HomeMy WebLinkAboutContract 42189 I. CITY SECRETA
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5� i6fCATIONS AND CONTRACT DOCUMENTS
O CLIENT DEPARTMENT
WATER AND SANITARY SEWER
REPLACEMENTS
CONTRACT 2009 WSM-F
PROJECT NUMBERS:
WATER-P253-541200-602170138883
SEWER-P258-541200-702170138883
CITY PROJECT NO. 01388
T/PW D.O.E. NO. 6265
APRIL 2011
a
CMIKE MONCRIEF THOMAS M. HIGGINS
MAYOR DEPUTY CITY MANAGER
S. FRANK CRUMB P.E.-DIRECTOR
LWATER DEPARTMENT
PREPARED BY: �F opt
WATER DEPARTMENT
�I• •ME�At�t1.0! .
OFFICIAL RECORD .. .,
CITY SECRETARY
FT. WORTH, TX � ,,.
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M&C - Council Agenda Pagel of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/2/2011 -Ordinance No. 19817-08-2011
DATE: Tuesday,August 02, 2011 REFERENCE NO.: ""C-25085
LOG NAME: 6009WSMF-MEBURNS
SUBJECT:
Authorize Execution of a Contract in the Amount of$976,600.00 with M.E. Burns Construction, Inc., for
Water and Sanitary Sewer Replacements Contract, 2009 WSM-F on Bluebonnet Drive, Dalford Street,
Goldenrod Avenue, Highcrest Avenue and Westbrook Avenue and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$1,069,416.00 from the Water and Sewer Operating Fund in the amounts of
$686,290.00 to the Water Capital Projects Fund and$383,126.00 to the Sewer Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund by the amount of$686,290.00 and the Sewer Capital Projects Fund by the
amount of$383,126.00 from available funds; and
3. Authorize execution of a contract with the lowest responsive and responsible bidder, M.E. Burns
Construction, Inc., in the amount of$976,600.00 for Water and Sanitary Sewer Replacements Contract
2009, WSM-F.
DISCUSSION:
This project consists of the replacement of the severely deteriorated water and/or sanitary sewer mains as
indicated on the following streets:
Street
E . I From To Scope of Work
Bluebonnet Drive DaiseyLane Goldenrod Avenue water/sewer
Dalford Street JJWestbrookAvenue IN. Sylvania Avenue water
Goldenrod Avenue Bluebonnet Drive Chandler Avenue water
Highcrest Avenue lBraswell Drive Crabtree Street water/sewer
Westbrook Avenue Dalford Street N. Sylvania Avenue water/sewer
The project was advertised for bid on April 21, 2011 and April 28, 2011, in the Fort Worth Star-Telegram.
On May 19, 2011, the following bids were received:
Bidders Amount JITime of Completion
M.E. Burns Construction, Inc. $ 976,600.0g180 Calendar Days
Cleburne Utility Construction Company, Inc. $1,026,295.60
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15499&print=true&DocTvne=Print 9/1/1.011
M&C - Council Agenda Page 2 of 3
ITri-Tech Construction, Inc. $1,063,672.50
Conatser Construction TX, LP $1,066,505.00
William J. Schultz, Inc. d/b/a Circle "C" $1,120,783.00
Construction Company
Gra-Tex Utilities, Inc. $1,145,085.00
Burnsco Construction, Inc. $1,149,113.00
TNT's Pipeline Corporation $1,302,070.00
Gin-Spen, Inc. $1,424,473.00
M/WBE—M.E. Burns Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing
to 17 percent M/WBE participation. The City's goal on this project is 17 percent.Additionally, M.E. Burns
Construction, Inc., is a certified M/WBE firm.
In addition to the contract amount, $50,500.00 (water: $31,000.00; sewer: $19,500.00) is required for
construction survey, project management, material testing, inspection, mapping and as-built drawings and
$42,316.00 (water: $25,000.00; sewer: $17,316.00) is provided for change order contingencies.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance 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
budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2)P253 476045 6021701388ZZ $686.290.00 1) PE45 538040 0609020 $686.290.00
1&2)P258 476045 7021701388ZZ $383.126.00 1) PE45 538040 0709020 $383.126.00
2)P253 531350 602170138852 $6,000-00 3) P253 541200 602170138883 $630.290.00
2)P253 511010 602170138880 $3,000.00 3) P258 541200 702170138883 $346.310.00
2)P253 541200 602170138883 $655.290.00
2)P253 531350 602170138884 $2,000.00
2)P253 531200 602170138884 $5,000.00
2) P253 531350 602170138885 $12,000.00
2)P253 531350 602170138892 $1,000.00
2)P253 511010 602170138893 $1,000.00
2) P253 531350 602170138894 $1,000.00
2) P258 531350 702170138852 $4,000.00
2) P258 511010 702170138880 $1,500.00
2)P258 541200 702170138883 $363.626.00
2) P258 531350 702170138884 $1,000.00
2) P258 531200 702170138884 $2,000.00
2) P258 531350 702170138885 $8,000.00
2) P258 531350 702170138892 $1,000.00
2) P258 511010 702170138893 $1,000.00
2)P258 531350 702170138894 $1,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15499&print=true&DocType=Print 8/3/2011
M&C - Council Agenda Page 3 of 3
Additional Information Contact: J. Chris Underwood (2629)
ATTACHMENTS
1. 60 09WSMF-MEBURNS.doc (Public)
2. 6009WSMF-MEBURNS Sewer FAR Pd f (CFW Internal)
3. 6009WSMF-MEBURNS Water FAR pdf (CFW Internal)
4. 6009WSMF-MEBURNS.Of (CFW Internal)
5. 6009WSMF-MEBURNS 1 OF 4.pdf (Public)
6. 6009WSMF-MEBURNS 2 OF 4 pdf (Public)
7. 6009WSMF-MEBURNS 3 OF 4.pdf (Public)
8. 6009WSMF-MEBURNS 4 OF 4 pdf (Public)
9. PE45-538040-0609020.doc (CFW Internal)
10. PE45-538040-0709020.doc (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15499&print=true&DocType=Print 8/3/2011
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 , 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 M.E. Burns Construction. 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 and Sanitary Sewer Replacements Contract 2009 WSM-F
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 One Hundred-Eighty (180) 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/i7/C9
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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 partby 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 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 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.
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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 Nine-Hundred-Seventy-Six Thousand, Six Hundred Dollars, ($976,600.00).
' 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_counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the day of A.D., 20_
APPRO L RECOMMENDED: CITY OF FORT WORTH
BY: 4;;Z/'
tDIRECTOR, WATER DEPARTMENT ASSISTANT CITY MANAGER
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6/17/09 C-4