HomeMy WebLinkAboutContract 42205 EXECUTED COPY
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SPECIFICATIONS
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CONTRACT
CONTRACT DOCUMENTS
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RIVERSIDE WASTEWATER TREATMENT PLANT
DIGESTER SLUDGE TREATMENT, REMOVAL AND DISPOSAL PROJECT
WATER DEPARTMENT PROJECT NO. WTR-2010-200051
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MIKE MONCRIEF
MAYOR
( -
THOMAS HIGGINS ANDY CRONBERG, P.E.
J INTERIM CITY MANAGER ASSISTANT DIRECTOR
WATER DEPARTMENT
S. FRANK CRUMB, P.E. RICHARD S. TALLEY
DIRECTOR REGULATORY/ENVIRONMENTAL
WATER DEPARTMENT COORDINATOR
WATER DEPARTMENT
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IAPRIL 2011
I -
r� FREES
'10MICHOLS
4055 INTERNATIONAL PLAZA, SUITE 200
FORT WORTH, TEXAS 76109-4895
(817) 735-7300
F&N No: FTW94158C
OFFIC,0AL RECORD
CITY Aky
FT Vj0F. '�; X
tCITY 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 ,
' 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 AUI Contractors. LLC, ("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: Digester Sludge Treatment, Removal and Disposal Project at Riverside
' Wastewater Treatment Plant
IThat 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 Purchasing Department of the
I City of Fort Worth.
4.
I 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
I Worth within a period of 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
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the General Conditions, there shall be deducted from any monies due or which may thereafter I
become due him, the sum of$ 630 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. I
Should the Contractor fail to begin the work herein provided for within the time herein I
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 I
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 and itemized statement I
of the total cost thereof, said excess cost.
6.
Contractor Covenants and agrees to indemnify the Owner, Owner's Engineer and I
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, I
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, 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 I
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 inlury
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. '
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 tha prq cvtion 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 Alternate Bid - Demolition Removal and Disposal of Digester
I Tanks and Control Rooms-Add Items, shall
be Five Million Two Hundred Fifty Five Thousand Forty Dollars, ($5,255.040.00).
9.
IIt is further agreed that the performance of this Contract, wither 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.
I 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
Iattached 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
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and the laws of the State of Texas with references to and governing all matters affecting this I
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 I
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 I
attached.
Done in Fort Worth,Texas, this the day of 1 , A.D., 20—H
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APPROV L RECOMMENDED: CITY OF FORT WORTH
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1 BY: 5w*"
S. Frank Crumb, P.E. Fernando Costa I
DIRECTOR,WATER DEPARTMENT ASSISTANT CITY MANAGER
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ATTEST:
AUI Contractors. LLC - I
CONTRACTOR
Marty Hendrix otr"� o�y��a I
CITY SECRETARY ,a Q000°O°oo°ofj,��
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4775 North Freeway 44nnt�X O4a�''
APPROVED AS TO FORM400 LEG�CL
Fort Worth,TX 76106
ADDRESS I
rista R. Gynolds
ASSISTANT CITY ATTORNEY I
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OFFICIAL RECORD
CITY SECRETARY '
FT. MnRT�+, rx
6/17/09 C-4 '
t Official site of the City of Fort Worth,Texas
FORT WORTIi
CITY COUNCIL AGENDA *4 '
COUNCIL ACTION: Approved on 8/2/2011
DATE: 8/2/2011 REFERENCE C-25090 LOG NAME: 60RIVERSIDE WTP AUI
NO.: CONTRACTORS
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize Execution of a Contract with AUI Contractors, LLC, in the Amount of
$5,255,040.00 for Digester Sludge Removal, Treatment and Disposal at Riverside
Wastewater Treatment Plant in Gateway Park (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with AUI
Contractors, LLC, in the amount of$5,255,040.00 for digester sludge removal, treatment and
disposal at the former Riverside Wastewater Treatment Plant in Gateway Park.
DISCUSSION:
On February 15, 2011, (M&C C-24742) the City Council authorized the execution of a contract with
Freese and Nichols, Inc., to finalize the cleanup plans and specifications for removal of sewage
sludge containing PCBs and heavy metals from eight digesters located at the former Riverside
Wastewater Treatment Plant (Sector 1) in Gateway Park and assist with bid-phase services. Freese
and Nichols, Inc., will provide on-site management during cleanup activities necessary to remove the
sludge from the digesters and conduct follow-up laboratory sampling and reporting activities in
accordance with Texas Commission on Environmental Quality (TCEQ) and U.S. Environmental
Protection Agency (EPA) regulations.
City staff recommends accepting the low bid of$5,255,040.00 submitted by AUI Contractors, LLC.
The total base bid of$4,900,440.00 includes removal, treatment and disposal of the contaminated
sewage sludge from eight digesters. The alternate bid items totaled $354,600.00. The alternate bid
items include backfill material necessary to fill voids after the digesters are demolished and
stabilization of the site. Contract time is 180 calendar days with construction to begin in August 2011
and anticipated completion in January 2012.
This project was advertised for bid on April 21, 2011 and April 28, 2011 in the Fort Worth Star-
Telegram. On May 26, 2011, the following bids were received:
Bidder Total Base Bid Alternate Bid Total Bid
AUI Contractors, LLC $4,900,440.00 $354,600.00 $5,255,040.00
Eagle-SWS $4,992,367.25 $287,783.00 $5,280,150.25
Archer Western Contractors $5,335,526.00 $364,100.00 $5,699,626.00
Oscar Renda Contracting, Inc. $5,841,170.00 $ 95,750.00 $5,936,920.00
In addition to the contract cost $260,650.00 is required for project contingencies. Project contingency
is necessary to account for potential variations in quantities of contaminated sewage sludge that
require disposal due to uncertainty in the amount of liquids that can be removed and treated from
each digester.
AUI Contractors, LLC, is in compliance with the City M/WBE Ordinance by committing to 14 percent
M/WBE participation. The City's M/WBE goal on this project is 13 percent.
This project is in COUNCIL DISTRICT 4.
A t
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Water and Sewer Fund.
TO Fund/AccountJCenters FROM Fund/Account/Centers
PE45 245100 000000 $5.515.690.00
Submitted for Citf Manaaees Office by: Fernando Costa (6122)
Orlainatinsi Deoartrnent Head: S. Frank Crumb (8207)
Additional Information Contact: Richard Talley (8203)
ATTACHMENTS
60RIVERSIDE WfP AUI CONTRACTORS MAP.pdf