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Cffy SECRETARY
CONTRACTNO1.
SPECIFICATIONS AND CONTRACT' DOCUMENTS
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WATER & SEWER MAINREPLACEMENTS
1j 2013A
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PROJECT NUMBERS:
WATER P253-6011170203883
SEWER 258-70117003883
CITY PROJECT NO. 02038
r TO O. 682
THOMAS,NOVEMBER 2012
BETSY PRICE M. HIGGINS
MAYOR CITY MANAGER
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S. FRANK CRUMB, P.E. ""' DIRECTOR
WATER DEPARTMENT
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&C - Council Agenda Page I of 3
City of Fort Worth, Texas
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COUNCIL AGTION: Approved on 3/19/2013 - Ordinance Nos. 206,63-013-2013, & 20664-03W,
20,13
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DATE: Tuesday, March 19, 2 113 REFERENCE Igo.: C-26,115
LOG NAME: 60WSR2013A-CIRCLEC,
SUBJECT:'
Authorize Execution of Contract with William J.. Schultz Inc. d b a Circle "C" Construction Company, in the
rnount of 3,000,000.00 for Sower Main Raplacermients, Contract.Igo. 2013A at Various Locations
Throughout the pity of Fort Worth, Plrovi,de for Additional Costs and Contingencies for Total Project in the
Amount of$3,,328,600.00 and Adopt Appropriation ordinances (ALL COUNCIL DISTRICTS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer in the amount of X3,328,600.00 from the Water and Sower operating Fund, the
amount of$ ,664,300..00 to the Water Capital Projects Fund' and the amount of$1,664,300.00 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 f$11,664,300.00 and i....n the Sewer Capital Projects Fund....., in the
amount of$11, 04,300.00 and
31. Authorize the execution of a contract with William J. Schultz Inc. d b a Circle "C" Construction
Company,i in the amount of$3,000,000.00 for Water and Surer Main Replacements, Contract Flo. 2 3A.
ISCUSSIo
The work to be performed under this contract consists of replacing and oir relocating water and sewer
mains, services, and other pertinent construction, required to provide water and sewer service to ind'ivid'ual
customers or developers.
The hid documents included a stipulation that the total quantities listed may not reflect actual quantities
and that the amount budgeted for the projects is$3,0010,000.00. Final payments will be made based on
actual measured quantities.
The project was advertised on November 20, 2012 and December 6, 2012 in the Fort"worth Star-
Telegram. On December-2 ', 201 , the following bid's were received.-
BIDDERS BID A OUN- TIl of C N C�
WI'lliarn J. Schultz Inc. d b/a $21665,030.50 365 Calendar Days
Circle "C" Construction
Co any
Conatsor Construction TX, LP $2,992 1;987-50
Atkins Bros 1$4,019,372.501
Ark Contracting Services, LLB $415281 92.50
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M&C - Council Agenda Page 2 of 3
Mi/WBE Office.- William J. Schultz Inic., d/'b/a Circle "C" Construction Company is in compliance with the
City's BDE Ordinance by committing to eight percent MBE participation and documen�ting, good faith,
effort. William J., Schultz Inc. di/b/a Circle "C" Construction Company identified several su contracting and
supplier opportunities. However, the MBEs contacted in the a,reas identified did, not submit the lowest
bids. 'The City's goal1,� on this project ect is '15 percent.
In addition,to construction cost, $�91 ,0010.00 contingency is provided for possible change orders,, and
$238,,600.00 is required for design, material testing, as-built mapping, real property acquisitions, design
survey, and conistr uction staking.
This project is located in ALL COUNCIL DISTRICTS.
.............. ...............
IFISCAL INFORMATION /CER-111011FICATION:
The Financial Management Services Director certifies that upon approval, of the above recommendations
and the adoption of the attached appropriation ordinances,funds will be available in the current capital
budget, as appropriated, of the'Water Capital Projects Fund and the Sewer Capital Projects Fund.
............ ............ ....... ........
