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HomeMy WebLinkAboutContract 42286 QETY SECRETARY CONTRA NO --L[22-7 1 FORTWORTH � y SPECIFICATIONS AND CONTRACT DOCUMENTS FOR I STORM WATER UTILITY PROJECT I SUMMERCREST DRIVE DRAINAGE IMPROVEMENTS I CITY PROJECT No. 01023 TPW No. P227-541200-20328012383 I APRIL 2011 ' Mike Moncrief T.M. Higgins Mayor Interim City Manager I Greg Simmons, P.E. Acting Director, Transportation and Public Works Department S. Frank Crumb, P.E. IDirector, Water Department Richard Zavala IDirector, Parks and Community Services Department I PREPARED FOR: The City of Fort Worth �000ecf cotl'�.P Dannenbaum Engineering Corporation ��� a � oe1 0� TBPE Firm Registration No. 392 6421 Camp Bowie Boulevard Suite 400 �oec000e00000"ogee I Fort Worth, Texas 76116 l�o�°sooaQooaoocacts.oeocu•000aC•7 ?�eo�� � q Phone 817-763-8883 Fax 817-377-2956 �� 6-8 17 0? <:) -BEe roject No.4402-01 m&u xeview Page 1 of 2 Uffi( v site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FOR�TII COUNCIL ACTION: Approved on 8/9/2011 DATE: 8/9/2011 REFERENCE **C-25094 NAME:LOG 2000NSTRUCTION_SUMMERCREST CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with RKM Utility Services, Inc., in the Amount of $741,269.00 for the Summercrest Drainage Improvements (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with RKM Utility Services, Inc., in the amount of$741,269.00 for construction of the Summercrest Drainage Improvements. DISCUSSION: The construction contract recommended by this M&C will facilitate the construction of the following: installation of a storm drain system on Summercrest Drive from Cloudview Road to Briarhaven Road and on Briarhaven Road from Summercrest Drive to the existing concrete channel paralleling Sarita Drive. Also included in the project is the extension of a storm drain system on Trails Edge Road from Arroyo Road to the south at the end of the cul-de-sac. These improvements are needed to address roadway overtopping. Costs for the implementation of this project will be funded by the Storm Water Capital Projects Bond 2009 Fund. The project was advertised for bid on April 7, 2011 and April 14, 2011 in the Fort Worth Star- Telegram. On May 5, 2011, the following bids were received: BIDDERS AMOUNT TIME OF COMPLETION RKM Utility Services, $741,269.00 180 Calendar Days Inc. Tri-tech Construction $777,018.00 Conatser Construction $788,670.00 Atkins $1,206,579.00 It is recommended that the bid submitted by RKM Utility Services, Inc., be selected and that the contract be awarded in the amount of$741,269.00. Funding in the amount of$106,500.00 is included in the project budget for associated Transportation and Public Works costs for construction survey, project management, materials testing and inspection costs. The contingency fund for possible change orders is $25,000.00. RKM Utility Services, Inc., is in compliance with the City's M/WBE Ordinance by committing to 21 percent M/WBE participation. The City's goal on this project is 20 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 89 F. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated of the Storm Water Capital Projects Bond 2009 Fund. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15561&councildate=8/9/2011 9/2/2011 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P227 541200 203280102383 $741269.00 Submitted for City Manager's Office b� Fernando Costa (6122) Originating Department Head: Doug Wiersig (7801) Additional Information Contact: Michael Owen (8079) ATTACHMENTS M and C 01023 Summercrest Dr Drainage pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15561&councildate=8/9/2011 9/2/2011 CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT AUG 09 2011 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 County, Denton, Parker, and Wise Counties, Texas, by an through its duly authorized Assistant City Manager, ("Owner"), and RKM Utility Services, 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: Summercrest Drainage Improvements(Council District 3) 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 the Department of Engineering for the Transportation and Public Works 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 Department of Engineering 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 Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180 calendar days. If the Contractor should fail to complete the work as set forth in the Plans and pecifrcations and ct Documents within the time so stipulated, plus any additional time allowed sQFAlQ 4rf4 b' al Conditions, there shall be deducted from any monies due or which may ther f"cqMl;J4AW e sum of$315 Per working day, not as a penalty but as liquidated damages, the Contractor and his 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 City 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 said City 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 City'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 he deems it 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. All bonds furnish 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.Jhr— 4he-wgrk has been completed and accepted by the Owner. OFFICIAL REC01111 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 foresaid 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 Seven Hundred Forty-one Thousand Two Hundred Sixtv-nine and no/100.......................................................................................................................Dollars,($741,269.00). 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 Director of the Department of Engineering. 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 agreement 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, 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. t� AUG 0 9 2011 Done in Fort Worth,Texas,this the day of ,A.D., 2011. �� ; 3 APPROVAL RECOMMENDED: CITY OF FORT WORTH Dougl . Wiersig, P.E. -- irector Transportation Public Works FERNANDO COSTA, ASST CITY MANAGER c FoRr��� ATTEST: °o°° °0o Q p 1 ° °°0''►�d RKM Utility Services,Inc. v 0.o o° d ° o°.r[d 1544 Valwood Parkway,Suite 100 *°o°000000 o° 41 ,d Carrollton,TX 75006 CONTRACTOR CITY SECRETARY (S E A L) BY. RKM Utility Services, Inc. • i t ' 1544 Valwood Parkway, Ste. 100 Carrollton, Texas 75006 APPROVED AS TO FORM AND LEGALITY: ADDRESS ASS"T. Y ATTORNEY November 1960 Revised May 1986 Revised September 1992 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX