HomeMy WebLinkAboutContract 41668 FO RT WORTH CITY SECR SECRETARY
CONTRACT NO.
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S��PECIFICATIONS AND CONTRACT DOCUMENTS
FOR
MISCELLANEOUS STORM DRAIN IMPROVEMENTS
CONTRACT B - PHASE 2
' TRAIL DRIVERS PARK/SCHWARTZ AVENUE,
AND NORTH HAVENWOOD LANE
CITY PROJECT No. 00094
TPW No. P227-541200-2012700094 83
NOVEMBER 2010
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayor 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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DAN N EN BAU M
ENGINEERING CORPORATION • •
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DEC Project No.4447-01 '%--&66178
CITY SE LRETARY
' FT. WORTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
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COUNCIL ACTION: Approved on 4/5/2011
DATE: 4/5/2011 REFERENCE."C-24809 LOG 2000NSTRUCTION MISCELLANEOUS CONTRACT_B
NO.: NAME: — —
CODE: C TYPE: CONSENTPUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with CPS Civil, LLC, in the Amount of$260,043.00 for the
Construction of Miscellaneous Storm Drain Contract B Phase 2 Project(COUNCIL DISTRICTS 2 and
4)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with CPS
Civil, LLC, in the amount of$260,043.00 for construction of the Miscellaneous Storm Drain Contract
B Phase 2 project.
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.
On September 22, 2009, (Ordinance No. 18838-09-2009)the City Council approved the issuance
and sale of$45,000,000.00 in revenue bonds for the Storm Water Capital Project Bond 2009 Fund to
fund a two-year storm water capital project program.
On April 28, 2009, (M&C C-23481)the City Council authorized the City Manager to execute an
engineering agreement with Dannenbaum Engineering Corporation for the design of the
Miscellaneous Storm Drain Improvements at various sites(City Project No. 00094). One of the
construction projects resulting from the design is as follows: storm drain improvements in Trail Drivers
Park at NE 28th Street and storm drain improvements on Havenwood Drive. The storm drain at Trail
Drivers Park will replace the existing storm drain that is blocked due to structural collapse. The new
storm drain system on Havenwood Drive will replace the existing undersized storm drain system and
extend the system to intercept excess flows. Property flooding occurs during heavy rain events
because the existing undersized system can not handle the volume of runoff.
The project was advertised for bid on November 11, 2010 and November 18, 2010 in the Fort Worth
Star-Telegram. On December 9,2010, the following bids were received:
BIDDERS AMOUNT TIME OF COMPLETION
CPS Civil, LLC $260,043.00 120 Calendar Days
Tri-tech Construction $266,038.00
Burnsco Construction $271,447.50
Tejas Commercial Construction $285,127.00
Ed A. Wilson, Inc. $367,541.36
Jackson Construction $394,800.00
The low bid for this project is from CPS Civil, LLC, in the amount of$260,043.00. Costs for the
implementation of this project will be funded by the Storm Water Capital Project Bond 2009 Fund.
Funding in the amount of$62,040.00 is included for associated construction survey, project
management, materials testing, and inspection costs. The contingency fund for possible change
orders is $13,002.15.
CPS Civil, LLC, is in compliance with the City's M/WBE Ordinance by committing to 21 percent
M/WBE participation. The City's goal on this project is 15 percent.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14801&councildate=4/5/2011 4/6/2011
M&C Review Page 2 of 2
A
This project is located in COUNCIL DISTRICTS 2 and 4, Mapsco 62 D and 65R.
FISCAL INFORMATION/CERTIFICATION:
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 541200 201280009483 $260.043.00
Submitted for City Manager's Office by.� Fernando Costa (6122)
Originating Department Head: Greg Simmons(7862)
Additional Information Contact: Michael Owen(8079)
ATTACHMENTS
M AND C 00094B3.pdf
M AND C 00094B5_..pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14801&councildate=4/5/2011 4/6/2011
STATE OF TEXAS
§ KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
APR 05 2011
This Contract is made and entered into this the day of ,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 CPS Civil, LLC , 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:
Miscellaneous Storm Drain Improvements Contract B - Phase 2
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 Department of Engineering of
the City of Fort Worth.
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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 Department of Engineering of the City of Fort Worth and the City Council of the
City of Fort Worth within a period of 120 Calendar Days from the time commencing said work.
If the Contractor should fail to complete the work as set forth in the Plans, 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, 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
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 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
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 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 deemed appropriate, may 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.
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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
f be Two Hundred Sixty Thousand, Forty-three Dollars and 00/100............ Dollars,
($260,043.00).
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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CCIT OF ORT WORTH CONTRACT
Fernan o Co a CP evil,L C
Assistant City Manager 4f-7 I/j 1215 Crest Lane Drive
Duncanville TX 75137
TITLE C . 0
RECOMMENDED:
By: ATTEST:
Dire
Tran o a ion&Public Arks
Marty endrix
City Secretary
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OAPPROVED AS TO FORM AND 06 0°k°LEGALITY:
Date
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AUTHORIZATION a ?aXA§
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Doug Black Approval Date: 11
Assistant City Attorney
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