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HomeMy WebLinkAboutContract 41532 r l CITY SECRETARY CITY SECRETARY CONTRACT NO. 15 c D,O.E. FILE CONTRACT CONSTRUC CLIENT DE l l SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER SYSTEM REHABILITATION CONTRACT N RACT LTV (65) - PART 1 l l PROJECT NUMBERS: SEWER-P258-704170073087 DOE NO. 3570 CITY PROJECT NO. 00730 In the City of Fort Worth, Texas C 2010 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT J WILLIAM A. VERKEST, P.E. D�Q DIRECTOR, _y- TRANSPORTATION & PUBLIC WORKS f?FT4RY .' I ,I CITY OF FORT WORTH,TEXAS CONTRACT 7 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT If I This Contract made and entered into this the day of , 20 , 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 Utilitex Construction, LLP, ("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. 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: Sanitary Sewer System Rehabilitation Contract 65—Part 1 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 City Council of the City of Fort Worth within a period of 180 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 all the General Conditions, there shall be deducted from any monies due or whit Oma 0 A CORD CITY SECRETARY FT. WORTH, TX 6/17/09 C-1 become due him, the sum of$420.00 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 cant'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 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 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 inlury, damage or death Is caused, in whole or in [)art, by the negligence or alleged nealluence 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 [)art by the nealiaence 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 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. i OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 6/17/09 C-2 7. The Contractor agrees, upon the execution of this Contract, 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 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 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 all 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 (N/A), shall be ONE MILLION ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED TWENTY DOLLARS AND ZERO CENTS ($1,107,520.00) Dollars, ($1,107,520.00)). ' 9. It is further agreed that the performance of this Contract, whether 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 as ]AR same is classified, promulgated and set out by the City of Fort Worth, Tex �p� attached hereto and made a part hereof the same as if it were copied verb }��Tein�. RECITY SEC 11. FT VVoRT It is mutually agreed and understood that this Contract is made an in o y the Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth 6/17/09 C-3 n 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 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 , 20_ APPR V RECOMMENDED: CITY OF FORT WORTH i BY: DIRECTOR,WATER DEPARTMENT ASSISTANT CITY MANAGER ' ATTEST: CONTRA TOR CITY SECRETAR (SEAL) p BY: ri ° TLE moo ° (1� o n � Q � ICY 000 000 D ® i�t�N iNss APPR ED S TO FORM AND LEGA LR� 04a p ADDRESS ' AS SAT CITY ATTORNEY Contract AuthorizetiOR i- Ll (D k1 Date OFFICIAL RECORD CITY SECRETARy FT, WORTH, TX 6/17/09 C-4 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/4/2011 - Ord. No. 19513-01-2011 DATE: Tuesday, January 04, 2011 REFERENCE NO.: C-24679 LOG NAME: 60SS65P1 R-UTILITEX SUBJECT: Rescind M&C C-24540, Authorize a Contract in the Amount of$1,107,520.00 with Utilitex Construction, LLP, for Sanitary Sewer Rehabilitation Contract LXV, Part 1, on North Sylvania Avenue, Stratford Park Drive and Brentwood Stair Road and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 4 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Rescind M&C C-24540 approved October 10, 2010, for the purpose of revising the amount of the contract with Utilitex Construction, LLP; 2. Authorize the City Manager to execute a contract in the amount of$1,107,520.00 with Utilitex Construction, LLP, for Sanitary Sewer Rehabilitation Contract LXV, Part 1, on North Sylvania Avenue, Stratford Park Drive and Brentwood Stair Road; 3. Authorize the transfer of$1,77,746.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$1,177,746.00 from available funds. DISCUSSION: On October 12, 2010, the City Council authorized a contract(M&C C-24540), in the amount of $1,093,120.00 with Utilitex Construction, LLP, for Sanitary Sewer Rehabilitation Contract LXV, Part 1 on Sylvania Avenue, Stratford Park Drive and Brentwood Stair Road. Subsequent to Council approval of M&C C-24540, it was determined that staff had inadvertently listed the contract amount as $1,093,120.00 instead of$1,107,520.00. This M&C will rescind all actions authorized on M&C C-24540. On February 19, 2002, (M&C C-18968)the City Council authorized an Engineering Agreement with RJN, Inc., for Sanitary Sewer Rehabilitation Contract LXV. This project, Part 1, consists of sanitary sewer main rehabilitation on the following streets: Street From To North Sylvania Avenue Premier Street NE 33rd Street Stratford Park Drive Medford Road Dead End Brentwood Stair Road Jill Lane lFcrossing IH 30 to Bridge Street The project was advertised for bid on April 1, 2010 and April 8, 2010, in the Fort Worth Star-Telegram. On April 29, 2010, the following bids were received: littp://apps.cfwnet.org/ecouncil/printmc.asp?id=14544&print=true&DocType=Print 2/22/2011 Page 2 of 2 Bidder Amount 11jilpme of Completion Utilitex Construction, LLP. 7J$1,107,52-0—.0-0—]F1 8-0 Calendar Days William J. Schultz, Inc., d/b/a Circle "C" Construction, Co. $1,145,770.00 Barson Utilities, Inc. $1,146,285.00 Conatser Construction TX, LP $1,162,250.00 M/WBE - Utilitex Construction, LLP, is in compliance with the City's M/WBE Ordinance by committing to 23 percent M/WBE participation. The City's goal on this project is 16 percent. In addition to the contract amount$37,000.00 required for material testing and inspection and $33,226.00 provided for change order contingencies. The project is located in COUNCIL DISTRICTS 2, 4 and 8. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) P258 476045 704170073OZZ $1,177,746.00 1) PE45 538040 0709020 $1,177,746.00 2) P258 531350 704170073052 $8,000.00 3) P258 541200 704170073087 $1,107,520.00 2) P258 511010 704170073080 $5,000.00 2) P258 541200 704170073087 $1,140,746.00 2) P258 541200 704170073084 $4,000.00 2) P258 531350 704170073084 $2,000.00 2) P258 531350 704170073085 $12,000.00 2) P258 531350 704170073093 $3,000.00 2) P258 531350 704170073094 $3,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Roberto C. Sauceda (2387) ATTACHMENTS 1. 60SS65P1-Utilitex FAR.pdf (CFW Internal) 2. 60SS65Pl-UTILITEX MAP 1.pdf (Public) 3. 60SS65P1-UTILITEX MAP 2.pdf (Public) 4. 60SS65P1 R-Utilitex Add funds FAR Corrected.pd (CFW Internal) 5. 60SS65P1 R-UTILITEX AO.doc (Public) 6. 60SS65Pl R-UTILITEX MAP 3.pdf (Public) 7. 60SS65P1R-UTILITEX MWBE.pdf (CFW Internal) http://apps.cfwnet.org/ecouncii/printmc.asp?id=14544&print=true&DocType=Print 2/22/2011