HomeMy WebLinkAboutContract 53179-AR7CSC No. 53179-AR7
FORT WORTH City of Fort Worth
�� Construction Allowance Request
Project Name Silver Creek Roadway Improvements Phase 2 City Sec # 53179
Client Project #(s) �0 2 110
Project Silver Creek Roadway Improvements Phase 2 between Brewer High School and Live Oak
Description
Contractor Texas Bit I Texas Materials Group, Inc.
City Project Mgr. Alejandra Ayala
UNIT or DEPT UNIT 1 TPW
OriginalContractAmount 3,507,396.93
Extras to Date
Credits to Date
Current Contract Amount 3,507,396.93
Amount of Pro osed Allocation 3 734.10
Original Allowance Available to Allocation 200,000.00
Allowance Funds PreviouslyAllocated $195,172.48
Revised Allowance Balance 1,093.42
CA # 7 Date 3/9I2021
City Inspector John Crowley
UNIT 2 TPW
Totals
60
IN ACCORDANCE WITH THIS CONSTRUCTION ALLOWANCE REQUEST, THE CONTRACT SHALL: Furnish all labor and material as per
attached proposed Construction Allowance Request (with attachments):
Item 69 was added to the project because cattle were escaping through the smooth wire fence that was installed with the project. Field fence was
placed over the smooth wire fence to keep the cattle in the pasture.
Item 70 was added to the project because the metal beam guard fence needed to be installed on a concrete pad due to the less than 2-feet of
cover over the culvert.
It is understood and agreed that the acceptance of this Construction Allowance Request by the contractor constitutes an accord and
satisfaction and represents payment in full (both time and money) for all costs arising out of, or incidental to, the above Construction
Allowance Request. The Project/Program Manager signing below acknowledges that he/she is the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Texas Bit/Texas Materials Group, Inc. � Parlrn Alnncn � � 03/i5/2o2i
ATTEST: j'�U �' 0
Mary J. Kayser, City Secretary
Construction Allowance SUMMARY
Page 1 of 1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FORT' WORTi i. City of Fort Worth
� Construction Allowance Additions
Project Name Silver Creek Roadwa Im rovements Phase 2 City Sec # 53
Client Project # CO2101
Contractor Texas Bit / Texas Materials Group, Inc. PM Alejandra Ayala Inspector John Crowley
Construction Allowance Submittal # �7 �ate 3 9 202
ADDITIONS
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Construction Allowance Additions
Page 1 of 1
FC?RT W[}RTiI City of Fort Worth
'� Construction Allowance Value
Project Name Silver Creek Roadwa Im rovements Phase 2 City Sec #�
Client Project # CO2101
Contractor Texas Bit / Texas Materials Group, Inc. PM Alejandra Ayala Inspector John Crowley
Construction Allowance Submittal # � Date �
CONSTRUCTION ALLOWANCE VALUE BEING USED
ITEM DESCRIPTION Qty Unit Unit Cost Total
66 9999.0010 Unit I Construction Allowance 922.00 LF $4.05 $3,734.10
44 9999.0010 Unit II Construction Allowance 100.00 LF $13127 $13,127.00
Construction Allowance Value
1of1
Previous Construction Allowance Requests
CAR # DATE AMOUNT
Total $0.00
Construction Allowance MSBE Data
Page 1 of 1
MISBE for this Construction Allowance Request
TEXAS
A CRH COMPANY
PROPOSAL
Silvercreek - T631LS Guardrail
Tuesday, February 16, 2021
Alex Ayala
City Of Fort Worth
Alejandra.Ayala@fortworthtexas.gov
Alex,
420 Decker Drive, Suite 200
Irving, TX 75062
Phone: (214) 741-3531
Please see our quote with inclusions/exclusions below. If accepted, please sign and return to this email address. If you
have any questions please feel free to contact me. We look forward to doing business with you.
Pedro Alonso
512-571-6072
nedro.alonsoC�texasbit.com
Guardrail.xlsx Page 1
TEXAS
A CRH COMPANY
420 Decker Drive, Suite 200
Irving, TX 75062
Phone: (214) 741-3531
TexasBit (Seller) offers to furnish the equipment, labor, materials and/or services described below to (City Of Fort Worth)
in connection with construction of improvements at the above project. This proposal is valid for (30) days unless otherwise specified.
