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� SPECIFICATIONS AND CONTRACT DOCUMENTS
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SANITARY SEWER REHABILITATION CONTRACT, LXXXI (81)
CITY PROJECT No. 01500
� Water No. P253-605170150083
SRF No. P254-705170150083
Sewer No. P258-705170150083
DOE No. 6591
May 2012
Betsy Price
Mayor Tom Higgins
City Manager
S. Frank Crumb, P.E.
�. Director, Water Department
Doug W. Wiersig, P.E.
� Director, Transportation and Public Works Department
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PREPARED FOR:
The City of Fort Worth
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OFFICIAL RECORD (g17)870-2422
CITY SECRETARY TBPE REG # F- 2697
PT.WORTH,TX
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WATER PROJECT No. P253-605170150083
SEWER PROJECT No. P258-705170150083
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/712012 - Ordinance Nos. 20318-08-2012 & 20319-08-
2012
DATE: Tuesday, August 07, 2012 REFERENCE NO.: C-25778
LOG NAME: 60SS81-MEBURNS
SUBJECT:
Authorize Execution of a Contract with M.E. Bums Construction, Inc., in the Amount of$1,228,205.00 for
Sanitary Sewer Rehabilitation, Contract 81 on Childress Street, Killian Street, Wilbarger Street, Collin
Street, Rutan Street and Erath Street and Adopt Appropriation Ordinances (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$232,806.00 from the Water and Sewer Operating Fund in the amount of
$165,400.00 to the Water Capital Projects fund and in the amount of$67,406.00 to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of$165,400.00 and the Sewer Capital Projects Fund in the
amount of$67,406.00 from available funds; and
3. Authorize the execution of a contract with M.E. Burns Construction, Inc., in the amount of
$1,228,205.00 for Sanitary Sewer Rehabilitation, Contract 81.
DISCUSSION:
On December 14, 2010, (M&C C-24655)the City Council authorized an Engineering Agreement with
Neel-Schaffer, Inc., for the preparation of plans and specifications for Sanitary Sewer Rehabilitation,
Contract 81.
This project, provides for the replacement of the deteriorated sanitary sewer and/or water mains as
indicated on the following streets:
Street From ITo Scope of
Work
Childress Vaughn Miller
Street Boulevard Avenue sewer
Killian Street Dowdell Street Miller sewer
Avenue
Wlbarger Vaughn Miller sewer
Street Boulevard Avenue
Logname: 60SS81-MEBURNS Pagel of 3
r-
Shackleford Miller
Collin Street sewer
Street Avenue
Rutan Street Collin Street Howard sewer
Street
Erath Street [Wilbarger Street nox Street Isewe rlwate
The Project was advertised for bid on June 7, 2012 and June 14, 2012 in the Fort Worth Star-Telegram.
On June 28, 2012, the following bids were received:
Bidder Amount Time of
Completion
M.E. Burns Construction, Inc. $1,228,205.09 F230 Calendar Days
lBurnsco Construction, Inc. 1$1,325,217.00
Wood Contractors, Inc. $1,367,945.00
William J. Schultz, Inc. dlbla $1,569,455.99
circle " " Construction, Company
Conatser Construction, TX, LP 1$11566,985.00
ARIL contracting Services, LLCr 1$11667,405.00
Clean Water State Revolving Fund (SRF) funding in the amount of$1,080,205.00 is available towards this
Construction Contract. The balance of$148,000.00 along with funding of$84,808 [$45,000.00 (water:
$10,000.00; sewer: $35,000.00) for construction staking, project management, material testing and
inspection and $39,808.00 (water: $7,400.00; sewer$32,406.00) for project contingencies] are needed
from the Water and Sewer Capital Projects Fund.
M.E. Burns Construction, Inc., is in compliance with the City's MIWBE Ordinance by committing to 27
percent M/WBE participation. The City's goal on the project is 23 percent.
The project is located in COUNCIL DIS-rRICT 5.
FISCAL INFORMATION 1 CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Clean Water State Revolving Fund 2007 Series, and upon approval of the
above recommendations and adoption of the attached appropriation ordinances, funds will be available in
the current capital budgets, as appropriated of the Sewer capital Projects Fund and Water Capital
Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2) P253 476045 605170150OZZ $165,400.00 1,) PE45 538040 0609020 $165,400.00
Logname: f 0SS81-MEBURNS Page 2 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 81712012 -Ordinance Nos. 20318-08-2012 8 20319-08-
2012
DATE: Tuesday, August 07, 2012 REFERENCE NO.: C-25778
LOG NAME: 60SS81-MEBURNS
SUBJECT:
Authorize Execution of a Contract with M.E. Bums Construction, Inc., in the Amount of$1,228,205.00 for
Sanitary Sewer Rehabilitation, Contract 81 on Childress Street, Killian Street, Wilbarger Street, Collin
Street, Rutan Street and Erath Street and Adopt Appropriation Ordinances (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$232,806.00 from the Water and Sewer Operating Fund in the amount of
$965,400.00 to the Water Capital Projects fund and in the amount of$67,406.00 to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of$165,400.00 and the Sewer Capital Projects Fund in the
amount of$67,406.00 from available funds; and
3. Authorize the execution of a contract with M.E. Burns Construction, Inc., in the amount of
$1,228,205.00 for Sanitary Sewer Rehabilitation, Contract 81.
DISCUSSION:
On December 14, 2010, W&C C-24655)the City Council authorized an Engineering Agreement with
Neel-Schaffer, Inc., for the preparation of plans and specifications for Sanitary Sewer Rehabilitation,
Contract 81.
