HomeMy WebLinkAboutContract 41476 CITY SECRETARY
CONTRACT N0. I
C FORTWORTH
SPECIFICATIONS AND CONTRACT DOCUMENTS
C
FOR
L;
SANITARY SEWER RELOCATION FOR THE
LITTLE FOSSIL CREEK FLOOD CONTROL IMPROVEMENTS
ITY SECRETARY PROJECT
CONTRA(-,!O 'S C�ND;(�:S HALTOM CITY, TEXAS
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CON��TRUC'10C 1`5 � p
!- t %Ar Project No. P258-541200-700170132383
City Project No. 01323
DOE No. 6319
X-21288
JULY 2010
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayor City Manager
S. Frank Crumb, P.E.
Director, Water Department
William A. Verkest, P.E.
Director, Transportation and Public Works Department
PREPARED FOR:
The City of Fort Worth
Water Department P:�E,oFrE ,��
S�s•• ' �•
PREPARED BY:
U
OEM mom HALFF• era
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HALFF ASSOCIATES, INC. 111:111D
OFFICIAL RECORD 4000 FOSSIL CREEK BOULEVARD
CITY SECRETARY FORT WORTH,TEXAS 76137
FT WORTH, TX TBPE FIRM NO. F-312
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/16/2010
DATE: Tuesday, November 16, 2010 REFERENCE NO.: **C-24601
LOG NAME: 60LITTLE FOSSIL CIRCLE C
SUBJECT:
Authorize a Contract in the Amount of$445,719.00 with William J. Shultz, Inc., d/b/a Circle "C"
Construction for the Sanitary Sewer Main 292-C Relocation for the Little Fossil Creek Flood Control
Improvements Project for the Water Department
RECOMMENDATION:
' It is recommended that the City Council authorize the City Manager to execute a contract in the amount of
$445,719.00 with William J. Schultz, Inc., d/b/a Circle "C" Construction for the Sanitary Sewer Main 292-C
Relocation for the Little Fossil Creek Flood Control Improvements Project for the Water Department.
DISCUSSION:
Halff Associates, Inc., developed plans and specifications to relocate a portion of Sanitary Sewer Main
292-C as part of a larger flood control project for Little Fossil Creek in Haltom City. This existing City of
Fort Worth sanitary sewer main is located within the future channel of Little Fossil Creek as proposed by
the US Corps of Engineers and must be relocated before the channel project may be constructed.
The engineering, land acquisition and construction costs to relocate the sanitary sewer main are the
responsibility of the City of Haltom City as part of the flood control project. However, the City of Fort Worth
Wastewater Master Plan recommended a larger diameter pipe to meet capacity needs in this basin. The
City of Fort Worth and the City of Haltom City agreed on terms to share costs of this project and this cost
sharing agreement was approved by City Council on June 8, 2010 (M&C C-24250).
' This project was advertised for bids in the Fort Worth Star-Telegram on August 12, 2010 and August 19,
2010. On September 9, 2010 the following bids were received.
' Contractor IlTotal Amount Bid Alternate B lContract Time
William J. Shultz, Inc.
1 d/b/a Circle "C" Construction $445,719.00 90 Calendar Days
Jackson Construction $488,066.00
Davis Excavation, Inc. $478,043.22
Lewis Contractors, Inc. $551,372.00
Utilitex Construction, LLP---11 $506,159.00
S. J. Louis Construction of $613,808.38
Texas, Ltd.
Wright Construction Co. Inc. $569,238.00
Conatser Construction TX, LP $570,793.50
Gin-Seen, Inc. $622,905.00
http://apps.cfwnet.org/ecouncil/printmc.asp?id=14356&print=true&DocType=Print 1/4/2011
Page 2 of 2
IArk Contracting Services, LLC II $662,647.00
Atkins Brothers IF $662,574.00
The City of Fort Worth share of the project cost to increase the diameter of the relocated pipeline is
$157,832.00. The City of Haltom City will reimburse $287,887.00 to Fort Worth for their share of the
construction costs.
William J. Schultz, Inc., d/b/a Circle "C" Construction is in compliance with the City's M/WBE Ordinance b
P Y Y
committing to 10 percent participation. The City's goal on this project is nine percent.
In addition to the contract cost, $7,500.00 is needed for construction staking, project management, I
materials testing and inspection and $22,285.00 is provided for contract contingencies. f
This project is located in HALTOM CITY. t
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FISCAL INFORMATION
TION /CERTIFICATION:
The Financial Management Services Director certifies funds will be available in the current capital budget,
as appropriated, of the Sewer Capital Projects Fund.I
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
P258 541200 700170132383 $468,004.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
S. Frank Crumb 8207
Originating Department Head: ( )
Additional Information Contact: Madelene Rafalko (8215)
ATTACHMENTS
1. 6QLittle_Fossil Circle C__FAR.pdf (CFW Internal)
2. 60LITTLE_FOSS_IL_CIRCLE_C_MAP.Pdf (Public)
3. Little Fossil Circle C NIIIVBE Compliance pdf (CFW Internal) I
I
http:H apps.cfwnet.org/ecouncil/pri ntmc.asp?id=14356&print=true&DocType=Print 1/4/2011
OCITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the day of A.D., 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
William J. Schultz, Inc., dba Circle "C" Construction Company, ("Contractor"). Owner and
Contractor may be referred to herein individally as a"Party"or collectively as the"Parties."
WITNESSETH: 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 follows:
Sanitary Sewer Relocation for the Little Fossil Creek Flood Control Improvements Project—Sanitary Sewer
M-292-C,Haltom City,Texas—Sewer Project No.P258-541200-700170132383,City Project No.01323,DJOE
No.6319
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 the City Council of the City of Fort Worth within a
period of 90 Calendar days.
OFFICIAL RECORD
C-1 CITY SECRETARY
FT. WORTH, TX
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$210.00 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.
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 Owner 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 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 iniury, 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
iniury or damage is caused in whole or in part by the negligence or alleged negligence of
' Owner, its ofricers, 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 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 of Fort Worth Contract.
7.
' The Contractor agrees, upon the execution of this Contractor, 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. The form of the bond shall be as herein provided
and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas
Code, as amended.
OFFICIAL RECORD
2 CITY SECRETARY
FT.WORTH,TX
' 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 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
' 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. The agreed upon total Contract amount(including/excluding)alternates Bid
Alternate "B"—48" Fiberglass Pipe, shall be.Four Hundred Forty-Five Thousand, Seven Hundred
Nineteen and No/100 Dollars,($445.719.00).
' 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 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.
1
' OFFICIAL RECORD
CITY SECRETARY
C-3 FT, WORTH, TX
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 ,A.D.,2010.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
DIRECTOR,WATER DEPARTMENT ASSISTANT CITY MANAGER
ATTEST:
William J. Schultz,Inc., dba
Circle"C"Construction Company
CONTRACTOR oaat�n
CITY SECRETAR cr° (�7n+1m�.a
(S E A L) p o*°f 0000Q� �A
BY: �f �a U(o®� WOo Q��
Contract huthoriaatiOIR �°o xd
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Teresa S. Skelly, Vice-President �,�A �
TITLE Date �� ixjkl�
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706D FORM AND LEGALITY:
P. O.Box 40328,Fort Worth„ TX 76140
ADDRESS
ASSISTANT CITY ATTORNEY
f
OFFICIAL RECORD
CITY SECRETARY
C-4 FT. WORTH, TX