HomeMy WebLinkAboutContract 41651 �.r. �
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CONTRACT DOCUMENTS
FOR
CITY SECRETARY
CONTRACT NO,
PROJECT NAME PROJECT NUMBER TPW NO.
Marion Sansom C282/ 541600/807370151880 6576
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THE CITY OF FORT WORTH
TEXAS
GMICHAEL J. MONCRIEF DALE A. FISSELER P.E.
MAYOR CITY MANAGER
RICHARD ZAVALA, DIRECTOR
PARKS AND COMMUNITY SERVICES DEPARTMENT
PARKS AND COMMUNITY SERVICES DEPARTMENT
PLANNING AND RESOURCE MANAGEMENT DIVISION
FUNDING OF PROJECT BY
CITY OF FORT WORTH
1993 CAPITAL IMPROVEMENT PROGRAM
-_ j3AS WELL LEASE FUNDS
p R 2010
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
This Contract is made and entered into this the 8`h day of March, 2011, by and between
the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker,
and Wise Counties, Texas, hereinafter referred to as "Owner", by and through Charles W.
Daniels, its duly authorized Assistant City Manager, and C.E. Cook & Sons, Inc., hereinafter
referred to as "Contractor",by and through its duly authorized representative.
' 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:
Park Improvements at Marion Sansom Park
2.
That the Contract Documents shall consist of the written, printed, typed and drawn
instruments which comprise and govern the performance of the work. Said Contract Documents
include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of
award, special provisions, general provisions, work order(s), this Contract, and the payment,
performance, and maintenance bonds. The Contract Documents shall also include any and all
' supplemental agreements approved by the Owner which may be necessary to complete the work
in accordance with the intent of the plans and specifications in an acceptable manner, and shall
also include the additional instruments bound herewith.
3.
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 Contract Documents prepared through the
Parks and Community Services Department of the City of Fort Worth, which the plans and
specifications of the Contract Documents are hereto attached and made a part of this Contract the
same as if written herein.
4.
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.nenartmPnt pf F,ngineering of
the City of Fort Worth.
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CITY ' �,"gFTARY
5.
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 Parks and Community Services Department of the City of Fort Worth and the
City Council of the City of Fort Worth within a period of 45 Working Days from the time
commencing said work.
If the Contractor should fail to complete the work as set forth in the Plans, Specifications,
PM 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, a per day charge of $210 per Working Day as stipulated in these
contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety
shall be liable to the Owner for such deficiency.
' 6.
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
tof 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 Plans,
Specifications, and 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.
7.
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 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.
I
The Director may, if deemed appropriate, may refuse to accept bids on other City of Fort
Worth public work from a Contractor against whom a claim feu dafflagos- 19 sutstapding as a
result of work performed under a City Contract.
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8.
Owner 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 Contractor 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 shall
be One Hundred Fifty-six Thousand, Two Hundred Fifty-six dollars and
25/100.............................Dollars, ($156,256.25).
f 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 Contractor without the written consent of the Owner.
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 governing all matters affecting this Contract, and the
Contractor agrees to fully comply with all the provisions of the same.
IN WITNESS THEREOF, the parties hereto have made and executed this Contract in
multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas.
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' CITY OF FORT WORTH CONTRACTOR
' S an ams C.E. Cook& Sons,Inc.
As ' ant City Manager P.O.Box 1155
' Roanoke TX 76262
' RECOMMENDED:
By: ATTEST:
Richard Zavala,Director
Pa ks and Community Services
r"'�Mayendn
' City Secretary
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' APPROVED AS TO FORM AND p O�(a000ao0C,Osw
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M&C C o1�-1 Lo � lt�a4
' Dou g Black Approval Date: l I
' Assistant City Attorney
OF4 MIAL RECORD
CITY S�.nr ETARY
FT. OP IH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT
COUNCIL ACTION: Approved on 3/8/2011
DATE: 3/8/2011 REFERENCE **C-24776 LOG NAME: 80MARIONSANSOM PRKG.
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Construction Contract with C.E. Cook& Sons, Inc. in the
Amount of$156,256.25 for Parking Lot Improvements at Marion Sansom Park(COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a construction
contract with C.E. Cook& Sons, Inc. in the amount of$156,256.25 for parking lot improvements at
Marion Sansom Park.