FUND CENTERS,,
TO Fund/Account/Centers FROG I F'u nd/Ac,cou nt/Centers
1L2)P253 4760,45 601117 2038Z $1,16641300-00, 1 E4 51380170 0161090201 $1,616_423001.00
Z)lP253 5110,10 701170203830 130000.00 IIPE 5,38070 071090,20 $1,664
_,300.00
2)P253 541100 701170203841 J.5.000.00; 258 541200, 701170203883 11,500J000.00
Q 25 53,1350 70117'0203842 15
,000.00 31P253 541200 60 2, 388 Li 1510-0.0100-00
Q P253 5312001 7011702038511 $5,000-00
2) P253 531350 701170203851 $3,000-00
2), P253 531200 701170203852'. 15,000.00
2) P263 531350 70117020385,2 110-,000-00:
2) P253, 531350 701170203853 15000.00
21 P,253 5313501 7011 203873 52J00,0
2)P253 5110110 70117020,3880 $5,000.�00
QP253 533010 701170203881 $300.00
2)P253, 5330310 7011702013881 11 0010
21 a253 541200 701170203,883 J].,545,000.00
2)P253 531,2010, 701,11702,03884 $74000.00
2) P258 531350, 701170203884 121000.00
2,)E 253 53135,01 701170203885 130,000.00
2) P253 531350 701170203891 11,000-00
Q P253 531,350 701170203892 $1,000-00
2) P253 531350 70111 '0,20138913 $1."000.00
2) P253 531350 601170203894 $1,000.20
1&2) 258 4760,45 7'011702038ZZ $1,664A300.00
2) P2.58 511010 701170203830 530JO001.0!01
2)_P258 541100 701170203841 L5,0001.0O
R 2 8 53135,0 7011702013842 150 0.0ci
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21 E258 531200 "011X02"03851 $51000.00
,Q P2 1350 701170203851 131000.00
2)P2518 531200 7'011170203852 5jOOO.001
2).__P258 531350 701170203852 $103000m
Q._P258 531350 701170203853 15,000.00
2) P258 531350 701170203873 12jOOO.00
P258 51110;10 701170203880 15,000.00
Q P258 533010 701170203881 1300.00
21 E�258 533030 7011702038811 $1 1000-00
Q
2.5 8 541200 7011701203883
2)P2,58 531200 701170203884 JLOOO.00
2)1 °258 531350 701170203884 12,000.00
2), 1258 5311350 70,1170203885 $30J000.00
Q P258 531350 701170203891 $1_.00,0.00
2)P258 531,350 70117020 92 11,000.010
2)P2�58 531350 701170203893 11,000.00
P258 531350 701170203894 1 J000.00
..........
CERTIFICATIONS:
Submitted or Cif Mangger's Office by:. Fernando Costa (6122),
0 iginating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Adolfo Lo ez (78291)
ATTACHMENTS
1. 60WSR20,13A-CIRCLEC COMPLIANCE.pdf (CFW Internal),
2. 60WSR2013A-CIRCLEC Sewer FAR.-12df (CFW Internal)
3. 60WSR2013A-CIRCLEC Water FAR.12df (CFW Internal')
4. 60WSR2013A-CIRCLEC, P253AO13v2,doc (Pub,lic)
5. 60WSR2013A-CIRCLEC P258AO,13v2.doc (Pubilic)
6. 'PE45-538040-0609020.docx (CFW Internal)
7. 1PE45-538040-0709020.docx (CFW linternal')
http://apps.cfwnet.org/ecounc,i I i/I pnntmc.asp?id:=l 8091&print=true&Do cType-=Print 3/22/20 13
FoR WV., I n
P
'WATER & SEWER MAIN REPLACEMENTS
U CONTRACT' 1 .
S' 1 3 "'
P 'C
WATER:. . 536447023
SEWER. P258-70147020388
ADDENDUM
HUB'
Release ate: December 17,
Information Bidders:,
u Replace MWBE documents contained witin the S ec atioins and Contact
Documents with the attached MBE documents, Business Diversity
Enterprise dinanc 20020-12-2011.
u
P'lea,se acknowledge receipt of the Addendurn in the bid proposal and on the outs e of
the sealed envelope.
S. Frank Crumb, P.: .
Receipt Acknowledged-, Director, titer Department
y
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J e!e e P.E.
Engineering Services
WATER DEPARTMENT
ENGINEERING D FisCA SERVICES
HE CITY OF FORT WORTH * 10,001 THROCKMOVON STREET * FORT WORTH, TEXAS
817-392-8240 FAx 817-392-8195
CITY of FORT WORTH, TEXAS
CONTRACT
1"'M THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
, �
COUNTY OF TAR NT
MAR 19 201:
MIN This Contract made and entered into, this the day of
20131 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, ("Olw,n:er")�, and Willi!na J'. Sch�u1t Inc., � a Circle C Construction
', C m any, ("Contractor"). Owner and Contractor may be referred to heroin indi idali as a
",Party" or collectively as,the `'Parties."
WIT JESSETH: That said parties have agreed as follows:
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 foillows.
Water& Sewer Maln Replacements lacements Contract 201
Project Numbers:
Water— P253-601170203883
Sewer P2581-701170203883
CIty Project lN'o. 02038
T of No. 6982
2.
IMP That the work herein contemplated shall' consist of furnishings 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 Flans and
Specifications and Contract Documents are hereto attached and made a pert of' this Contract
the same as if written herein.
3,
The Contractor hereby agrees and binds himself to commence the construction of said
work within ton 1 days after being notified in writing to do so by the "mater Department of the
City of Fort North.
6/117/09 C-1
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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 Depertmlent of the City of Fort Worth and the City Council of the City of
Fort Worth within e period of three hundred silty fivel (365) Calendar days.
