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HomeMy WebLinkAboutContract 43660 C11Y sECa�� amr�a v D.O.E. FILE wo 110. CONTRACTOR'S BONDINO��o►. C*MMC110N%%;w1rf FoRTWoRTH�v000ft" CLIENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF SARITA CHANNEL DRAINAGE IMPROVEMENTS City Project No.00484 Unit 2 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2012 1 500 W. 7h Street, Suite 1100 Fort Worth, TX 76102 _j pF��` ` Aw i MICHAEL R. HOBBS � -mom �; joss f wo�a' 09-27-12 P i> : 05 1 N M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWoRTH WN COUNCIL ACTION: Approved on 9/18/2012 -ordinance No. 20396-09-2012 101 Elm DATE: 9118/2012 REFERENCE **C-25839 LOG NAME: 20SW SARITA CHANNEL 004 NO.: _ 4 8 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Humphrey& Morton Construction Company, Inc., in the Amount of$515,584.31 for the Sarita Channel Drainage Improvements and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$35,939.31 from the Water and Sewer Operating Fund to the Stormwater Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Capital Projects Fund in the amount of$35,939.31 from available funds; and 3. Authorize the execution of a contract with Humphrey & Morton Construction Company, Inc., in the amount of$515,584.31 for construction of the Sarita Channel Drainage Improvements project. DISCUSSION: The construction contract recommended by this Mayor and Council Communication is for the installation of a maintenance access ramp and access path into the Sarita Channel, installation of a storm drain pipe and inlets, replacement of a sewer line aerial crossing, and repair of the concrete- lined channel. The alternate bid is for replacement of a stilling basin drain pipe within the concrete- lined channel. The project was advertised for bid on June 21, 2012 and June 28, 2012 in the Fort Worth S Telegram. On July 26, 2012, the following bids were received: TIME OF ALTERNATE TIME OF BIDDERS BASE BID COMPLETION BID COMPLETION Humphrey & $4970801.81 $5159584.31 Morton Y Construction Company, Inc. 150 Calendar 150 Calendar Fain Grog, Inc. $506,778.46 Days $519,228.46 Days DCI Contracting, $553,064.00 $5842264.00 Inc. ,M. It is recommended that a contract be awarded in the amount of$515,584.31 to Humphrey&Morton Construction Company, Inc. Costs for the implementation of this project will be funded by the Stormwater Capital Projects Fund and the Stormwater Capital Projects Bond Fund. Funding in the amount of$55,000.00 is included for associated construction survey, materials testing, and inspection. The contingency fund for possible change orders is$25,000.00. Humphrey& Morton Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 20 percent M1WBE participation. The City's goal on this project is 19 percent. "r This project is located in COUNCIL DISTRICT 3, Mapsco 89F. http:l/vvww.fortworthgov.org/council packetlmc review.asp?ID=17356&councildate=9/1... 9/20/2012 M&C Review Page 2 of 2 FISCAL INFORMATIONICERTIFICATION: 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 budget, as appropriated of the Stormwater Capital Projects Fund and the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/AccounVCenters X35 939.31_ 3-�27 541200 20328048483 $478,645.00 P228 472045 203280048483 3 P228 541200 203280048483 36 939.31 3Y _ , 1 PE45 538070 0709020 $36,939-31 Submitted for City Mana ees Otflce by: Fernando Costa t61 223 *� Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Rick Shaffer(6821) ATTACHMENTS 20SW SARITA CHANNEL 00484 A012.doc � date MC 0484 0 ----------u p --d (2).pdf OW http://www.fortworthgov.org/council-Packet/mc-review.asp?ID=173 66&counci1date=9/1... 9120/2012 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS ADDENDUM NO.1 TO THE PLANS,SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SARITA CHANNEL DRAINAGE IMPROVEMENTS DOE No. 6717 CITY PROJECT No.00484(Unit 2) ISSUED DATE:July 19,2012 BID RECEU T DATE:July 26,2012 This Addendum No. I forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below,the proposal and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification. The Plans and Specification documents for the above mentioned project are hereby revised and amended as follows: 1. Unit 1 Drainage Section— Item 32 is revised to a Prebid item with a prebid price of$30,000. The revised proposal section(00 42 43)is attached. *� 2. Unit 1 Drainage Section—Item 40"3900.0013 Miscellaneous Force Account—Install"is added to the proposal section with a prebid price of$25,000. The revised proposal section(04 42 43)is attached. Items of Clarification: 1. Deep root fertilization,as required by the plans,shalt be performed using a liquid fertilizer with a 4-1-2 ratio,and at least 50%of the nitrogen shall be slovwrelease.The application rate shall be 3 lbs of nitrogen per 1,400 square feet. The liquid fertilizer shall be injected at a depth between 9 and 12 inche&.The liquid fertilizer shall not contain herbicides.work associated with this Item is considered subsidiary to the various Items bid,and no separate payment will be allowed for this Item. 2. The contractor shall install 3"PVC conduit sleeves under the Access Drive for any irrigation piping that cross the Access Drive,and shah reinstall the irrigation piping Inside of the sleeves.Any irrigation heads located within Access Drive pathway shall be relocated as determined by