DISCUSSION:
The purpose of this M&C is to authorize the award of a construction contract to C.E. Cook& Sons,
Inc. in the amount of$156,256.25 for parking lot improvements at Marion Sansom Park.
On December 2, 2008, (M&C L-14683)City Council authorized both the conversion of park land at
Marion Sansom Park for the installation of a gas pipeline with a gas valve station and a license
agreement with Barnett Gathering, L.P. in the amount of$507,228.50.
On December 8, 2009, (M&C G-16786) City Council approved the Parks and Community Services
Department's (PACSD) Fiscal Year 2010 Gas Well Project Expenditure Plan which included
authorization to appropriate the $507,228.50 gas funds within the Park Gas Lease Projects Fund for
improvements at Marion Sansom Park. Of the $507,228.50 funding, $200,000.00 was earmarked for
road and parking improvements with the remaining funds earmarked for shelter restoration within the
park. The $200,000.00 will be leveraged with $35,597.15 from the 1993 Capital Improvements
Program funds appropriated for road improvements at Marion Sansom Park, thus increasing the total
project funding amount to $235,597.15.
In May 2010, an Engineering Agreement was administratively executed (City Secretary Contract No.
40251)with CHA, Inc. in the amount of$24,850.00 for the design and development of construction
documents for parking improvements at Marion Sansom Park.
The project was advertised for bid on December 16, 2010 and December 23, 2010 in the Fort Worth
Star-Telegram. On January 13, 2011, the following bids were received:
Bid Tabulation
Bidder Base Bid Recommended Bid Alts. Total
Ziegler Construction, Inc. $120,305.10 $21,841.69 $142,146.79
C.E. Cooks & Sons, Inc. $132,236.65 $24,019.60 $156,256.25
Ra don, Inc. 11 $147,1 233.161 $16,942.70 $164,065.86
JRJ Paving L.P. $145,602.24 1 $25,661.40 J $171,263.64
2L Construction, LLC $164,968.60 $41,686.00 $206,654.60
CPS Civil, LLC $164,689.00 $48,560.00 $213,249.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14787&councildate=3/8/20l l 3/24/2011
M&C Review Page 2 of 2
The low bidder, Ziegler Construction, Inc. was determined to be non-compliant to Item No 3. - Prime
Bidder Qualification Requirements of the construction documents. Ziegler Construction, Inc. did not
demonstrate sufficient experience necessary to perform the project scope of work.
The second low bidder, C.E. Cook& Sons, Inc. met qualification requirements and is recommended for
award of contract approval with the total bid amount of$156,256.25.
The Base Bid work is to include site preparation and demolition, asphalt paving, concrete, grading and
striping. Bid Alternate work will include installation of concrete curb &gutter in lieu of concrete ribbon
and post& cable fencing, erosion control and boulder placement.
Base Bid Items recommended for approval are items 1-12, 14-16, 18-25 deleting items 13 and 17, for a
Base Bid total of$132,236.65.
Bid Alternate Units 2 and 3 are recommended for approval totaling $24,019.60.
It is recommended that the Base Bid amount of$132,236.65 and the Bid Alternate amount of
$24,019.60 together totaling $156,256.25, as submitted by C.E. Cook&Sons, Inc., be approved for
award of contract. The contract period is 45 working days.
Associated construction administration, inspection, testing and change order contingency funding totals
$15,500.00.
M/WBE -C.E. Cook&Sons, Inc. is in compliance with the City's M/WBE Ordinance by committing to
15 percent M/WBE participation on the PACSD base bid price. The City's M/WBE goal on this base bid
contract is 13 percent.
There will be no impact on the annual operating budget with this project.
Construction is anticipated to commence in April 2011 and be completed in July 2011.
Marion Sansom Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budgets, as appropriated, of the Street Improvements Funds -93 and Parks Gas Lease Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1)C111 541600 080111037148 $35.597.15
1) C282 541600 807370151880 $120,659.10
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Scott Penn (5750)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14787&councildate=3/8/2011 3/24/2011