HomeMy WebLinkAboutContract 42064 FORTWORTH
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
CULTURAL DISTRICT / WILL ROGERS WATER AND
SANITARY SEWER IMPROVEMENTS, PART 2 -
KIMBELL ART MUSEUM EXPANSION
I CITY SECRETARY CITY PROJECT No. 01468
I DOE No. 6609
D.O.E. FILE sWater Project No. P265-607170146887
CONTRACTOR'S BOND ,! p"oject No. P275-707170146887
CONSTRUCTION'S COPY
CLIENT DEPARTMENT
1 MARCH 2011
Michael J. Moncrief Tom Higgins
1 Mayor Interim City Manager
1 S. Frank Crumb, P.E.
Director, Water Department
Greg Simmons, P.E.
1 Acting Director, Transportation and Public Works Department
PREPARED FOR:
The City of Fort Worth
EM" Kimley-Horn
and Associates, Inc.
TBPE REG # F-928
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OFFICIAL �IiEIS+ORD
1 CITY S CR GARY
"M WIOP`
16 IN
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('_ITN OIC FORT WOWM 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., _, 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.
I Louis Construction of Texas, LTD. Owner and Contractor may be referred to herein individally as a
"Party"or collectively as the "Parties."
IWITNESSETH: That said parties have agreed as follows:
1.
IThat 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:
Cultural District/Will Rogers Water and Sanitary Improvements,Part 2—Kimbell Art
Museum Expansion
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.
I
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 hilly 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 180 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 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
suer of 5420 00 Per working dad, not as a pcnalt% but as liquidated damages, the Contractor and his
Surco. shall be liablc to the Owner for such dcficicn-
5.
' Should the Contractor fail to begin the work herein provided for within the time herein fixed or to
cam 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 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/orits Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
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 iniury,
ilamnge or death is caused in whole or in part, by the negligence or alleged negligence of
(honer, 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 ani, such iniury or damage is
caused in wliole or in part by the ne li ence or alle ed ne li ence o (honer its o kers
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, 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.
f3_ If the contract amount is in excess of S 5,000, a Payment Bond shall be executed, in the
;►mount of' the Contract, solck tier the protection of' the claimants suppk►ng labor and nr,►tcnal in the
Prosccuhon of the \\ork
C If the Contract amount is in excess of S 100,000, 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 solely be for the protection of the Owner.
D. A Two-fear Maintenance Bond in the name of the Owner is required for all projects to
insure the prompt, tull and faithful performance of the general guarantee contained in the Contract
Documents.
K.
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
I invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a,
shall be ONE MILLION FOUR HUNDRED EIGHTY THOUSAND DOLLARS THREE HUNDRED
FORTY NINE DOLLARS AND FIVE CENTS ($1,480,349.05).
I 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, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto
i and made a part hereof the same as if it were copied verbatim herein.
I ll.
It is mutually agreed and understood that this agreement is made and entered into by the parties
Ihereto 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.
IN WITNESS 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 of
RECO D: CITY OF FORT WORTH
BY:
Y DIRECTOR,DEPARTMENT OF
WATER
FERNANDO COSTA,ASST CITY MANAGER
' ATTEST:
S.J. Louis Construction of Texas LTD
520 South 6th Avenue
Mansfield, Texas 76063
CONTRACTOR t
CITY SECRETARY
(SEAL)
BY: ya���er1112�i�r-
I Les V Whitman, Gen ral MAnaoar
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APPROVED AS TO FORM AND
520 South 6th Avenue Mansfield-,—Texas LEGALITY:
ADDRESS 76063
ASST. CITY ATTORNEY
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review Page 1 of 2
CITY COUNCIL AGENDA FORTII
COUNCIL ACTION: Approved on 7/19/2011
DATE: 7/19/2011 REFERENCE NO.: C-25042 LOG NAME: 60CDWILLRP2-
SJLOUIS
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize Execution of a Contract in the Amount of$1,480,349.05 with S.J. Louis
Construction of Texas Ltd., for Cultural District/Will Rogers Water and Sanitary Sewer
Improvements, Part 2 - Kimbell Art Museum Expansion (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the
amount of$1,480,349.05 with S.J. Louis Construction of Texas Ltd., for Cultural District/Will Rogers
Area Water and Sanitary Sewer Improvements, Part 2 -Kimbell Art Museum Expansion.
DISCUSSION:
On February 9, 2010, (M&C C-24094) the City Council authorized the City Manager to execute an
Engineering Agreement with Kimley-Horn and Associates, Inc., for the Cultural District/Will Rogers
Area Water and Sanitary Sewer Improvements.
The proposed project includes water and sanitary sewer improvements ahead of the proposed
Kimbell Art Museum Expansion. As a part of this project, a 36-inch diameter water main will be
relocated to public right-of-way on Camp Bowie Boulevard in order to avoid conflict with the building
footprint and provide access for future maintenance.This project also includes water main
replacements along Gendy Street from Harley Avenue to Lancaster Avenue for the proposed Gendy
Street reconstruction project. In addition, the existing water mains will be upsized in order to
accommodate the increased water demands at Will Rogers and the Kimbell Art Museum.
This project was advertised for bid on March 10, 2011 and March 17, 2011 in the Fort Worth Star-
Telegram. On April 14, 2011, the following bids were received:
Bidder 1113id Amount Time of Completion
S.J. Louis Construction of Texas Ltd.11$1,480,349.0511180 Calendar Days
Conatser Construction TX, LP $1,588,455.00
Ark Contracting Services, LLC $1,981,525.00
Jackson Construction Ltd. $2,002,525.00
Lewis Contractors Inc. $2,166,410.00
In addition to the contract amount$80,000.00 (Water:$70,000.00;Sewer: $10,000.00) is required for
construction staking, material testing and inspection, and $50,000.00 (Water:$43,000.00;Sewer:
$7,000.00) is provided for project contingencies. Also, $21,000.00 is required for Transportation and
Public Works staff to remove and replace existing street lights on Camp Bowie from Will Rogers to
Van Cliburn.
M/WBE—S.J. Louis Construction of Texas Ltd., is in compliance with the City's M/WBE Ordinance by
committing to 15 percent M/WBE participation. The City's goal on this project is 14 percent.
http://www.fortworthgov.org/council_packet/mc—review.asp?ID=15384&councildate=7/1... 7/21/2011
M&C Review Page 2 of 2
This project is located in COUNCIL DISTRICT 7
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in current capital
budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P265 541200 607170146887 $1,411,654.2
P-2-75-5-412-0070717014688 $68 694.80
Submitted for City Manager's Office by: Fernando Costa(6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: John R. Kasavich (8480)
ATTACHMENTS
60CDWILLRP2-SJL0UIS MAP.pdf
http://www.fortworthgov.org/council_packet/mc review.asp?ID=15384&councildate=7/1... 7/21/2011