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SPECIFICATIONS AND CONTRACT
DOCUMENTS FOR
Clear Fork Drainage Basin M-210 Sewer
Improvements — Part 1
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D.O.E. FILE Sewer Project Number P275-703170102283
Water Project Number P265-603170102283
CONTRACTOR'S BONDING CO.
DOE#6045
CONSTRUCTION'S COPY File#X-21559
CLIENT DEPARTMENT C1'Pk*9d#01022
In the
City of Fort Worth, Texas
MIKE Y 2011
E MONCRIEF Tom HIGGINs
Mayor Interim City Manager
S. FRANK CRUMB, P.E.
Director
Water Department
DOUGUM W.WIERSiG, PH.D., P.E.
Director
Transportation and Public Works
-moo u.P
iThe Choice for Collection System Solutions
1
6701 Brentwood Stair Rd.
Suite 100 W
Fat Worth, TX 76122
RJN Project No_ 18-2425-00 FOFFICIAL RECORD
` RJN GROUP INC. TY SECRETARY
f Excelimm "'-a'°'' ownar8"°Registered gist FT.WORTH,TX
T-- ered Fn*wwtg Firm F-3260
12160 Abrams Rd Suite 100
Dag= TX 75243
QrFY OF FORT WQ TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the day of A.D.,?1l 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 S.J.
Louis Construction of Texas, LTD. Owner and Coutractor may be referred to herein individally as a
"Party''or collectively as the"Parties-"
' WTTNESSETH- That said parties have agreed as follows:
I.
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
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certain improvements described as follows:
Clear Fork DrainaggeBasin M-210 Sewer Improvements Part 1
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 Water 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.
I 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 Water(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
the Dent of Engineering of the City of Fart Worth and the City Council of the City of Fort Worth
withina period of 21-0 Calender 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 stiprihitek plus.any additional time-allowed as provided in the Gsneral.
Conditions, there shall be deducted from any monies due or which may thereafter become due him,the
sum of $630-00 Per wor king day, not as a penalty but as liquidated damages, the Contractor and his
Surety shall be liable to the Owner for such deficiencti.
5-
Should the Contractor fail to begin the work herein provided for within the time herein famed 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 Doc_uments 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 ' 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
specjfymg an itemized statement of the total-cost thereof said-excess cost.
' 6
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 expense, , , servants and employees, from and
� �its awn erase the Owner,its officers,.
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 woric 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 9f9ftence or ggMed 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 anv 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
I 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,
provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred
to the insurance carrier:
The Director ma if h
y, e 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, upon the execution of this Contractor, and before beginning work, to
make, execute and deliver to 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 requirements of the Chapter 2253 of the Texas Government
Code, as Amended.
A. If the total contract price is $25,000 or less, payment to the contractor shall be made in
one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has
been completed and accepted by the Owner.
B. If the contract amount is in excess of 52 .000, a Payment Bond shall be executed_ in the
amount of the Contract, solely for the protection of the claimants supplying labor and material in the
prosecution of the work-
C If the Contract amount IS in excess of 5100,000, a.Performance Bond shall be executed,
in the amount of the Contract conditioned-on-the faithful-performance of the work i-n accordance with-the
Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner.
D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to
insure the prompt, full and faithful performance of the general guarantee contained in the Contract
Documents.
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/excluding)alternates
shall be TWO MILLION FIVE HUNDRED FORTY NINE THOUSAND EIGHT HUNDRED SIXTY SEVEN
DOLLARS AND SIXTY FIVE CENTS ($2,549,867.65).
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 said Contractor without the written consent of the Owner. Any
request for any sublease or assignment shall be made in writing and submitted to the Director of the
Engineering Department.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
classified,prpmulgated.and set pat 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 agreement is made and entered into by the parties
hereto,with references to the existing Charter and Ordinances cif,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.
IN WUNESS THEREOF, the City of Fort Worth has caused this .instrument to be signed in 8
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 8 counterparts with its corporate seal attached.
Done in Fort Worth, Texas,this the day 2
REC CITY OF FORT WORTH
DIRECTOR,DEPARTMENT OF
WATER
7
' FERNANDO COSTA,ASST CITY MANAGER
' ATTEST:
S.J. Loauis Construction of Texas Ltd.
CONTRACTOR
CITY SECRETARY
(SEAL)
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7.
TTTLE
APPROVEPW TPTORM AND
520 South 6th Avenue, mmsfield, Texas 76063 LEG
ADDRESS
ASST. CITY ATTORNEY
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/19/2011
DATE: Tuesday, July 19, 2011 REFERENCE NO.: C-25046
LOG NAME: 60SSM210P1-SJLOUIS
SUBJECT:
Authorize Execution of a Contract in the Amount of$2,549,867.65 with S.J. Louis Construction of Texas,
Ltd., for Clear Fork Drainage Basin M-210 Sanitary Sewer Improvements, Part 1 on University Drive,
Colonial Parkway and Rogers Road (COUNCIL DISTRICTS 3 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the amount of
$2,549,867.65 with S.J. Louis Construction of Texas, Ltd., for Clear Fork Drainage Basin M-210 Sanitary
Sewer Improvements, Part 1.
DISCUSSION:
On April 13, 2010, (M&C C-24176) the City Council authorized the City Manager to execute an
Engineering Agreement with RJN Group, Inc., for the preparation of plans and specifications for Clear
Fork Drainage Basin M-210 Sanitary Sewer Improvements. The purpose of the project is to eliminate
sanitary sewer overflows in compliance with the Texas Commission on Environmental Quality Sanitary
Sewer Overflow Initiative.
This project, Part 1, consists of the installation of approximately 1,800 feet of 42-inch sewer line through
Forest Park, including a siphon crossing of the Trinity River and a 2-inch irrigation water line to serve
Forest Park. The project was advertised for bid on May 19, 2011 and May 26, 2011 in the Fort Worth Star-
Telegram. On June 9, 2011, the following bids were received:
Bidder Amount ITime of Completion
S.J. Louis Construction of Texas, Ltd 1$2,549,867.65 210 Calendar Days
William J. Shultz, Inc., d/b/a Circle "C" $2,917,295.50
Construction Co.
Oscar Renda Construction, Inc. $2,959,605.00
ARK Contracting Services, LLC $2,983,827.00
M/WBE - S.J. Louis Construction of Texas, Ltd., is in compliance with the City's M/WBE Ordinance by
committing to 19 percent M/WBE participation. The City's goal on this project is 19 percent.
In addition to the Contract cost, $60,000.00 (Sewer: $52,000.00; Water: $8,000.00) is required for
construction staking, project management, material testing and inspection and $91,500.00 (Sewer:
$90,000.00; Water: $1,500.00) is provided for project contingencies.
The project is located in COUNCIL DISTRICTS 3 and 9.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budgets, as appropriated, of the Sewer Capital Projects Fund and the Water Capital Projects Fund.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15505&print=true&DocType=Print 7/20/2011
M&C - Council Agenda Page 2 of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccounVC enters
P265 541200 603170102283 $52,233.00
P275 541200 703170102283 $2,497,634.65
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: David L. Cooper (8252)
ATTACHMENTS
1. 60SSM210P1-SJLOUIS Sewer FAR.Pd (CFW Internal)
2. 60SSM21OPl-SJLOUIS Water FAR.pdf (CFW Internal)
3. 60SSM21 OPl-SJLOUIS COMPLIANCE.pdf (CFW Internal)
4. 60SSM21OPl-SJLOUIS.odf (Public)
5. P275 P265.pdf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15505&print=true&DocType=Print 7/20/2011