HomeMy WebLinkAboutContract 41779 CITY SECRETARY
CONTRACT NO L{ 1 -7`L-
CITY OF FORT WORTH, TEXAS
2010
' SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
LAKE WORTH RESTORATION AND MAINTENANCE
PROJECT NUMBER : CPMS #1310
UNIT I - BOAT RAMP REPLACEMENT AT CASINO BEACH PARK
UNIT II - INSTALLATION OF NEW MARKER BUOYS/FLOAT LINE AT
CASINO BEACH PARK DESIGNATED SWIMMING AREA
UNIT III-INSTALL NEW MARKER BUOYS AND FLOATING SIGNAGE
' AT THE LAKE ACCESS BOATING ENTRANCE TO THE
FORT WORTH NATURE CENTER
' UNIT VI-INSTALL NEW MARKER BUOYS AT DESIGNATED AREAS
1 PROJECT NUMBER : CPMS #1310
EOR r
MIKE MONCRIEF
MAYOR e� a
DALE FISSELER, P.E. '�; •
CITY MANAGER inO
FRANK CRUMB, P.E.
DIRECTOR, WATER DEPARTMENT '
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 - Ordinance Nos. 19577-03-2011 and 19578-03-2011
REFERENCE ** 60LAKE WORTH
DATE: 3/8/2011 NO.: C-24772 LOG NAME: RESTORATION PHASE II
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract in the Amount of$527,790.16 with Ratech Constructioi
Inc., for Certain Boat Ramp and Marker Buoy Improvements Associated with the Lake
Worth Restoration and Maintenance Project Phase II and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th
Lake Worth Gas Lease Capital Improvement Fund by $587,790.16 from Gas Well Revenues;
2. Authorize the transfer of$587,790.16 from the Lake Worth Gas Lease Capital Improvement Fund
to the Water Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th
Water Capital Projects Fund in the amount of$587,790.16; and
4. Authorize the City Manager to execute a contract with Ratech Construction, Inc., for certain boat
ramp and buoy marker improvements associated with the Lake Worth Restoration and Maintenance
Project Phase II in the amount of$527,790.16.
DISCUSSION:
On January 8, 2008, the City Council amended the Gas Well Revenue Distribution Policy to allow foi
revenues derived from lease bonuses and royalties from properties in and around Lake Worth to be
used for the execution of the 2007 Lake Worth Capital Improvements Implementation Plan. One of
the projects designated in this Plan is the reconstruction of the existing boat Ramp at Casino Beach
Park. This project will be funded with Gas Lease Revenue Funds in an amount of$527,790.16.
The proposed contract with Ratech Construction, Inc., will include the demolition of the existing boat
ramp, the installation of a new concrete boat ramp at Casino Beach Park and the installation of new
buoy markers at Casino Beach and other areas at Lake Worth.
The project was advertised in the Fort Worth Star Telegram on June 24, 2010 and July 1, 2010. On
August 26, 2010 the following bids were received:
BIDDERS BID
AUI $398,500.00
RATECH CONSTRUCTION, IN 1$527,790.161
FAIN $698,000.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14669&councildate=3/8/20l l 4/25/2011
M'C Review Page 2 of 2
AUI was determined to be non-responsive on meeting the M/WBE participation goal. Ratech
Construction, Inc., was then selected as the next most qualified bidder. In addition to the contract
price $60,000.00 is needed for project management and $34,000.00 for change orders.
Ratech Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 14
percent M/WBE participation. The City's goal on this project is 14 percent.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies 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 Lake Worth Gas Lease Capital Improvement Fund ani
the Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1) C246 446200 601159990100 $587,790.16 4) P253 541200 607560131080 $527,790.1
3) P253 511010 607560131080 $26,000.00 2) C246 538070 601159990100 $587,790.1
3) P253 541200 607560131080 $561,790.16
1) C246 538070 601159990100 $587,790.16
Z&3) $587,790.16
P253 472246 607560131080
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Paul Bounds (8567)
ATTACHMENTS
60LAKE WORTH RESTORATION PHASE II MAP.pdf
60LAKE WORTH RESTORATION PHASE II Rec1.doc
60LAKE WORTH RESTORATION PHASE II Recldoc
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14669&councildate=3/8/20l l 4/25/2011
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
IKNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the 8th 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, by and through its duly
authorized Assistant City Manager, ("Owner"),and Ratech Construction. Inc.
("Contractor"). Owner and Contractor may be referred to herein individually as a"Party" or
ICollectively as the"Parties".
WITNESSETH: That said Parties have agreed as follows:
I 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: LAKE WORTH RESTORATION AND MAINTENACE
PROJECT NUMBER—CPMS #1310 (Units I,II,III,1V)
2.
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
I 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
I 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 same ready for the inspection and
approval of the Water Department of the City of Fort Worth and the City Council of the City of
Fort Worth within a period of 120 Calendar Days.
G1
I
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$315.00 dollars per calendar 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
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 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 and itemized statement of the total cost
Ithereof, 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
I expense, the Owner, its officers, servants and employees,from and against any and all claims or
suits for the 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 hart 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
I 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
Ipart 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 Contract or its subcontractors
I 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.
G-2
7.
The Contractor agrees, upon the execution of this Contract, and before beginning work,
Ito make, execute and deliver to the 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
I furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code,
as amended.
I A. If the contract amount is in excess of$25,000 dollars, 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.
B. If the Contract is in excess of$100,000 dollars, 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
Isolely be for the protection of the Owner.
C. A Two-year Maintenance Bond in the name of the Owner is required for all projects to
I insure the prompt, full and faithfull performance of the general guarantee contained
in the Contract Documents.
I 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 Units I,II,III,N shall be:
Five Hundred Twenty Seven Thousand Seven Hundred Ninty Dollars and sixteen Cents
527.790.16
9.
It is further agreed that the performance of this Contract,wither in whole or in part, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Owner.
I Any request for any sublease or assignment shall be made in writing and submitted to the
Director of the Water Department.
I 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 with references to and governing all matters affecting this Contract,
and the Contractor agrees to fully comply with all the provisions of the same.
G3
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 Three(3)counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the 8 th day of March,A.D., 2011
APPROVAL RECOMMENDED: CITY OF FORT WORTH
BY:
IDIRECTOR, WATER DEPARTMENT ASSISTANT CITY MANAGER
ATTEST:
TANs ��� aoa
► pa 0 f
CONTRACTOR 0000000 r0n4�a
oa�
xd%
CITY SECRETARY 0 �d
2-1 (SEAL) °aBY: / *o o0 0h d
°0 � dh p000"
TITLE
/00 coos,; 67
IPO t6pX' /0'319 APPROVE S TO FORM AND LEGALITY:'R 140 in E' , �X '74,07 6
I ADDRESS
" ASSI CITY ATTORNEY
- a 11v-L
Cope rhu . or a n tC�►
Date
G-4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX