HomeMy WebLinkAboutContract 42080 CITY SECRETARY
CONTRACT NO _ ,�J- LJ KHA No. 06101 8077
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
THE CONSTRUCTION OF
CITY OF FORT WORTH
NORTH HOLLY WTP
PUMP STATION DISCHARGE PIPE
REPLACEMENT
CAPITAL PROJECT NO. 1631
Prepared for
Fort Worth Water Department
OFFICIAL RECORD
April 2011 CITY SECRETARY
FT. WORTH, TX
Kimley-Horn
J
❑ ❑ and Associates, Inc.
08-02-11 P02:40 IN
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the 19th day of July , 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
Reynolds, Inc., ("Contractor"). Owner and Contractor may be referred to herein individually 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:
FOR: City of Fort Worth North Holly WTP Pump Discharge Pipe Replacement
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
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 itself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Wateri 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 the same ready for the inspection and
approval of the Water Department of the City of Fort Worth and City Council of the City of Fort
Worth within a period of 360 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
6/17/09 C-1
become due him, the sum of$1,000.00) 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 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 an itemized statement
of the total cost thereof, 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 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 injury, 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 injury
or damage is caused in whole or in part by the negliqence 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, 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.
qr
6/17/09 C-2
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 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 all 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
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 Three million one hundred and thirty seven thousand Dollars, ($3,137,000.00).
9.
It is further agreed that the performance of this Contract, whether 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.
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.
6/17/09 C-3
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 LEqgjcounterparts with its corporate seal
attached.
Done in Fort Worth, Texas, this the `� day of A.D., 20J(
APPROVAL RE OMMENDED: CITY OF FORT WORTH
(� BY:
kj-DIRECTOR, WATER DEPARTM T ASSISTANT CITY MANAGER
ATTEST:
Reynolds, Inc.
CONTRACTORA)t�( _pc�
CITY SECRETARY '0;-R 100000004_4
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BY: / �~ °xP.
Carl J. in - Vice President °C Y z�� � °° o aJd
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2,356 Glenda. Lane RO AS O FORM AND LEG
Ihilas, TX 75229
ADDRESS
ASS[_ ANT CITY ATTORNEY
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH] TX
6/17/09 C-4
M&C Review Page 1 of','
FoRTW0RTII
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 7/19/2011
REFERENCEC-25044 LOG NAME. 60NORTH HOLLY HSPS
DATE: 7/19/2011 NO.. REPL PROJECT
NOW PUBLIC NO
CODE: C TYPE: CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract in the Amount of$3,137,000.00 with Reynolds, Inc., for
the North Holly High Service Pump Station Discharge Pipe Replacement Project
(COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with
Reynolds, Inc., in the amount of$3,137,000.00 for the North Holly High Service Pump Station
Discharge Pipe Replacement Project.
DISCUSSION:
The North Holly High Service Pump Station was constructed in 1892 while the North Holly Water
Treatment Plant was constructed in 1912. Since that time, numerous expansions, rehabilitations and
improvements have been made to the treatment, pumping and piping facilities at North Holly.
The majority of the existing pump station discharge piping at the North Holly Water Treatment Plant
was installed in the 1940s. A portion of the pipe is buried and a portion is located underground in
reinforced concrete tunnels constructed in the 1930s. Pressures in these pipelines generally range
from 95 to 105 psi. With pressures this high, a major leak or pipe break would result in significant
damage to the plant facilities and reduce the capability to meet water demands until repairs are
made.
On June 19, 2007, (M&C C-22199) City Council authorized the execution of an Engineering
Agreement for the North and South Holly Water Treatment Plant Condition Assessment. This
assessment recommended replacement of the pump station discharge piping due to the age,
condition, the difficulty in making repairs and the consequences should a break occur. On November
16, 2010, (M&C C-24602) City Council authorized the City Manager to execute an Engineering
Agreement with Kimley Horn and Associates, Inc., for the design of the North Holly High Service
Pump Station Discharge Pipe Replacement Project.
The project was advertised for bid in the Fort Worth Star-Telegram on April 14, 2011 and April 21,
2011. On May 12, 2011, the following nine bids were received:
BIDDER TOTAL BID CONTRACT TIME
Reynolds, Inc. $3,137,000.00 360 Calendar Days
Archer Western Contractors $3,294,000.00
S.J. Louis Construction $3,575,001.00
Red River Construction Co. $3,787,300.00
AUI Contractors $4,025,000.00
Legacy Contracting $4,055,000.00
11
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15433&councildate=7/19/2011 7/26/2011
M&C Review Page 2 of 2
JArk Contracting Services 11$4,100,000.00
Oscar Renda Contracting 11$4,560,000.00
Conatser Construction $4,579,000.00
This project will remove and replace existing pipe ranging in size from 24-inch to 54-inch diameter,
remove and abandon existing tunnels deemed to be structurally unsound and install a new reinforced
concrete pipe chase. Project has been sequenced and coordinated as required to allow uninterrupted
pumping from the North Holly Pump Station throughout the course of construction.
In addtion to the contract cost, $63,000.00 is provided for project contingencies.
Reynolds, Inc., is in compliance with the City's M/WBE Ordinance by committing to 22 percent
M/WBE participation. The City's goal on this project is 22 percent.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P265 541200 601530163180 $3.137,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Chris Harder(8293)
ATTACHMENTS
60NORTH HOLLY HSPS REPL PROJECT MAP. df
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15 43 3&councildate=7/19/2011 7/26/2011