HomeMy WebLinkAboutContract 41477 CITY SECRETARY
CONTRACT NO. �l
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FORTWORTH
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SPECIFICATIONS AND CONTRACT DOCUMENTS
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D HEMPHILL WEST QUIET ZONE
FROM LIPSCOMB ST TO JENNINGS AVE
TxDOT CSJ 0902-48-686
CITY PROJECT No. 00260
TPW No. GR75-541200-020302158300
DO NOT DISASSEMBLE
August 2010
0
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayer City Manager
William A. Verkest, P.E.
Director, Transportation and Public Works Department
S. Frank Crumb, P.E.
Director, Water Department
Richard Zavala
Director, Parks and Community Services Department
PREPARED FOR:
The City of Fort Worth
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CITY COUNCIL AGENDA FORTWORTI1
COUNCIL ACTION: Approved on 1/25/2011
DATE: 1/25/2011 NEOFERENCE.,.,C-24693 NAME: 20HEM PHI LLWESTQZCONSTRUCTIONCONTRACT
CODE: C TYPE: CONSENT HEARING:PUBLIC NO
F SUBJECT: Authorize the Execution of a Contract with Ed A. Wilson Company, Inc., for Street Construction
Improvements Required to Create the Hemphill West Quiet Zone in the Amount of$258,438.00
C (COUNCIL DISTRICT 9) h
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Ed A.
Wilson Company, Inc., for the installation of medians and other street improvements necessary to
establish the Hemphill West Quiet Zone in the amount of$258,438.00
DISCUSSION:
On December 19, 2006, (M&C G-15544) the City Council authorized execution of a Local Project
Advance Funding Agreement with the Texas Department of Transportation and acceptance of grant
funds in the amount of$856,080.00 for the design and construction of the Hemphill West Quiet Zone.
The Hemphill West Quiet Zone project includes five railroad crossings, Lipscomb Street, Capps
Street, Hemphill Street, Page Avenue and Jennings Avenue. This contract provides for safety
improvements at these railroad crossings for creating a quiet zone.
The project was advertised for bid on August 19, 2010 and August 26, 2010, in the Fort Worth_Star-
Telegram. The following bids were received:
BIDDERS AMOUNT
Ed A. Wilson Company, Inc. $258,438.00
Staff considers Ed A. Wilson Company, Inc.'s, bid to be fair and reasonable and recommends
approval.
Ed A. Wilson Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 13
7 percent M/WBE participation and documenting good faith effort. Ed A. Wilson Company, Inc.,
identified several subcontracting and supplier opportunities. However, the M/WBE's contacted in the
areas identified did not submit the lowest bids. The City's goal on this project is 18 percent.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1)
GR76 541200 020302157830 $258,438.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: William Verkest(7801)
http://apps.cfwnet.orv-/council packet/mc review.asp?ID=14598&councildate=1/25/2011 1/25/2011
r M&C Review Page 2 of 2
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t Additional_Information Contact: George Behmanesh (7914)
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ATTACHMENTS
(' Hemphill West M&C map 5 circles 201010.pdf
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htto://anos.cfwnet.ore/council oacket/mc review.aso?ID=14598&councildate=1/25/2011 1/25/2011
CITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This agreement made and entered into this the 25 day of JANUARY A.D., 2011, 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
11 th 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, ED
A.WILSON COMPANY,INC., 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:
HEMPHILL WEST QUITE ZONE-FROM LIPSCOMB ST TO JENNINGS AVE
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
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.
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
Worth within a period of Two Hundred (200)days.
OFFICIAL RECORD
CITY SECRETARY
47 YMORTH, 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 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.
6
' 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
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 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 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 o
under a City Contract.
OFFICIAL RECORD
7. CITY SECRETARY
FT. WORTH, TX
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
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 TWO HUNDRED FIFTY EIGHT THOUSAND FOUR HUNDRED THIRTY EIGHT
DOLLARS AND ZERO CENTS... Dollars,($258,438.00).
' 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 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
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 7
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 7 counterparts with its corporate seal attached.
Done in Fort Worth, Texas,this the 25 day of JANUARY,A.D., 2011.
OFFICIAL RECORD
CITY SECRETARY
! FT. WORTH, TX
APPROVAL RECOMMENDED: CITY OF FORT WORTH
WILLIAM A. VERI T,P.E.
DIRECTOR, DEPARTMENT OF
TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER
ATTEST: contract Authorization
ED A.WILSON COMPANY,INC. DatO
' 2526 W.PAFFORD ST
FORT WORTH,TX 76110
' CONTRACTOR
CITY SECRETARY
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OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH, TX