HomeMy WebLinkAboutContract 41406 ✓ ITY SECRETARY -
ONTRACT NO. I
,FORTWORTH
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1
SPECIFICATIONS AND CONTRACT DOCUMENTS
t 2007 CRITICAL CAPITAL PROJECT
(COUNCIL DISTRICT 9)
Part IV - Group 9C
6TH AVENUE (W. JESSAMINE STREET TO W. ARLINGTON AVENUE)
S. LAKE STREET (W. MADDOX AVENUE TO W. MAGNOLIA AVENUE)
HENDERSON STREET (MYRTLE STREET TO W. MAGNOLIA AVENUE)
CITY PROJECT No. 00983
DOE No. 5924
Unit I: Water No. P253-541200-60917-0098383
Unit II: TPW No. C295-541200-20940-0098383
Sewer No. (NONE)
SEPTEMBER 2010
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayor City Manager
William A. Verkest, P.E.
Director, Transportation and Public Works Department
j S. Frank Crumb, P.E.
Director, Water Department
Richard Zavala �E �-
Director, Parks and Community Services Department A A *-4s*
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PREPARED FOR: CARL J. KROGNESS
OFFICIAL fmCO The City of Fort Worth «. .......si86s"•••••--r•�-r
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CITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
h„n JAN 2 5 2011
This agreement made and entered into this the day of A.D. , 20_, by and
between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and
existing under and by virtue of a special charter adopted by the qualified voters within said City on the
11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule”
provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular
meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner,
CPS CIVIL,LLC,HEREINAFTER CALLED Contractor.
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:
2007 CRITICAL CAPITAL PROJECT DISTRICT 9 PART IV GROUP 9C
2.
That the work herein contemplated shall consist of 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 the Department of
Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by
j 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 himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Department of Engineering of the City
of Fort Worth.
afi 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 Department of Transportation of the City of Fort Worth and the City Council of the City of Fort
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Worth within a period of Two Hundred& Seventy (270) 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 the General
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
sum of $420.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his
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 a manner as it may deem proper, and if in the completion thereof, the cost
to the said City shall exceed the contract price or prices set forth in the said plans and specifications made
a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
I6
Contractor covenants and agrees to indemnify City'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 injury,
damage or death is caused, in whole or in Part, by the negligence or alleged negligence of
IOwner, its officers, servants, or employees, 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 injury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner, its officers,
servants or employees..
IIn 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 he deems it 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 Contract.
7.
The Contractor agrees, on the execution of this Contract, and before beginning work, to make,
execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor
t–
and/or materials furnished in the prosecution of the work, such bonds being as provided and required in
Texas Government Code Section 2253, as amended, in the form included in the Contract Documents,
and such bonds shall be for 100 percent (100%) of the total contract price, and said surety shall be a
surety company duly and legally authorized to do business in the State of Texas, and acceptable to the
City Council of the City of Fort Worth.
8.
^- Said City agrees and binds itself to pay, and the said 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. The agreed upon total contract amount(including/excluding)alternates n/a,
shall be ONE MILLION FOUR HUNDRED FORTY-THREE THOUSAND FIFTY-FIVE
DOLLARS AND FIFTY CENTS...Dollars,($1,443,055.50).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
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 agreement is made and entered into by the parties
hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of
Ir 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 8
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 8 counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the day of JAN 2 5 2011 A.D, 20—*
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APPROVAL RECOMMENDED: CITY OF FORT WORTH
7
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WILLIAM A. VERKES7, P.E.
DIRECTOR, DEPARTMENT OF GLk�
TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER
ATTEST:
' CPS CIVIL,LLC
1215 CREST LANE DRIVE Attested by:
DUNCANVILLE,TEXAS 75137 ^
CONTRACTOR
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November 1960
Revised May 1986
Revised September 1992
Revised March 2006
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M&C Review Pagel of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTrl
COUNCIL ACTION: Approved on 1/25/2011 -Ordinance No. 19536-01-2011
DATE: 1/25/2011 REFERENCE NO.: C-24717 LOG NAME: 202007 CCP CD9
PT4 GRPC
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Contract in the Amount of$1,443,055.50, with CPS Civil,
LLC, for Pavement Reconstruction and Water Main Replacement on Portions of Sixth
Avenue, South Lake Street and South Henderson Street and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$640,012.00 from the Water Operating Fund to the Water Capital
Projects Fund in the amount of$640,012.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Water Capital Projects Fund, in the amount of$640,012.00 from available funds; and
3. Authorize the City Manager to execute a contract with CPS Civil, LLC, in the amount of
$1,443,055.50 for pavement reconstruction and water main replacement for the streets listed below.