2/16/2021
Item Bid Description
Type T631LS Traffic Rail on Steel Post Anchored Includes End
1 Wings. Excludes All other end treatements
Inclusions:
0 Labor, equipment, materials (
0 Any QTY overruns or additions will be billed by the unit pricing above
Grand Total: $
Exclusions:
❑X Sales tax is not included and will be billed upon invoicing unless a sales tax receipt is provided
0 Payment/Performance or Maintenance Bond. Bonds can be added to contract at additional cost
0 TexasBit is not responsible for design, proposal is based upon provided information only
0 TexasBit's scope of work will only include those items specifically included as bid items in this proposal.
Total
13,127.00
13,127.00
INITIAL: '4'4
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
uantit Units Unit Price
100.00 LF $ 131.27 $
Guardrail.xlsx Page 2
TEXAS
A CRH COMPANY
Guardrail.xlsx
420 Decker Drive, Suite 200
Irving, TX 75062
Phone: (214) 741-3531
Page 3
T E XA 5 420 Decker Drive, Suite 200
Irving, TX 75062
ALS GROUP, INC. dba TEXASBIT - STANDARD TERMS AND C����$3531
A CRH COMPANY
1. Applicability. These terms and conditions are incorporated into Seller's Quotation & Contract (collectively, the "ContracY'). The
Contract comprises the entire agreement between the parties, and supersedes all prior or contemporaneous communications, understandings,
agreements, negotiations, representations and warranties. The Contract prevails over any of Buyer's general terms and conditions of
purchase regardless whether or when Buyer may have submitted a purchase order or contract.
2. Payment. Payment terms are net 30 days from date of Seller's invoice or sooner as may be required by applicable law. Late payments
shall accrue a finance charge of one and one-half percent (1 �/z%) per month or the highest rate allowable by law, whichever is less. Seller
shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, arising out of Buyer's failure to make all payments
due under this Contract in a tiinely manner. 10% reiainage is assumed unless otherwise stated in ihe contract.
3. Taxes. Buyer is responsible for payment of all taxes and duties not specifically assumed in writing by Seller in the Contract. Buyer
agrees to defend, indemnify and hold Seller harmless from any damages and expenses related to any levy or attempted levy of any other taxes
on Seller.
4. Susuension; Termination. In addition to any other reinedies available to Seller, Seller may suspend or terminate this Contract with
iminediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Contract (or any other agreement
Buyer has with Seller); (ii) has not otherwise performed or complied with any of these terms (or complied with the terms of any other
agreement Buyer has with Seller); (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it
proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors; or (iv) exhibits other adverse credit
conditions that are unsatisfactory to Seller, as determined by Seller in its sole discretion.
5. Warran . Seller warrants that the goods and services herein will conform to the specifications provided to Seller prior to
manufacture of the goods and/or Seller's performance of the services. Seller's obligation to meet the applicable specifications supersedes
any and all other warranties. SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES. Buyer shall verify that Seller's materials comply with the plans
and specifications prior to installation. Changes to the plans and specifications shall be made by written change order and Seller shall be
entitled to an equitable price adjustment for such changes. The express limited warranty set forth herein shall be void if Buyer fails to pay
Seller in full for the materials provided by Seller pursuant to this Contract.
6. Modification. No amendment or modification of this Contract shall be valid or enforceable unless in writing and signed by the party
sought to be charged, and no prior or current course of dealing between the parties, or any usage of trade or custom of the industry shall
modify or supplement the terms and conditions of this Contract.
7. No Waiver. The failure of Seller to exercise any right granted hereunder shall not impair or waive Seller's privilege of exercising such
right to any subsequent time or times.
8. Dama�es. Seller's liability for any damages related to this Contract shall be limited to, at Seller's option, (a) replacement of defective
materials and work or, at Seller's option, (b) a refund of any payments made by Buyer. IN NO EVENT SHALL SELLER BE LIABLE
FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WITH
REGARD TO ANY CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT. It is further understood that Seller shall not
be responsible for any damage to or deterioration of any of its work, whether completed or in process, resulting from any cause or causes
beyond its reasonable control, including but not limited to design, failure of subgrade or other subsurface conditions, or failure or inadequacy
of any labor or materials not furnished and installed by Seller, whether or not such failure or inadequacy was or could have been known at the
time its work was undertaken, or for any work performed under adverse weather conditions
Guardrail.xlsx Page 4
TEXAS
A CRH COMPANY
420 Decker Drive, Suite 200
Irving, TX 75062
Phone: (214) 741-3531
9. Indemnitv. To the ir�aximum extent permitted by applicable law, Buyer shall defend, indemnify and hold Seller, its officers,
einployees, agents, insurers, sureties, and affiliates, harmless from any and all losses, damages, expenses (including attorneys' fees), claims,
suits, liabilities, fines and remedial or clean-up costs arising out of or in any way related to: (i) Buyer's breach of this Agreement; or (ii) any
act or omission by or on behalf of Buyer, its employees, contractors and/or agents.