the inspector and/or the city project manager.Work associated with this Item shalt be paid for under the Miscellaneous Utility Adjustment bid item. s All other provisions of the plans,specifications and contract documents for the project which are not expressly amended herein shall rein in full force and effect. The Contractor shall acknowledge receipt of this Addendum (1) in the space provide below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED & ACKNOWLEDGED ADDENDUM NO. I". Failure to return a signed copy of the addendum with the proposal sW1 be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: TRAN RTA ION AND UBL WORKS By. By. Title: Rick Shaffer,P.E.,Project Manager rb .a• on 005243-1 Agreement Page 1 of 4 00 1 SECTION 00 52 43 2 AGREEMENT go 3 TMS AOREEM ENT,authorized on S E P 18 20)12 is made b and between the i o y City f Forth 4 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager, 5 ("City"), and Humphrey& Morton Construction, Inc., authorized to do business in Texas, acting aw 6 by and through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: ow 9 Article I.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Sar to Channel el Drarnaize.Imiarovements 15 City Pro ect 11 ra.'00484 LT=Lnit 2) 17 Article 3,CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The work will be complete for Final Acceptance within {l50} days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 33 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Three Hwidred Flee and nn/iQD Dollars($315.04) for each day that expires after 33 the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final 34 Letter of Acceptance. CITY OF FORT WORTH Sarita Chanel Drainage Improveownts STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2) Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4.CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract ow 37 Documents an amount in current funds of FIVE HUNDRED FIFTEEN THOUSAND FIVE 38 HUNDRED EIGHTY FOUR AND 311100 DOLLARS(SE&L8431). 39 Article 5.CONTRACT DOCUMENTS 40 5.1 CONTENTS: • 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 Z) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued,become an incorporated part of the Contract Documents: *' 68 a. Notice to Proceed. 69 h. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 CITY OF FORT WORTH S"ita Channel Drainage Impravenwnu STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2) Revised August 17,2012 PX 005243-3 Agreement Page 3 of 4 MR 73 Article 6.ViDEMNIFICATION 74 6A Contractor covenants and agrees to indemnify, hold harmless and defend, at its own on 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of,or alleged to arise out of, the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification wovision is sDecificafll intended too rate 79 and be effective even if it is alleized or eroven that all or some of the d m es bein ff 80 sou ht were caused in whole or in gart,bv an ac omission or ngdfizenc e of the ci 81 Ibis indemnity provision is intended to include, without limitation, indemnity for 82 costs,expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84 85 61 Contractor covenants and agrees to indemnify and hold harmless,,at its own expense, 86 the city,its officers,servants and employees,from and against any and all loss,damage 87 or destruction of property of the city,arising out of,or alleged to arise out of,the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is st nific� intended to omrate and be effective even if it is alleged or 91 proven that all or some of the damages being sought were caused, in whole or in vart, 92 by aul act omission or neellyence of the ci 93 94 Article 7,MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have the meanings indicated in the General Conditions. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the City. 101 7.3 Successors and Assigns. 102 City and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents. 145 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon CITY and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas,Fort worth Division. CITY OF FORT WORTH Santa Chamiel Drainage Impravemerus STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2) Revised August l 7,2012 PM 005243-4 Agreement Page 4 of 4 w 114 7.6 Other Provisions. 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 116 classed, promulgated and set out by the Ciry, a copy of which is attached hereto and 117 made a part hereof the same as if it were copied verbatim herein. 118 7.7 Authority to Sign. 119 Contractor shalt attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties("Effective Date'. 126 � h+r �MowFo n ontractor: � City of Fort Worth Yi By: r Fernando Costa Assistant City Manager (Signature) r Date 919 a � A��: (Printed Name) City S r�et a"ry� ski a p�F� oopSeal 0 Title: > w 0%�a�F. Y ad d d d o o*Address: 906 �� °o�M&C ° Date: °°000ao° ��4 City/State/Zip: F4-, (,(,�'9��,��0/2� Approved as to Form and Legality: �. nAJdV]k "• � Date � Douglas W. Black Assistant City Attorney 127 128 129 OFFICIAL RECORD APPROVAL RECOMMENDED: 130 ciTy sICRITARY w 131 L4%jl LA.) 132 �.wo"N,TX 133 Douglas .Wiersig,P.E. 134 DIRECTOR, 135 Transportation and Public Works Department 136 s CITY OF FORT WORTH Santa Chamee!Drainage Impravensents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2) Revised August 17,2012