This project, provides for the replacement of the deteriorated sanitary sewer and/or water mains as
indicated on the following streets:
Street From To Scope of
Work
Childress Vaughn Miller sewer
Street Boulevard Avenue
Killian Street Dowdell Street Miller sewer
Avenue
Wilbarger Vaughn Miller
Street Boulevard Avenue sewer
F_ F_
Logname: 60SS81-MEBURNS Page 1 of 3
s
. Shackleford Miller
Collin Street sewer
Street Avenue
Rutan Street Collin Street Howard sewer
Street
E Street [W—ilbarger Street Knox Street [s—ewer/water
The Project was advertised for bid on June 7, 2012 and June 14, 2012 in the Fort Worth Star-Telegram.
On June 28, 2012, the following bids were received:
Time of
Bidder Amount
Completion
M.E. Burns Construction, Inc, $1,228,205.00 230 Calendar Days
Bu rnsco Construction, Inc. 1$1,325,217.00
lWood Contractors, Inc. 1$1,367,945.00
William J. Schultz, Inc. dlbla $1,560,455.00
Circle "C" Construction, Company
lConatser Construction, TIC, LP 1$175667985.00
ARK Contracting Services, LLC. 1$116677405.00
Clean Water State Revolving Fund (SRF) funding in the amount of$1,080,205.00 is available towards this
Construction Contract. The balance of$148,000.00 along with funding of$84,806 [$45,000.00 (water:
$1 0,000.00; sewer: $35,000.00) for construction staking, project management, material testing and
inspection and $39,806.00 (water: $7,400.00; sewer$32,406.00) for project contingencies] are needed
from the Water and Sewer Capital Projects Fund.
M.E. Burns Construction, Inc., is in compliance with the City's MNVBE Ordinance by committing to 27
percent M/WBE participation. The City's goal on the project is 23 percent.
The project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Clean Water State Revolving Fund 2007 Series, and upon approval of the
above recommendations and adoption of the attached appropriation ordinances, funds will be available in
the current capital budgets, as appropriated of the Sewer Capital Projects Fund and Water Capital
Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1&Z) P253 476045 605170150OZZ $165J400.00 1 PE45 538040 0609020 $165,400.00
Logname: 60SS81-MEBURNS Page 2 of 3
1&2) P258 476045 705170150OZZ $67,466.66 1) PE45 538040 0709020 $67,466.66
2} P253 531350 605170150052 $2,000.00 3 P254 541200 705170150083 $1,080,205.00
2) P253 511010 605170150086 $1,000-00 3) P253 541200 665176156683 $148,000.00
2} P253 541200 605170150083 $155,466.66
2) P253 531200 605170150084 $2,000.00
P253 531356 665170156684 $1,000.00
2) P253 531356 605170150085 $4,000-00
2) P258 531356 705170150052 $8,000-00
2) P258 511010 765170156686 $6,000-00
2) P258 541200 705170150083 $32,406.00
2) P258 531200 765170156684 $5,000-00
2) P258 531356 705170 150084 $3,000-00
2) P258 531350 705170 150085 $13,000-00
CERTIFICATIONS:
Submitted for Cily Manager's office Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information contact: S. Frank Crumb (8207)
ATTACHMENTS
1. 60SS 1-MEBURNS Cash Sewer FAR.pdf (CFW Internal)
2. 60SS81-MEBURNS Cash Water FAR.pdf (CFW Internal)
3. 60SS81-MEBURNS COMPLIANCE.pdf (CFW Internal)
4. 60SS81-MEBURNS MAP.pdf (Public)
5. 60SS81-MEBURNS SRF Sewer FAR.pdf (CFW Internal)
6. 60SS81-MEBURNS P253 AO12.doc (Public)
7. 60SS81-MEBURNS P258 AO12.doc (Public)
8. PE45-538040-0609020.docx (CFW Internal)
9. PE45-538040-0709020.docx (CFW Internal)
Logna.me: 60SS81-MEBURNS Page 3 of 3
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the day oV '-A � r
-�;�20 , 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 M.E.Burns Construction Inc, ("Contractor"). Owner and Contractor may be
referred to herein individually 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:
FOR: Sanitary Sewer Rehabilitation Contract 81
That the work herein contemplated shall consist of the Contractor 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 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 a 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.
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 Water Department of the City of Fort Worth and City Council of the City of Fort
Worth within a period of Calendar 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
�s the General Conditions, there shall be deducted from any monies due or which may thereafter
6/17/09 C-1
No
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.
6.
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 iniurv. damage or
death is caused, in whole or in part, by the ne Iigence or alleged negligence of owner, its
officers servants or em to ees. 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 in[ury
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 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.
6/17/09 C-2
ON
no
7.
go 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 the amount of the Contract. -rhe 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.
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 protection of all claimants supplying labor
and material in the prosecution of the work.
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 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. -rhe agreed upon total Contract amount
(including/excluding) alternates (NIA), shall
be ONE MILLION TWO HUNDRED TWEENTY EIGHT THOUSAND TWO HUNDRED
FIVE DOLLARS AND ZERO CENTS ($1,228,206.00) Dollars,
'• 9.
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 classified, 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
4W Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth
we 6/17/09 C-3
PM
No
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 $ counterparts with its corporate seal attached.
Done in Fort Worth, Texas this the day of 9 r '' 2012
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APPROV RECOMMENDED: CITY OF FORT WORTH
BY:
DIRECTO+ , WATER DEPARTMENT ASSISTANT CITY MANAGER
ATTEST:
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APPROVED AS TO FORM AND LEGALITY:
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ASSISTANT CITY ATTOR Y
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SECRSTARY
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6117/09