HomeMy WebLinkAboutContract 43409r
FORT WORTH
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WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2009 WSM-E
CITY PROJECT No. 01445
Water No. P253-605170144583
Sewer No. P258-705170144583
DOE No. 6498
SEPTEMBER 2011
Betsy Price Tom Higgins
Mayor City Manager
Doug W. Wiershing, P.E.
Transportation and Public Works Department
OFF ICIA1,,, RECORD
CITY SECRETARy'
F°T. Won H, TA
S. Frank Crumb, P.E.
Director, Water Department
PREPARED FOR:
The City of Fort Worth
APM &Associates, Inc.
TBPE REG # 3091
2201 Main Street, Suite 1100
Dallas, Texas 75201
(214) 748-4888
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MASENGU N .......
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, July 10, 2012 REFERENCE NO.: C-25714
LOG NAME: 6009WSME-BURNSCO
SUBJECT:
Authorize Execution of a Contract with Burnsco Construction, Inc., in the Amount of $1,435,313.00 for
Water Replacement Contract 2009, WSM-E on Hillside Avenue, Pate Drive, Putnam Road and Stark Street
and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $1,529,313.00 from the Water and Sewer Fund in the amounts of $871,051.00
to the Water Capital Projects Fund and $658,262.00 to the Sewer Capital Projects Fund,
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund by the amount of $871,051.00 and Sewer Capital Projects Fund by the
amount of $658,262.00 from available funds; and
3. Authorize the execution of a contract with Burnsco Construction, Inc., in the amount of $1,435,313.00
for Water Replacement Contract 2009, WSM-E on Hillside Avenue, Pate Drive, Putnam Road and Stark
Street.
On September 14, 2010, (M&C C-24436) the City Council authorized the City Manager to execute an
Engineering Agreement with APM & Associates, Inc,, for Water and Sanitary Sewer Replacement
Contract 2009, WSM-E.
This project consists of the preparation of plans and specifications for the replacement of the deteriorated
water and sanitary sewer mains located on the following streets:
The project was advertised for bid on November 3, 2011 and November 10, 2011, in the foil -Worth Star-
Telegram. On December 8, 2011, the following bids were received:
Logname: 6009WSME-BURNSCO Page I of 3
ALI.C., Inc.
ri-Tech Construction, Inc.
YB Construction
tilitex Construction, LLP
1,43�1�1.1 .
.210 Callend
1,478,615.00
1,479,640,00
40 .00 ,391
1,508,516.00
1,596,550.00
1,627,740.00
1,784,906.00
1,834,781.50
C,589,420.50
M/WBP - Burnsco Construction, Inc., is in compliance with the City's MfWBE ordinance by committing to
18 percent M/WBE participation, The City's goal on this project is 17 percent.
In addition to the contract cost $44,000.00 (Water: $29,000,00; Sewer., $15,000.00) is required for
construction staking, project management, material testing and inspection and $50,000.00 (Water;
$25,000.00; Sewer: $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 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.
