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HomeMy WebLinkAboutContract 43501 crry SECRETARY CONTRACT N0. c IV SEC R. ETARY V00' FORTWORTH Dzo,'E, FILE Cam.CONTRACYOR'S gONUNG Y PROJECT MANUAL 'C7N'S FOR��UP cONST Ruc;7, THE CONSTRUCTION OF MEDICAL DISTRICT PART 8-WATER DISTRIBUTION SYSTEM IMPROVEMENTS ON BRADNER ST, BROADWAY ST, HENDERSON ST, MAGNOLIA AVE, ST. LOUIS AVE AND S MAIN ST FOR THE JPS HEALTH NETWORK AND THE DANNON COMPANY Water Project No. P265-609170168787 City Project No.01687 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Prepared for The City of Fort Worth Water Department •��.��� / y� It�aF� 1d" as Ise q It 2012 -0, :.:... ��.... 's.:�i � JENIFER TATUM 0 644064666444 a it 87915 � Kimley-Horn �°�'••`.:�FNS °•G��s ;�Ole ' E C�� and Associates, Inc. ,1��5`0NAt-�� Texas Registered Engineering Firm F-928 �Y I� It,, V KHA No.061018084 rFlTv ICIpL.RECORD PO4 :53 I N CITY SECRETARY o8-16-12 WORTH,TX M&C Review Page 1 of 2 VM Official site of the City of Fort Worth,Texas on CITY OUNCIL GEN[�A Four'WoRTH JIM COUNCIL ACTION: Approved on 7110/2012 DATE: 7/1 0/2012 REFERENCE NO.: C-25715 LOG NAME: 60MEDP8- CIRCLEC PUBLIC NO NON-CONSENT � CODE: C TYPE: HEARING: SUBJECT: Authorize Execution of a Contract with William J. Schultz, Inc. dlbla Circle "C" Construction Company in the Amount of$1,441,842.00 for Medical District Part 8 -Water Distribution System Improvements on Bradner Street, Broadway Street, Henderson Street, Magnolia Avenue, St. Louis Avenue and South Main Street (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with William J. Schultz, Inc. dlbla Circle "C" Construction, Company in the amount of$1,441,842.00 for Medical District Part 8 —Water Distribution System Improvements on Bradner Street, Broadway Street, Henderson Street, Magnolia Avenue, St. Louis Avenue and South Main Street. DISCUSSION: On April 5, 20111 (M&C C-24825)the City Council authorized an Engineering Agreement with Kimley- '■' Horn &Associates, Inc., for Medical District Part 8—Water Distribution System Improvements. The proposed project includes water main improvements ahead of ongoing facility expansions at Dannon Company and facilitate future expansion at JPS. The water main replacements proposed on the following roadways will improve domestic and fire service as well as support the water demand needed for these facilities: Street From To Bradner Street 250 feet South of Broadway Street Broadway Street Broadway Street Bradner Street Henderson Street Henderson Street 150 feet north of Pennsylvania Daggett Avenue Ma nolia Avenue St. Louis Avenue South Main Street St. Louis Avenue Magnolia Avenue Morphy Street South Main Street Magnolia Avenue Feliks Gwozdz Place This project was advertised for bid on April 12, 2012 and April 19, 2012 in the Fart Worth Star- Telegram. On May 3, 2012, the following bids were received: Bidder Bid Amount Time of Coml2lelion William J. Schultz, Inc. dlbla Circle "C" Construction Co.111 $1,441,842.opior180 Calendar Da s Ark Contracting Services, LLC $1,472,818.00 S. J. Louis Construction of Texas, Ltd. $1,506,989.75 Conatser Construction TX, LP $1,578 716.00 Jackson Construction, Ltd. $1,581,555.00 PIN In addition to the contract amount, $75,000.00 is required for construction staking, material testing, and inspection, and $44,000.00 is provided for project contingencies. ,�.. M/ BE —William J. Schultz, Inc. dlbla Circle"C" Construction is in compliance with the City's MIWBE Ordinance by committing to 17 percent MIWBE participation. The City's goal on this project is 17 PIP http://apps.cfwnet.org/council—Packet/mc_review.asp?ID=17003&councildate=711012012 8/8/2012 M&C Review Page 2 of 2 percent. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATIONICERTIFICA-riON: The Financial Management Services Director certifies that funds are available in current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P265 541 200 609170168787 $1,441.842.00 Submitted for City Mana er's Office b Fernando Costa (6122) Oriainatina Department Head: S. Frank Crumb (8207) �. Additional Information Contact: John R. Kasavich (8480) ATTACHMENTS 60MEDP8-CIRCLEC MAP.doc http://apps.cfwnet.org/council—packet/mc—review.asp?ID=17003&counc'lldate=711 012012 8/8/2012 r ADDENDUM NO, I CITY OF FORT WORTH WATER DEPARTMENT MEDICAL DISTRICY'FART S-WATER DISTRIBUTION SYSTEM IMPROVEMENTS ON BRADNER ST,BROADWAY ST,HENDERSON ST, MAGNOLIA AVE,ST, LOUIS AVE AND S MAIN ST FOR THE JPS HEALTH NETWORK AND THE DANNON COMPANY . P0 City project No. 01687 DOE No. 6786 Addendum No. 1.Inue Date; Apr"!27,2012 This addendum forms part ofthe Contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents inside). Note receipt of Addendum in the Bid Proposal and on the outer envelope of your bid. � P P SPECIFICATIONS s x• q. t- ■ Specification 33 OS 17---Concrete Collars 1.2 PRICE AND A N PAYMENT PROCEDURES o Section 1.2.A.La, REPLACE "Measurement for this Item shall be per each," with "This Item is considered subsidiary to the structure or Items being placed." o Section 1.2.A.I.b, UELACE "The work performed and the materials furnished in accordance with this Item shall be paid for at the unit price bid per each "Concrete Collar" • installed," with "The work performed and the materials furnished in accordance with this Item are subsidiary to the structure or Items being placed and no other compensation will be allowed." • Specification 33 12 11--Large Water Meters 4 1.1 SUMMARY °! o Section 1.1.D.1 U, REPLACE "Standard Detai I — 3 3 12 l 1-D 117" with "Standard Detail -- 33 12 11-D119." 