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HomeMy WebLinkAboutContract 42078 1 FORTWORTH CIN SECRETARY CONTRACT NO I j SPECIFICATIONS AND CONTRACT DOCUMENTS 1 FOR SANITARY SEWER REHABILITATION CONTRACT LXXII (72) — PART 2 DOE No. 6465 CITY PROJECT No. 00411 Water No. P253-609170041187 Sewer No. P258-709170041187 SRF Project No. P254-709170041187 MAY 2011 Michael J. Moncrief Tom Higgins Mayor Acting City Manager Doug W. Wiersig, P.E. Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department PREPARED FOR: The City of Fort Worth ■ ..,,■ O ■; HALFF OF T �01 4000 Fossil Creek Boulevard sir *� Fort Worth, Texas 76137-2720 ar J � KEITH L FLAN i TBPE REG # 312 OFFICa�r� IRD as J r R K'PR� :� CITY SECRETARY � FT. WORTH,TX 3/ 08-02-11 P02 :42 IN CITY OF FORT WORTH, 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., 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 William J. Schultz. Inc., dba Circle C Construction ' Company, ("Contractor"). Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties." 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: Sanitary Sewer Rehabilitation Contract LXXII (72) — Part 2 Project Numbers: Water— P253-609170041187 Sewer— P258-709170041187 SRF — P254-709170041187 City Project No. 00411 DOE No. 6465 ' 2. 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 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 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 himself 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. 6/17/09 C-1 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 Water Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of two hundred fifty (250) Calendar 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 sum of $420.00 per working 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 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 Owner 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 Owner on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify 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 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, I 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 part, by the nealiaence or alleaed nealiaence 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 injury or damage is caused in whole or in part by the nealiaence or alleaed 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 1 the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance 1 carrier that the claim has been referred to the insurance carrier. 1 6/17/09 C-2 The Director may, if he 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 Contract. 7. The Contractor agrees, upon the execution of this Contract, 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 City of Fort Worth. All bonds furnished hereunder shall meet 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 $25,000, 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 $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-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 I 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 n/a, shall be One Million, Nine Hundred Sixty-Eight ' Thousand, Six Hundred Ten and No/100 Dollars, ($1,968,610.00). 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 Water 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 and made a part hereof the same as if it were copied verbatim herein. 6/17/09 C-3 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. 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, I 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. IDone in Fort Worth, Texas, this the day of ;I ` 1 , A.D., 2011. IAPPROVAL RECOMMENDED: CITY OF FORT WORTH s I DIRECTOR, WATER DEPARTMENT ASSISTANT CITY MANAGER ATTEST: William J. Schultz, Inc., dba Circle C Construction Company CONTRACTOR CITY SECRETAR (S E A L) gA,o° °00 4 BY: �u�o c Sfl� dJ�o °o° �1 Teresa S. Skelly °°000°°0°°°° acy Vice-President "i C G TITLE �- APPROVED AS TO FORM AND LEGALITY: P. O. Box 40328, Fort Worth, TX 76140 ADDRESS Q&4� ASSISTANT CITY ATTORNEY OFFICIAL RECORD 6/17/09 C-4 CITY SECRETARY FT.WORTH, TX M&C Council Agenda ,,. Page ] of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/26/2011 - Ordinance No. 19811-07-2011 DATE: Tuesday, July 26, 2011 REFERENCE NO.: C-25078M LOG NAME: 60SS72P2-CIRCLEC SUBJECT: Authorize Execution of a Contract in the Amount of$1,968,610.00 with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, for Sanitary Sewer Rehabilitation Contract LXXII, Part 2, on Killian Street, Eastover Avenue, Angle Avenue, Meadowbrook Drive and Ramey Avenue and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 5, 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$97,058.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund by the amount of$97,058.00 from available funds; and 3. Authorize the City Manager to execute a Contract in the amount of$1,968,610.00 with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, for Sanitary Sewer Rehabilitation Contract LXXII, Part 2. DISCUSSION: On August 29, 2006, (M&C C-21635)the City Council authorized an Engineering Agreement with Halff Associates, Inc., for Sanitary Sewer Rehabilitation Contract LXXII (72). This project, Part 2, consists of the replacement of the deteriorated sanitary sewer mains located on the following streets: Street From IlTo Killian Street 11IMiller Avenue Eastover Avenue Angle Avenue Prairie Avenue West Long Avenue Ramey Avenue IlCarruthers Drive Debra Court Drive Meadowbrook Drive IlPetworth Place INorth Edgewood Terrace Eastover Avenue Killian Street Wilbarger Street http://apps.cfwnet.org/ecounciI/printme.asp?id=15560&print=true&DocTvoe=Print 7/27/2011 M&C Council Agenda ( . I Page 2 of 3 This project was advertised for bid on May 12, 2011 and May 19, 2011, in the Fort Worth Star-Telegram. On June 2, 2011, the following bids were received: Bidder Amoun =Time of Completion William J. Shultz, Inc. d/b/a $1,968,610.00 250 Calendar Days Circle "C" Construction Company Conatser Construction TX, LP $1,988,215.00 Cleburne Utility Construction, Inc. $2,048,289.50 Tri-Tech Construction, Inc. $2,066,170.00 M/WBE -William J. Schultz, Inc., d/b/a Circle "C" Construction Company, is in compliance with the City's M/WBE Ordinance by committing to 20 percent M/WBE participation. The City's goal on this project is 20 percent. Most State Revolving Loans are granted for construction contracts only. However with this particular loan the City of Fort Worth was authorized to pay for both an Engineering Agreement (design and survey) and the Construction Contract. Since no other expenses can be covered by SRF funding, additional appropriations of$97,058.00 ($38,000.00 for construction staking, project management material testing and inspection and $59,058.00 for project contingencies) are needed from the Sewer Capital Projects Fund. This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Clean Water State Revolving Fund 2007, and 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 Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1&2)) P258 476045 7091700411ZZ $97,058.00 1)PE45 538040 0709020 $97,058.00 2) P258 531350 709170041152 $8,000.00 3) P254 541200 709170041187 $1,968,610.00 2) P258 511010 709170041180 $8,000.00 2) P258 541200 709170041187 $59,058.00 2) P258 531200 709170041184 $8,000.00 2) P258 531350 709170041184 $2,000.00 2) P258 531350 709170041185 $12,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Robert Sauceda (2387) http://apps.cfwnet.org/ccounciI/priiitnic.asp?id=15560&print=true&DocType=Print 7/27/2011