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CITY SECRETARY' L\
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CONTRACT NO.�I�
C SPECIFICATIONS AND CONTRACT DOCUMENTS
0 MISCELLANEOUS STORM DRAIN IMPROVEMENTS
CONTRACT 2011
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PROJECT NUMBERS:
C CITY PROJECT NO. - 01635
TPW— PE69 539120 0209203
PREPARED: OCTOBER 2010
MIKE MONCRIEF DALE FISSELER, P.E.
MAYOR CITY MANAGER
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WILLIAM VERKEST, P.E. - DIRECTOR
L, TRANSPORTATION AND PUBLIC WORKS REF
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTN
COUNCIL ACTION: Approved on 3/22/2011 -Ord. No. 19612-03-2011
DATE: 3/22/2011 REFERENCE NO.: C-24803 LOG NAME: 20SWM-MISCSTORM-
2011
CODE: C TYPE: CONSENT HEARING:
NO
SUBJECT: Authorize Execution of a Contract with the Lowest Responsive and Responsible Bidder,
Tri-Tech Construction, Inc., in an Amount Up to $2,000,000.00 for the Miscellaneous
Storm Drain Improvements Contract-2011 and Adopt Appropriation Ordinance (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Contract with the lowest responsive and responsible
bidder, Tri-Tech Construction, Inc., in an amount up to $2,000,000.00 for Miscellaneous Storm Drain
Improvements Contract-2011;
2. Authorize the transfer of$1,500,000.00 from the Storm Water Utility Operating Fund to Storm
Water Capital Projects Fund; and
3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Storm Water Capital Projects Fund in the amount of$1,500,000.00 from
available funds.
DISCUSSION:
The Storm Water Management program was established to reduce flooding in Fort Worth, preserve
streams, minimize water pollution and to operate the storm water system in a more effective manner
to fully comply with state and federal regulatory requirements. This will be accomplished by
infrastructure reconstruction and system maintenance, master planning, enhanced development
review and increased public education and outreach.
The $1,500,000.00 authorized for transfer, per this M&C will be combined with existing funding to fully
fund the contract plus the funds necessary for right-of-way and easement acquisition, inspection and
survey services.
The work to be performed under this Contract consists of minor extensions, replacements and/or
improvements to existing storm water systems and other pertinent construction required to provide a
more effective drainage system to neighborhoods within the City limits of Fort Worth. There is not a
pre-defined single project scope for this Contract, but rather work orders will be issued on the
Contract as needs arise. The price of each work order will be based on the unit prices bid with the
cumulative amount of all work orders issued under this Contract capped at $2,000,000.00. This
contracting tool will enhance the City's responsiveness to minor drainage infrastructure needs that
arise periodically by precluding the need to conduct an independent solicitation and award process
for each small project.
The bid amounts cited below were based on hypothetical quantities for the purpose of establishing
unit prices for each work item. The bid specifications stipulate that regardless of the dollar amount
bid, the Contract would be awarded in an amount up to $2,000,000.00. Final payments will be made
based on actual measured quantities. Funding will be verified individually for each work order prior to
its release. The bid documents do not include provisions for the City to exercise renewal options.
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 4820&councildate=3/22/2011 3/24/2011
M&C Review Page 2 of 2
This Contract was advertised for bid in the Port Worth Star-Telegram on November 18, 2010, and
November 25, 2010. On December 16, 2010, the following bids were received:
Bidders Bid Amount Time of Contract
Conatser Contstruction TX, LP* $2,387,300.00 365 Calendar Days
Tri-Tech Construction, Inc. $3,115,550.00
City Staff Probable Cost $3,392,880.00
* Conatser Construction TX, LP, has been determined to be non-responsive to the specifications and
contract documents due to the fact that they failed to complete the proposal in its entirety. Therefore,
staff recommends the Contract be awarded to the lowest responsive and responsible bidder, Tri-Tech
Construction, Inc.
M/WBE -Tri-Tech Construction, Inc., is in compliance with the City's M/WBE Ordinance by
committing to 17 percent M/WBE participation. The City's goal on this Contract is 16 percent.
In addition to the cost of construction, $300,000.000.00 is required for right-of-way and easement
acquisition, inspection and survey services.
This Contract is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached supplemental appropriation ordinance, funds will be
available in the current capital budget, as appropriated, of the Storm Water Capital Projects Fund and
the Storm Water Capital Projects Bond 2009 Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P228 541200 201280163583 $1,500,000.00
11 PE69 538040 0209203 $1,500.000.00
1 2 P228 541200 201280163583 $1,500.000.00
P228 476069 201280163583 $1.500.000.00
$500,000.00
P227 541200 201280163583
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Greg Simmons (7862)
Additional Information Contact: Johnny T. Jasper(7343)
ATTACHMENTS
20SWM MISCSTORM 2011 AO.doc
http://apps.cfwnet.org/council_packet/mc review.asp?I D=I 4820&councildate=3/22/2 011 3/24/2011
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT § MAR 22 2011
This agreement made and entered into this the day of , 20 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 11th
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, and Tri-Tech
Construction. 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:
MISCELLANEOUS STORM DRAIN IMPROVEMENTS - 2011
Designated as project number, 01635.
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
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the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a
period of 365(Three Hundred Sixty Five) working 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 allowed as provided in the General
1 Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum
of $ _$630.00—per calendar 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 the 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.
1
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 iniurv, 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 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 Contract.
7.
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 Govemment
Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be
OF
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Done in Fort Worth, Texas, this the day of MAR 22 2011 20
REC MENDED AND APPROVED: CITY OF FORT WORTH
DIRE PORTATIO AND PUBLIC ASSISTANT CITY MANAGER
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CITY SECRETARY ORF
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Revised May 1986
Revised September 1992
Revised January 1993
Revised April 1999
Revised June 1999
Revised June 2001
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