2.2 EQUIPMENT, PRODUCT TYPES, MATERIALS o Section 2.2.A.S, REPLACE"Standard Detai I—3 3 12 11-D 117" with "Standard Detai I--3 3 12 11-D 119.P1 3.4 rNSTALLATION o Section 3.4.A REPLACE "Standard Detai I -- 33 12 11-D 117" with "Standard Detail -- 33 12 1 I-D 1 19." t ADDENDUM NO. 1 005243-1 Agreement Page I of 1 SECTION 0052 43 AGREEMENT 3 THIS AGREEMENT, authorized on _ is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ;: "� a Circle C Construction corn any • � � Crty �, and William J.Schultz,Inc.,Ins.. _ ^ . � P . authorized to do business In 6 Texas,acting 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: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the I I 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 Uectical QLyrict Part 8-�Yrrte �istrihution Sys em��Woye�i�nt�on Baader Street Broorlway 16 Street. so Scree famnolia Avenue Louis Avenue, and.SoAtli plain t, 11 DOE#4786. Ci Pro'ect Number 01687 18 Article 3,CONTRACT'TIME 19 3.1 Time is or the essence. 20 All time limits for Milestonea, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 180 days after the date when the 2;9 Contract Time commenccs to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 su tf`er financial loss if the Work is not completed within the Mmes specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. Vic Contractor also recognizes the delays, expense and difficulties • 30 involved in proving in a legal proceeding the actual loss sintered by the City if the Work 31 is not completed on tune. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City SAY Htttuireti Twetro Five Dollars 6625.00 for each day that expires after the t irne 34 specified in paragraph 3.2 for Final Acceptance until the City issues the Final setter of 35 Acceptance, CITY OF FORT WOWFI-1 lrledicat District Part S- STANDARD CON.TMUC710N SPF.CIFICA-riom DOCUNIUN IS City Project Number 0687 Reviscd June 4,2012 005243-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the work in accordance with the Contract 38 Documents an amount in current funds of One Million Four Hundred Forty One Thousand Eight 39 Hundred Forty Two Dollars and No Cents($1,441,842.00) . 40 Article S. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. �. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Medical District Part 8- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01687 Revised June 45 2412 10 PM 005243-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification urovision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages beinp. �. 82 sought were caused in whole or in part,,,part^by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city, arising out of,or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is apecif calms intended to operate and be effective even if it is alleged or 93 proven that all or some of the dames beina sought were caused in whole or in part, 94 bv anv act omission or ne li ence of the ci 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article i of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severabil ity. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Medical District Part 8- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 0687 Revised June 4,2012 005243-4 Agwtnwnt rage 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least miniMLIM wage per ho«r for all labor as the same is 118 classified, promulgated and set otit by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of ;authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 w.r 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 129 Contractor: City of Fort loo h .. William J. Schultz,Inc. dba Circle C Construction Company Fernando Costa AS5l5ta31t City Manager .0-0, ` �1 (signature) � o�0^0_0 Date g Q° o o Teresa S. Skelly Attest; a a a a a (Printed ]dame) Mary y �o 0�� City, ere ary o o0 0 �. (Seal) x°000000 *Ay Title: Vice President 0 Address: P. 0.Box 40328 M&C & 500 W. Trammell Date: 1 U 12� ` C /Slate/Z'p; Fort North,TX 76140 Approved as to Form and Legality:JL-'�G V�, . W Date Douglas W. 131ack Assistant City Attorney 129 � 134 31 A PPROV L RECOMMENDED: �R 132 133 OFFICIAL RECORD 135 rFF SECRETARY rwok t�rimb 136 „�. DIRECTOR, 137 wo"141 Kiter De artinetit Clrry OF FORT WOR"111 'Medical District Part 8- STANDARD CONgrRUcLrION s FCIFtCA"i'io 4 1]t]CU 11.N,rs Ci[y Project Number 0687 Revised June 4,2012