10. Applicable Law. This Contract, and the rights, duties, obligations and remedies of the parties shall be governed by or construed in
accordance with the laws of the state where the Project is located.
ll. Work Conditions: If Seller's work is dependent upon or must be undertaken in conjunction with the work of others, such work shall
be so performed and completed as to permit Seller to perform its work in a normal uninterrupted single shift operation. Unless a time for the
performance of Seller's work is specified, Seller shall undertake the work in the course of its normal operating schedule. Seller shall not be
liable for any failure to undertake or complete the work for causes beyond its control, and Seller may suspend the work for causes beyond its
control, including but not limited to fire, flood or other casualty; the presence on or beneath the work site of utilities, facilities, substances, or
objects, including but not limited to any substance that in Seller's opinion is hazardous or toxic or the reporting, remediation, or clean-up of
which is required by any law or regulation; labor disputes or other disagreements; and accidents or other mishaps, whether affecting this
work or other operations in which Seller is involved, directly or indirectly. If for causes beyond Seller's control, Seller's work is not
completed within twelve (12) months after the date of Buyer's acceptance of the Contract, Seller may cancel this Contract. In such event:
(i) Seller shall be relieved of any further obligation with respect to the balance of the wark; and (ii) Seller shall be entitled to receive final and
complete payment for all work performed by us to the date of cancellation within fifteen (15) days thereafter.
12. MANDATORY BINDING ARBITRATION: ALL CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATED TO
THIS CONTRACT, SHALL BE SUBMITTED TO AND RESOLVED BY BINDING ARBITRATION BY A SINGLE
ARBITRATOR IN THE COUNTY AND STATE WHERE THE PROJECT IS LOCATED. THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") SHALL CONDUCT THE ARBITRATION AND THE COSTS OF THE ARBITRATION SHALL BE
BORNE EQUALLY BY THE PARTIES. NOTWITHSTANDING any language to the contrary in this CONTRACT, the parties
agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate
Rules"); that the Underlying Award rendered by the arbitrator shall, at a minimum, be a reasoned award; and that the Underlying
Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired.
I have read and acknowledge the proposal including the inclusions and exclusions within this proposal and accept this
quotation as an authorized signature for the above referenced. By signing, this proposal becomes an
integral part of any contract or agreement signed subsequently pertaining
to the proposed work and the proposal's terms, conditions, inclusions and
exclusions will not be superseded by a subsequently signed contract or agreement
Tuesday, February 16, 2021
�
By: �i������ ���1� <Q� � ��-'; .
U
Printed Name: Alejandra Ayala
:
Printed Name:
Date: 2/26/2021 Date:
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TRAFFIC RAIL
TYPE T631L5
Request for Information — Initiation Form
Form should be completed by Contractors Project Manager or Designated Representative
Project Name: Silvercreek Road RFI #: 18
Im rovements Phase 2
Project No. (CPN): CO2101 Date Submitted: 2/1 /2020
Contractor: TexasBit Response Needed by (NLT): 2/2/2020
City Project Manager: AIeX Ayala Design Engineer:
MV Engineering
RFI Title (Short Description): Fleld Fe11C2 Addltl0n
Attachments Image ❑ Document C�7
RFI Reference Data (If Applicable):
Specification Section No. Spec Page No Paragraph No.
Drawing Sheet No. �6 Drawinq Detail Title: Other:
RFI Question or ClarifiCation Needed: (Describe the issue and clearly state the question. Provide field data related to the
issue, including street location, distance measurements and pictures if applicable.)
This property leaser is now going on two nights of their cattle getting out of our new smooth wire fence. I'm getting
called by them to purchase field fence and install it for 1,252 LF. This field fence would close the gaps between the
5 strands between the t-posts. They already went last night and installed 330 LF on their own after they got their
cattle back in but again I'm being called.
Cause for this issue — now that we have grass growing on the shoulders of the road, the cattle are being drawn to
the newer vegetated area. With our fence being smooth wire (which was installed per plan) and not barbed, allows
for the cattle to break through the barrier pain free. Their sheer weight snaps/loosens the wire between the t-posts
allowing them to pass through.
How does the cit want to roceed with this issue?
Contractors Recommendation: (Please do not leave blank. Provide the contractors recommended solution based on his
knowledge of the project and existing conditions to assist with accelerating the response)
TXBIT recommends with proceeding to install the remaining 922 LF of field fence to
prevent cattle from getting out.
Does the Contractors Recommended Solution require a Change Order? : Yes ❑ No C7
Potential Impact to the City of Fort Worth ( Schedule, Scope, Cost):
Additional cost.
922 LF of Field Fence @$4.05/LF =$3,734.10
Is This RFI Stopping ALL work on the project? Yes ❑ No �
If yes, why was this issue not foreseen and sufficient response time provided?
�
REVISIONS
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