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HomeMy WebLinkAboutContract 42029 FORT WORTH Ile," / SPECIFICATIONS ' V AND CONTRACT DOCUMENTS FOR t CiTy SECRETARY� U� CONTRACT NO. 1 PROJECT NAME PROJECT NUMBER DOE NO. ' QUANAH PARKER PARK C282/541600/801920152480 b 0/801920152480 6547 I IN iTHE CITY OF FORT WORTH ITEXAS :MIKE J. MONCRIEF TOM HIGGINS IMAYOR INTERIM CITY MANAGER RICHARD ZAVALA, DIRECTOR IPARKS AND COMMUNITY SERVICES DEPARTMENT PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY CITY OF F ORT WORTH v + "tt + OF GAS WELL LEASE FUNDS ?- PZE ". rs���� aw 2011 . � MICHAEL A. THOMAS AL iRECORD �, 83640 t r WCRETARY t='a: 71�PE tN RTN, TX FZ,eNI f:j�f3 I` STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Contract is made and entered into this the day of JUN 14 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 Glmdeq 0�1 `ID�is its duly authorized Assistant City Manager, and Raydon. 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 Ouanah Parker 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 Department of Engineering of the City of Fort Worth. 5. I 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 50 Working 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 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 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. 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. r 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 Seventeen Thousand Four Hundred Fifty-two and 20/100....................................................................................................Dollars, ($117.452.20). 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. I CITY OF RT WORTH �&L �i4,147 Susa Alanis avdon,Inc. PO Box 671 Asst. City Manager Breckenridge TX 76424 TITLE RECOMMENDED: By: ATTEST: Ricfta'r(f Z vala, Direc or ' Parks and Community Services art endrix y City Secretary APPROVED AS TO FORM AND LEGALITY: Date d` AUTHORIZATION M&C Assistant City Attorney Approval Date: Y OFFICIAL RECORD CITE' SECRETARY FT.WORTH,TX Page 1 of 2 )ff ual site of the Ity of Fort 4'Jorth 7eras CITY COUNCIL AGENDA FORTwORTII COUNCIL ACTION: Approved on 6/14/2011 DATE: 6/14/2011 REFERENCE NO.: "C-24969 LOG NAME: 80QUANAH PARKER PARK PH 2 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Construction Contract with Raydon, Inc. in the Amount of $117,452.20 for Park Improvements at Quanah Parker Park (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with Raydon, Inc. in the amount of$117,452.20 for park improvements at Quanah Parker Park. DISCUSSION: The purpose of this M&C is to authorize the award of a construction contract to Raydon, Inc., in the amount of$117,452.20 for park improvements at Quanah Parker Park. 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 $166,244.00 in gas funds within the Park Gas Lease Projects Fund for improvements at Quanah Parker Park. In June, 2010, an Engineering Agreement was administratively executed (City Secretary Contract No. 40301) with MJ Thomas Engineering, LLC, in the amount of$20,500.00 for the design and development of construction documents for park improvements at Quanah Parker Park. The project was advertised for bid on February 17, 2011 and February 24, 2011 in the Fort Worth Star-Telegram. On March 10, 2011, the following bids were received: Bid Tabulation Bidder NuWa Construction Base Bid Ra don, Inc. $117,286.30 2L Construction, LLC $117,452.20 Northstar Construction, Inc. $122,317.00 C. Green Sca in g, LP $122,226.00 Cole Construction, Inc. $133,286.80 Ed A. Wilson $138,287.00 $160, 325.00 The low bidder, NuWay Construction, failed to submit M/WBE documentation within five business days of the bid opening date as required by City of Fort Worth Ordinance No. 15530 and was therefore determined to be non-responsive. The second low bidder, Raydon, Inc., submitted M/WBE documentation within the allotted time period and is recommended for award of contract with the total bid amount of$117,452.20. The Base Bid work is to include site preparation and demolition, grading, asphalt paving, concrete trail http://apps.cfwnet.org/council-Packet/mc_review.asp?ID=15111&councildate=6/14/2011 7/1/2011 M&C Review Page 2 of 2 and security lighting installation. Associated design and construction administration, inspection, material testing and change order contingency funding totals $28,291.00. M/WBE - Raydon, Inc., is in compliance with the City's M/WBE Ordinance by committing to 15 percent MANBE participation on the base bid price. The City's M/WBE goal on this base bid contract is 15 percent. There will be no impact on the annual operating budget with this project. Construction is anticipated to commence in July 2011 and be completed in August 2011. Quanah Parker Park is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Parks Gas Lease Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1)C282 541600 804480152480 $117.452.20 Submitted for City Manager's Office by- Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc—review.asp?ID=15111&councildate=6/14/201 1 7/1/2011