DISCUSSION:
On March 6, 2007, (M&C G-15621)the City Council authorized the sale of$42,325,000.00 in
Certificates of Obligation for the purpose of funding part of the Critical Capital Needs Program. That
amount included funds for pavement reconstruction at various locations.
On September 16, 2008, (M&C C-23051)the City Council authorized the City Manager to execute an
engineering agreement with Brown and Gay Engineers, Inc., for the design of Sixth Avenue, South
Lake Street and South Henderson Street. Street improvements will include pavement reconstruction;
construction of standard concrete curb and gutter, driveway approaches and reconstruction of
existing sidewalks.
The Water Department has determined that severely deteriorated water line should be replaced prior
to street reconstruction.
Construction Contract Part 4: (Project No. 00983
Sixth Aven lWest Arlington Avenue to West Jessamine Street
South Lake 1west Maddox Avenue to West Magnolia Avenue
South Hen 1west Magnolia Avenue to Myrtle Street
This contract was advertised on September 23, 2010 and September 30, 2010 in the Fort Worth Star-
Telegram. On October 28, 2010 the following bids were received:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14630&councildate=1/25/2011 1/25/2011
M&C Review Page 2 of 3
Bidders Bid Amount
CPS Civil, LLC $1,443,055.50
Conatser Construction TX, LP $1,448,035.25
Stabile & Winn, Inc. $1,476,552.93
McClendon Construction $1,511,557.85
JLB Contracting, LP $1,633,351.87
Jet Underground Utilities, Inc. $1,837,735.00
Time of completion: 270 calendar days
Staff recommends that the base bid submitted by CPS Civil, LLC, be selected, and contract be
awarded to CPS Civil, LLC.
The new pavement will consist of seven inch concrete, over eight inch lime stabilized sub grade with
a seven inch curb. All existing sidewalks, steps and lead walks will be removed and reconstructed.
In addition to the contract cost, funding in the amount of$67,193.00 is included for water construction
survey, project management, material testing, field inspection and project close out. The contingency
funds to cover change orders totals$25,000.00.
In addition to the contract cost, funding in the amount of$128,872.00 is included for TPW associated
costs for survey, project management, material testing, field inspection and project close out. The
contingency fund to cover change orders for pavement reconstruction work totals $26,857.00.
CPS Civil, LLC, is in compliance with the City's M/WBE Ordinance by committing to 33 percent
M/WBE participation. The City's M/WBE goal on this project is 23 percent.
This project is located in COUNCIL DISTRICT 9, Mapsco 76U, V and M.
FISCAL INFORMATION/CERTIFICATION:
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 budgets, as appropriated, of the Water Capital Projects Fund and the 2007 Critical
Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2) 3)P253 541200 609170098383 $547,819.00
P253 476045 6091700983ZZ $640,012.00
C295 541200 20940098383 $895.236.50
2) P253 531350 609170098352 $15,000.00
1)PE45 538040 0609020 $640.012.00
2)P253 531350 609170098380 $1,583.00
2) P253 531350 609170098382 $1,055.00
2) P253 541200 609170098383 $572,819.00
2) P253 531350 609170098384 $7,500.00
2) P253 531350 609170098385 $41,000.00
2) P253 531350 609170098391 $1,055.00
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: William Verkest (7801)
httv:Happs.cfwnet.org/council packet/mc review.asp?ID=14630&councildate=1/25/2011 1/25/2011
M&C Review Page 3 of 3
Additional Information Contact: Gapol Sahu (7949)
ATTACHMENTS
20 2007 CCP CD9 PT4 GRPC AO.doc
202007-C.C-P C D.9-P.-RT-4 GRP C MAP-.r)df
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=14630&councildate=1/25/2011 1/25/2011