126 FORTWORTH 'Air� .
CIfy SECRETARY
D,Q.E. FILE SPECIFICATIONS
cQivT� cT�R�s BONDING CO.
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AND
CONSTRUCTION'S COPY CONTRACT DOCUMENTS
CLIENT DEPARTMENT
FOR
WATER REHABILITATION
CONTRACTLXIX (69) PART 4.
2011
9
WATER PROJECT NO P253-605170091583
D.O.R.No. 6622,. s' -
FILE NO. X-21480-
CITY PROJECT NO. 00915
t
MIKE MONCRIEF
MAYOR 3
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T.M. HIGGINS
INTERIM CITY MANAGER
WILLIAM A. VERKEST,P.E.,
DIRECTOR TRANSPORTATION/PUBLIC WORKS
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PREPARED BY �� ••�•����� �
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TranSystems Consultants
X00 West seventh Street, Suite 1]00
Fort Worth, Texas 76102 =i KENT A. LUNSKI iZ
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CITY OF FORT WORTH TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the day of `' ' A.D., 2011, by and between
the 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
Jackson Construction LTD Owner and Contractor may be referred to herein individally as a"Party"or
collectively as the"Parties."
' WITNESSETH: That said parties have agreed as follows:
1.
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:
Water Rehabilitation Contract LXIX (69)Part 4
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 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
' part 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
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 anN monies due or which may thereafter become due him, the
sum of$315.00 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.
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
Contractor 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 We 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..
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)
' 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.
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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
prosecution of the work. protection of the claimants supplying labor and material in the
C If the Contract amount is in excess of S 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
Pl=s,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
Documents.
8.
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 Six Hundred Twelve Thousand and Fifty Three
Dollars, ($612.053.00).
9.
It is further agreed that the performance of this Contract,either 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
Engineering 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 attached hereto
and madea. part hereof the same as if it were copied verbatim herein.
l 1.
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
agrees 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 &
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 S counterparts with its corporate seal attached.
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Done in Fort Worth,Texas,this the day
QRECO, DED: CITY OF FORT WORTH
DIRECTOR.,DEPARTMENT OF
WATER
' FERNANDO COSTA,ASST CITY MANAGER
ATTEST:
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CONTRACTOR
CITY SECRETARY
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M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTII
Ir!
COUNCIL ACTION: Approved on 7/19/2011 -Ordinance No. 19788
DATE: 7/19/2011 REFERENCE NO.: C-25045 LOG NAME: 60SS69P4-
JACKSON
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract in the Amount of$612,053.00 with Jackson
Construction, LTD, for Sewer and Water Rehabilitation Contract 69, Part 4 on East Loop
820 Southbound Frontage Road from David Strickland Road to Martin Street and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$672,053.00 from the Water and Sewer Operating Fund to the Water
Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Water Capital Projects Fund in the amount of$672,053.00 from available funds; and
3. Authorize the City Manager to execute a contract in the amount of$612,053.00 with Jackson
Construction, LTD,for Sewer and Water Rehabilitation Contract 69, Part 4 on East Loop 82
Southbound Frontage Road from David Strickland Road to Martin Street.
DISCUSSION:
On January 20,2004, (M&C No. C-19937)the City Council authorized the City Manager to execute
an Engineering Agreement with TranSystems Corporation d/b/a TranSystems Corporation
Consultants for the preparation of plans and specifications for Sanitary Sewer Rehabilitation, Contract
LXIX-Village Creek Drainage Basin(Enchanted Bay). On September 16, 2008, (M&C C-23052)the
Agreement was revised by Amendment No. 3 that provided for the design of a 16-inch water line to
serve the proposed Enchanted Bay North Development.This project, Part 4, consists of the
installation of approximately 3,200 feet of water line along the southbound Frontage Road of East
Loop 820 from David Strickland Road to Martin Street.
The project was advertised for bid on February 17,2011 and February 24, 2011 in the Fort Worth
Star-Telegram. On March 17,2011, the following bids were received:
BIDDER AMOUNT TIME OF COMPLETION
Jackson Construction, LTD $612,053.00 18OCalendar Days
Conatser Construction TX, LP $658,778.00
S.J.Louis Construction $669,946.60
Gra-Tex Utilities, Inc. $675,792.00
Tri-Tech Construction, Inc. $684,843.00
Lewis Contractors, Inc. $742,587.70
M/WBE-Jackson Construction, LTD, is in compliance with the City's M/WBE Ordinance by
committing to four percent M/WBE participation and documenting good faith effort. Jackson
Construction, LTD, identified several subcontracting and supplier opportunities. However, the
M/WBEs contacted in the area identified did not submit the lowest bids. The City's goal on this project
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15329&council... Wednesday,July 20, 2011
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M&C Review Page 2 of 2
is 20 percent.
In addition to the Contract cost, $35,000.00 is required for construction staking, project management,
material testing and inspection and $25,000.00 is provided for project contingencies.
The project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, and the adoption of the attached appropriation ordinance, funds will be available
in the current capital budgets, as appropriated, of the Water Capital Projects Fund.
TO Fund/AccountlCenters FROM Fund/Account/Centers
1&2) $672,053.00 1)PE45 538040 0609020 $672,053.00
P253 476045 6051700915ZZ 3)P253 541200 605170091589 $612,053.00
2) P253 531350 605170091552 $8,000.00
2)P253 511010 605170091580 $5,000.00
2)P253 531200 605170091584 $5,000.00
2)P253 531350 605170091584 $3,000.00
2) P253 531.350 605170091585 $14,000.00
2) P253 541200 605170091589 $637,053.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating_Department Head: S. Frank Crumb(8207)
Additional Information Contact: David L. Cooper(8252)
ATTACHMENTS
60SS69P4-JACKSON A011.doc
60SS69P4-JACKSON MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15329&council... Wednesday, July 20, 2011