If the Contractor should fail to complete -the work as set forth in the Flans and Specifications and
Contract Documents within the time so stipulated, plus any additional time allowed as provided
in the General Conditions, there shall be deducted from any monies due or which may
�, thereafter become due him, the sum of N/A per working day, not as a penalty but as liquidated
damages,, the Contractor and its Surety shall be liable to, the Owner for such deficiency.
P�,
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, there the warner shall have the
right to either demand the surety to tale overt the work and complete same in accordance with
the Contract Documents or to tale charge of and complete the work in such a manner as it may
deem proper, and if in the completion thereof, the cost to the squid Owner shall exceed the
contract price or prices set forth in the said Plans and Specifications made, a part hereof, the
1I,,, Contractor and/or its Surety shall pay Owner on demand in writing, setting forth and specifying
an itemized statement of total cost thereof, said excess cost.
6.
Contractor covenants and agrees to indemnify Owner, Owners Engineer and Architect,
and their personnel at the project site for Contractor's sole inegligence. In addition, Contractor
colvenants 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 he performed hereunder by Contractor, its officers, agents, employees,
subcontractors, licensees or invitees, whether or not any such iniu iaM a or death is
caused in whole or in art the rye li enwoe oar all + rye 1i er�oe of ow ner its
Mo officer servants,is or employees. Contractor likewise covenants and agrees to indemnify and
old harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damag�e,l loss or destruction to property of the Owner arising from the
performance a of aiiy of the terms and conditions of this Contract, whether or not any such
in.0 r damage is caused iru whole le o►r it part bv the ne li emwoe r r aulle eel rwe Ii ergo
Owner er it, oirricers seirvanr to or employee
PIP
In the event owner receives a written claim for damages ,a-ainst the contractor or its
subcontractors prior to, final payment, final payment shall not be made until Contractor either e
submits to owner satisfactory evidence that the claim has been settled and/or a release from
the claimant involved, or b" provides Owner r with a letter, from Contractor's liability insurance
carrier thatthel claims has been referred to the insurance carrier.
PR
The Director may, if he 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.
N
6/17/09, C-
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7.
The Contractor agrees, upon the execution of this Contract, and before beginn'in�g work,
to make, execute and deliver to City of Fart Worth the following bonds in the name of the City of
1M Fort Worth in a sum equal to the amount of the: Contract. The, form of the bend shall be as,
herein prov ided and -the su!relty must first be acceptable to the City of Fort Worth. All bonds
furnished hereunder shall meet the requirements of the 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 periold of 45 calendar days from the
date the work has been completed and accepted by the Corner.
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 the 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 Flans, Specifications, and Contract Documents. said bond shall solely be
for the protection of the owner..
D. A Two-year Maintenance Blond in the name of the Owner is required for all
projects to insure the prompt, full and faithful performance of the general guarantee contaiined 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
Frolposal submitted by the successful bidder hereto attached and made a part hereof. Payment
will be made in monthly installments uipon actual work completed by contractor and accepted by
the owner and receipt of' invoice from the Contractor. The agreed uiplon total Contract amount
0 incliuding/excluding) alternates n/a, shall be Three Million and 010/100 Collars,
($310001000-001).
g.
It its further agreed that the plerformance of this Contract, either in whole or in part, shall
I r1l not be sublet or assigined to anyone else by said Contractor without the wriitten consent of the
Owner. Any request for any sublease or assignment shall be made in writing and subrnitted to
the Dlirector of the Water Department.
10.
The Contractor, agrees to pay at least the miinimum wage per hour for all labor as the
same is classified, promulgated and set out by the City of' FortWorth, Texas, a dopy of which is
attached hereto and rude a part hereof-the same as if it were copied verbatim herein.
N_ 6/17/091 C-31
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i is mutually agreed and underst that t r Contract i n entered into the
Parties, hereto t references to the existing and Oirdinances of the City of Fort Worth
and the laws of the State of Texas with references, to, and governi atters affec g this
contract, and the ontr�wct �r agrees to f c t all the provisions of the adme.
INWITNESS THEREOF, the City of Fort Worth has, caused this, i s,trument to signed
counterparts in its name and! n its behalf the City Manager Fund attested by its Secretaryl
with the corporate seal of the City of Fort Worth attached. The Contractor has executed this
instrument th�rou�gh its ui y authorized officers in 4,counterparts with its corporate seal attached.
Done in Fort Worth, Texas, MAR 19 2013
�� .,
P,c;,
APPROVAL RECOMMENDED: CITY OF FORT WORTH
BY: ��
DEPARTMENT t5lREdt0R, 'WAT1ER
ATTEST.-
�*11,110a,m, J. Schultz, Inc. dba
00
CONTRACTOR
CITY E
S E A L�
By. 7
Teresa S. S kel Iy
319
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APPROVED,
P. . Box 40321_ Form'W'orth, TX 761
ADDRESS,
ASSISTANT CITY ATTORNEY'
6/17/09 C-
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W.,.