FUNP-CENTERS:
TO Fund/Accou_nVC_enters FROM Fund /AccounUCenters
1 &2� P253 4760 60517001977 J71�05�1 00 1) PE45 538040 0609020 $871,051-00
1 &21 P258 476045 705170019722
24 P253 531350 605170144552
21P253 511010 60517014458Q
21P25 541200 14583
21 P253 --511292J-06170144684
2) P253 531350 605170144584
LE 53 531350 605170144585
2if258 531350 705170144552
580
21R25L-541Z00-7Q51701 441113
706170144584
1,0&na,e: 6049' 5F, -BU'
J�L5 �262,0�O
LaEA����
.. Q709020
J��262�.00
JJ100.00
3) P253
541200
�605170144583
WI051-00
11-0-000
4• 583
$618.262M
1190-000
L120-000
UI.QQ-0-00
112-00-00
111 Ii
Page 2 of 3
2) P258 531350 705170144584 $2,000.00
21 P258 531350 705170144585 $5,000,00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Roberto C. Sauceda (2387)
ATTACHMENTS
1. 6009WSME-BURNSCO AO.docx (Public)
2. 6009WSME-BURNSCO COMPLIANCE.nd (CFW Internal)
3. 6009WSME-BURNSCO MAP J.pd (Public)
4. 6009WSME-BURNSCO MAP 2.pd (Public)
5. 6009WSME-BURNSCO MAP 3.pdf (Public)
6. 6009WSME-BURNSCO MAP 4.pd (Public)
7. 6009WSME-BURNSCO Sewer FAR. (CFW Internal)
8, 6009WSM E-BU RNSCO Water FAR, pAf (CFW Internal}
9. PE45-538040-0609020.docx (CFW Internal)
10. PE45-538040-0709020.docx (CFW Internal)
Logname: 6009WSME-BURNSCO Page 3 of 3
CITY (}F FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this ihm day of , '^ /L by and
between (he City of Fort Worth, a home-rule municipal corporation 6iiuWed in Tarrant, Denton,
Parker, and Wise Counties, Texas, hy and through its duly authorized Assistant City Manager,
("Owner"), and N ..(^Coningd0r'). Owner and Contractor may b*
referred bo herein individually aoe'Pady'ox collectively as the "parties.^
WITNESSETI-L That said Parties have agreed as follows:
1,
That for and k1 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
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even date herewith, the said Contractor hereby agrees with the said Owner to commence and
complete the construction of certain improvements described osfollows:
FOR: Water and Sanitary Sewer SVstenn Replacement Contract 2009 WSIVI-E
That the work herein contemplated shall consist of the Contractor furnishing monn
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 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 3 part of this Contract the
same as if written herein,
3,
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.
The Contractor hereby agrees k/ prosecute said work win)reasonable diligence after the
comrrence�nn en(iheroofnud(nk/Uy corn p(aieand/imsh the oame read y for thainopeci ion ond
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approval of the Water Department of [he City of Fort Worth and City Council of the City of Fort
Worth within e period o/(2�h]) Calendar days.
� U (he Contractor should fail k) complete the work mu set forth im the Plans and Specifications and
Contract 0ocuments within the 6ine so stipulated, plus any additional time allowed as provided in
(he General ConMt�ons, there shalt be deducted from any monies due or which may thereafter
6/17/09 C-1
become due him, the sum of $420.00 per 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
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
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
of the total cost thereof, said excess cost.
C.1
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,
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 ar
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 bV 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 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.
C-2
7.
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 (lie 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
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
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.
8. If the contract amount is in excess of 525,000, 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 worts.
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
for the protection of the Owner.
D. A Two -year Maintenance Bond in the name of the Owner is required for all
projects to Ensure the prompt, full and faithful performance of the general guarantee contained in
the Contract Documents.
F.]
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
(includinglexcluding) alternates (NIA), shall
Be ONE MILLION FOUR HUNDRED THIRTY FIVE THOUSAND THREE HUNDRED
THIRTEEN DOLLARS AND ZERO CENTS ($1,435,313,00) Dollars,
M
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 cbassified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is
attached hereto and made a part hereof the same as if it were copied verbatim herein.
11,
It is mutually agreed and understood that this Contract is made and entered into by the
Parties hereto with references to the exks ing Charter and Ordinances of the City of Fort Worth
,e M 6/17/09 C -3
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and the laws o[ the State of Texas with references {o and governing all matters affecting this
Contract, and the Contractor agrees to fully comply with all the provisions of the some.
IN WITNESS THEREOF, the City of Fort Wocth has caused this instrument to be signed in
counterparts )n 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 oUioom in B counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the
APPROVAL RECOMMENDED:
DIRECTOR, WATER DEPARTMENT
CONTRACTOR
TITLE
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ASSlST'ANT CITY MANAGER
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APPTRQ AS TO FORM AND LEGALITY:
AS STANT CITY ATTORNEY
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OFFICIAL
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