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CLIENT DEPARTMENT
DSPECIFICATIONS AND CONTRACT DOCUMENTS
WATER MAIN REPLACEMENTS
CONTRACT 2011A
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(' PROJECT NUMBERS:
WATER-P253-601170168383
CITY PROJECT NO. 01683
G 'TPW/DOE NO. 6
642
APRIL 2011
MIKE MONCRIEF THOMAS M. HIGGINS
MAYOR
DEPUTY CITY MANAGER
C
S. FRANK CRUMB,P.E. -DIRECTOR
LWATER DEPARTMENT SOF
OFFICIAL RECORD ,*1r, ,
CITY SECRETARY ' AUNCM R
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FT. WORTH, TX �•ti 7vu
08-11- 11 P12: 13 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_day of ;; ;y Z ;I;: , 20
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 Atkins Bros. Equipment Co. 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: Water Main Replacements Contract 2011A
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 Water 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 three hundred sixty five (365) 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
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become due him, the sum of$ 315.00 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 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, 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.
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
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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!Million Dollars, ($1000 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.
6i i? 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—counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the day of -a 1) 1'.
A.D., 20
APP R L RECOMME�f DED:
<1 CITY OF FORT WORTH
DIRECTOR, WATER DEPARTMENT BY.
ASSISTANT CITY MANAGER
ATTEST:
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6/17/ 9
C-4
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/2/2011 - Ordinance No. 19827-08-2011
DATE: Tuesday, August 02, 2011 REFERENCE NO.: C-25091
LOG NAME: 60W2011A-ATKINSB
SUBJECT:
Authorize Execution of a Contract in the Amount of$1,000,000.00 with Atkins Brothers Equipment
Company, Inc., for Water Main Replacements Contract 2011A at Various Locations Throughout the City of
Fort Worth and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$1,149,300.00 from the Water and Sewer Operating Fund to the Water Capital
Project Fund;
2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund by the amount of$1,149,300.00; and
3. Authorize execution of a contract with Atkins Brothers Equipment Company, Inc., in the amount of
$1,000,000.00 for Water Main Replacements Contract 2011A.
DISCUSSION:
The work to be performed under this contract consists of replacing and/or relocating water mains, services
and other pertinent construction required to provide water service to individual customers or developers.
The bid documents included a stipulation that the total quantities listed may not reflect actual quantities
and that the amount budgeted for the projects is $1,000,000.00. Final payments will be made based on
actual measured quantities.
The project was advertised on March 17, 2011 and March 24, 2011. On April 14, 2011 the following bids
were received:
BIDDERS JBID AMOUNT TIME OF CONTRACT
Atkins Brothers Equipment Company, lnc.]DI$1,163,883.00IF365 Calendar Days
Conatser Construction TX, LP $1,164,670.00
William J. Schultz Inc. d/b/aCircle "C" $1,411,705.00
Construction Company
Cleburne Utility Construction, Inc. $1,646,001.59
Atkins Brothers Equipment Company, Inc., is in compliance with the City's M/WBE Ordinance by
committing to 23 percent M/WBE participation. The City's goal for this project is 16 percent.
In addition to construction cost, $30,000.00 contingency is provided for possible change orders;
$119,300.00 is required for design/construction staking, material testing and as-built mapping.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15488&print=true&DocType=Print 08/03/2011
M&C - Council Agenda Page 2 of 2
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that 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 Water Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2) P253 476045 6011701683ZZ $1,149,300.00 1) PE45 538070 0609020 $1,149,300.00
2) P253 511010 601170168330 $30,000.00 3) P253 541200 601170168383 $1,000,000.00
2) P253 541100 601170168341 $5,000:00
2) P253 531350 601170168342 $5,000.00
2) P253 531200 601170168351 $5,000:00
2) P253 531350 601170168351 $3,000.00
2) P253 531200 601170168352 $5,000:00
2) P253 531350 601170168352 $10,000.00
2) P253 531350 601170168353 $5,000.00
2) P253 531350 601170168373 $2,000.00
2) P253 511010 601170168380 $5,000.00
2) P253 533010 601170168381 $300.00
2) P253 533030 601170168381 $1,000.00
2) P253 541200 601170168383 $1,030,000.00
2) P253 531200 601170168384 $7,000.00
2) P253 531350 601170168384 $2,000.00
2) P253 531350 601170168385 $30,000.00
2) P253 531350 601170168391 $1,000.00
2) P253 531350 601170168392 $1,000.00
2) P253 531350 601170168393 $1,000.00
2) P253 531350 601170168394 $1,000.00
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Adolfo Lopez (7829)
ATTACHMENTS
1. 60W2011A-ATKINSB AOl l.doc (Public)
2. 60W201 1 A-ATKI NSB COMPLIANCE.Pd (CFW Internal)
3. 60W2011A-AtkinsB FAR.gdf (CFW Internal)
4. PE45-538040-0609020.doc (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15488&print=true&DocType=Print 08/03/2011