HomeMy WebLinkAboutContract 42116 t
F FORTWORTH
CITY SECRETARY L j
CONTRACT NO.
l SPECIFICATIONS AND CONTRACT DOCUMENTS
r FOR
Rolling Hills Water Treatment Plant, Lake Worth Spillway, and
Westside Water Treatment Plant
Alert Notification and Security Improvements
Q CITY PROJECT No. 00496
SEPTEMBER 2010
O CONFORMED
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayor City Manager
S. Frank Crumb, P.E.
Director, Water Department
L
PREPARED FOR:
The City of Fort Worth
BY:
OFFICIAL RECORD
P&Y
CITY SECRETARY FT. WORTH, TX
CP&Y, Inc.
TBPE REG #1741
- I - iI
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 Month here) day of(Name of Month
here) , 20(Year here), 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 (Contracting Company Name here)Schneider Electric
("Contractor"). Owner and Contractor may be referred to herein individually as a "Party" or Buildings Americas, In
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: (Project Name and Identification here) Rolling Hills WTP, Lake Worth Spillway, and
Westside WTP, Alert Notification and Security improvements.
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 7
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 (Department Names here)""�0e-`'
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 s.-+'
within ten (10) days after being notified in writing to do so by the (Sponsoring Department Here)w4-AP-t-
Department of the City of Fort Worth.
4.
j 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
Water Dept. of approval of thej(Sponsoring Department Here) Department of the City of Fort Worth and City
city of For Unci o e City of Fort Worth within a period of(Number of Contracted Days here) (Calendar
' h or Working here) days.y (10 Months"3; 1'►7s
Lir
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
become due him, the sum of$(Dollar Amount here) 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 DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND,
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND
VOLUNTEERS, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH
OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT,WHEN
SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE
OF CONTRACTOR, ITS OFFICERS,AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON
OR ENTITY.
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.
If there is a conflict between Part C—General Conditions and this Section of the
Contract, then this Section of the Contract shall prevail.
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$100,000, a Performance Bond shall be
executed, in the amount of the Contract conditioned on the faithful performance of the work in
accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be
' for the protection of the Owner.
D. A Two-year Maintenance Bond in the name of the Owner is required for all
projects to insure the prompt, full and faithful performance of the general guarantee contained in
the Contract Documents.
8.
The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of
the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the
Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment
will be made in monthly installments upon actual work completed by Contractor and accepted by
the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount
(including/excluding) alternates (Alternate Names or"Na" here)? l I one and two shall
' be (Dollar Amount Spelled Out here) Dollars, ($(Dollar Amount Shown Numerically here)).
Two Million, one hundred ninety seven thousand, ninety five dollars - $2,197,095:00
Both Parties agree and acknowledge that the provisions of Section C1-1.27, Section C5-
5.5 Section C5-5.17 Section C7-7.12 Section C8-8.8 shall be carried out in concert with the City
' Administrative Regulations and City Code, including but not limited to City Code Section 2-9(f)
which states: "[w]here any individual change order pertaining to a public works contract involves
an increase or decrease in cost of twenty-five thousand dollars($25,000.00) or less, the change
order may be approved and executed by the city manager upon the written recommendation of
the director of the department responsible for such work and without the necessity of city council
approval; provided, however, that sufficient funds have previously been appropriated for payment
' of such added cost."
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 (Sponsoring Department Here) Department.
C-3
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.
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 Numb here counterparts with its corporate
seal attached.
Done in Fort Worth, Texas, this the day of UI S� A.D., 20
APPROY74L RECOMMENDED: CITY OF FORT WORTH
�� l L/I ►{ BY: /Gf�a.w.«�.C. ►-�
DIRECTOR, (Sponsoring Department ASSISTANT CITY MANAGER
Here)DEPARTMENT
ATTEST:
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Schneider Electric Buildings Americas Inc. �'
CONTRACTOR p oXY �e
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CITY SECRETA* 0�o o°
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Thomas Authier
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TITLE
APPROVED AS TOAND LEGALITY:
1650 West Crosby Rd., Carrollton, TX 75006
ADDRESS
ASSISTANT CI Y ATTORNEY
NO M&C REQUIRED OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH, TX
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M&C Review Page 1 of 2
Ufficial site of the City of Fort Woith,Texas
CITY COUNCIL AGENDA Fo�r„ o�rE1
COUNCIL ACTION: Approved on 4/12/2011
DATE: 4/12/2011 REFERENCE NO.: **C-24849 LOG NAME: 06FORT WORTH STAR
TELEGRAM
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize an Encroachment Agreement with the Fort Worth Star-Telegram for Building
and Tunnel Improvements Installed Above and Below the Sixth Street Right-of-
Way (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a standard encroachment
agreement with the Fort Worth Star Telegram for their building located at 400 West 7th Street to replace an
encroachment agreement that expired for building and tunnel improvements above and below 6th street.
DISCUSSION:
The Fort Worth Star-Telegram has requested an encroachment agreement to renew an expired
encroachment agreement authorizing the use of the 6th Street right-of-way for building and tunnel
improvements associated with their building at 400 West 7th Street. The original encroachment agreement
was approved by the City Council in 1972, executed in January 1973 and expired in 1998. There have been
no changes to the building and the encroachment still matches what was approved in the original
agreement.
The Encroachment Committee, consisting of staff from the Transportation and Public Works Department,
Water Department and the Planning and Development Department has reviewed and approved this
encroachment request.
The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement will be 30
years.
This property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Department is
responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421232 0062000 $575.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: David Schroeder(2239)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15126&councildate=4/12/2011 9/4/2013
M&C Review Page 2 of 2
ATTACHMENTS
FWST 1970 encroachment agreement MC.Pdf
FWST Exhibits 040411.doc
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15126&councildate=4/12/2011 9/4/2013