HomeMy WebLinkAboutContract 41428 CITY SECRETARY
CONTRACT NO.
a
CITY OF FORT WORTH, TEXAS
*µ 2010
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
LAKE WORTH MAINTENANCE "HAZARD STUMP REMOVAL"
PROJECT NUMBER : WTR-2010-560040
SEARCH WITH UNIT I — H DRAG-BAR& MANUAL RAKE THE GENERAL
BOATING USE AREA"A" INCLUDING THE
PLACEMENT OF TEMPORARY MARKER BUOYS AND RECORD
THE GPS LOCATIONS OF ALL DISCOVERED BOATING
HAZARDS TO WITHIN ONE (1)FOOT OF THE LAKE BOTTOM
UNIT II —REMOVAL OF DESIGNATED DISCOVERED BOATING HAZARDS
FOUND BY UNIT I'S SEARCH EFFORTS
UNIT III —REMOVAL OF DESIGNATED STUMPS THAT ARE NOW KNOWN
' TO EXIST IN AREA'S : B1,B2,C,D,F,G,H1,H2,J,K
PROJECT NUMBER : WTR-2010-560040 OFFICIAL RECORD
CITY SECRETARY
FT. �IIORTt#, TX
MIKE MONCRIEF �•�••�•�,�
MAYOR y�P�E OF T��
DALE FISSELER, P.E. ; i .. a�� J�....
CITY MANAGER 3 ALTER,W. »...•j
FRANK CRUMB, P.E.
DIRECTOR,WATER DEPARTMENT
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CITY OF FORT WORTH, TEXAS
CONTRACT
` i THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the 9"'day of November, 2010
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 Apeck 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 I.
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: LAKE WORTH MAINTENANCE "HAZARD STUMP REMOVAL"
PROJECT NUMBER : WTR-2010-560040
2.
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 same ready for the inspection and
approval of the Water Department of the City of Fort Worth and the City Council of the City of
Fort Worth within a period of 120 Calendar Days.
C1_1 0 IFF CIAL RECORD
CITY SECRETA
RY
FT. WORTH, TX I
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$ 210 dollars per calendar day, not as a penalty but as liquidated
damages,the Contractor and its Surety shall be liable to the Owner for such deficiency.
i 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 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 and 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 the 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 Owner,
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.
In the event Owner receives a written claim for damages against the Contract 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.
G-2
OFFICIAL RECORD
CITY SECRETARY
F WORTH, TX
7.
The Contractor agrees, upon the execution of this Contract, and before beginning work,
to make, execute and deliver to the 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. The 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 contract amount is in excess of$25,000 dollars, 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.
B. If the Contract is in excess of$100,000 dollars, 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.
C. A One-year Maintenance Bond in the name of the Owner is required for this specific
' contract due to the general scope of work being for the removal of stumps and logs
from Lake Worth with no major capitalized improvements.
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. The agreed upon total Contract amount
including Units I, II, 11I, IV shall be:
Two Hundred Eighty One Thousand Six Hundred Twenty Five dollars,
$ 281,625.00
9.
It is further agreed that the performance of this Contract,wither 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 Parties
hereto with references to the existing Charter and Ordinances of the City of Fort Worth 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.
C-3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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 Three(3)counterparts with its corporate seal attached.
Done in Fort Worth,Texas,this the 9"'day of November, A.D., 2010
APPROVAL RECOMMENDED: CITY OF FORT WORTH
Zt 4 BY:
DIRECTOR, WATER DEPARTMENT ASSISTANT CITY MANAGER
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OFFICIAL RECORD
G-4 CITY SECRETARY
FT. NORTH, TX
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M&C Review Page 1 of 2
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Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRoRril
COUNCIL ACTION: Approved on 11/9/2010 -Ord. No. 19425-11-2010 & 19426-11-2010
DATE: 11/9/2010 REFERENCE C-24582 LOG NAME: 60LW MAINTENANCE
NO.: HAZARD STUMP REMOVAL
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize a Contract in the Amount of$281,625.00 with Apeck Construction, Inc., for the
Lake Worth Hazard Stump Removal Project, Authorize the Transfer of$307,027.00 from
Lake Worth Capital Improvement Fund (Gas Wells) to the Lake Worth Trust Fund and
Adopt Appropriation Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Lake Worth Capital Improvement Fund (Gas Wells) by $307,027.00;
2. Authorize the transfer of$307,027.00 from the Lake Worth Capital Improvement Fund (Gas Wells)
to the Lake Worth Trust Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Lake Worth Trust Fund by $307,027.00; and
4. Authorize the City Manager to execute a contract with Apeck Construction, Inc., for the Lake
Worth Hazard Stump Removal Project in an amount of$281,625.00.
DISCUSSION:
This project is designed to enhance boat safety and recreational opportunities at Lake Worth by
removing hazardous stumps and logs from the general recreational use area of Lake Worth. This
project will involve the removal of 42 hazards found in potential dredge areas during the recent Lake
Worth Dredging Design Project. It will also include a detailed stump hazard survey of the general
recreational use area of Lake Worth and removal of additional hazardous stumps found during this
survey.
The project was advertised for bid on June 3, 2010 and June 10, 2010. On July 8, 2010 the following
bids were received:
BIDDER AMOUNT
Apeck Construction, Inc. 11$281,625.00
Boyer, Inc. $317,250.00
Ark Contracting Servic 1$428,540.00
Apeck Construction, Inc., has been determined to be the lowest and best-qualified bidder. In addition
to the contract amount of$281,625.00, $25,402.00 will be appropriated for possible change orders
and contingencies. The total amount requested for this project is $307,027.00.
Apeck Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 31
percent M/WBE participation. The City's goal on this project is 10 percent.
This project is located in COUNCIL DISTRICT 7.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14007&councildate=11/9/2010 1/20/2011
M&C Review Page 2 of 2
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FISCAL INFORMATION/CERTIFICATION:
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 current capital budgets, as appropriated, of the Lake Worth Capital Improvement Fund (Gas Wells)
and the Lake Worth Trust Fund.
TO Fund/AccounVCenters FROM Fund/AccounVCenters
1) C246 446200 601159990100 $307.027.00 2) C246 538070 601159990100 $307,027.00
1) C246 538070 601159990100 $307.027.00 4) FE70 539120 060001002000 $281,625.00
3) FE70 539120 060001002000 $307.027.00
2&3) FE70 472246 $307.027.00
060001002000
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Paul Bounds (8567)
ATTACHMENTS
60LW MAINTENANCE HAZARD STUMP REM Rec 1.doc
60LW MAINTENANCE HAZARD STUMP REM Rec 3.doc
LakeWorthRecUseArea .pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14007&councildate=11/9/2010 1/20/2011