HomeMy WebLinkAboutContract 41558 CITY S,F
CITY SECRETARY ' l _
COtiSPECIFICATIONS CONTRACT NO ` 15� C�
(~ OPY and
( CONSTF<'u, CONTRACT DOCUMENTS
rr CL.IENi i✓EPA k'l f',1' IIJ For
WATER& SANITARY SEWER REPLACEMENT
CONTRACT 2005 WSM-E
Project No.: 00394 ,
DOE No.: 5312
Water Project No.: P253-603170039483
Sewer Project No.: P258-703170039483
in
THE CITY OF FORT WORTH,TEXAS
Mike Moncrief Dale A. Fisseler, P.E.
Mayor City Manager
S. Frank Crumb, P.F. William A. Verkest, P.E.
Director, Water Department Director,
Transportation& Public Works
0 F F I C 4�A L R ;C 0 R D
PREPARED BY: C-1.' S%_I' . TARY
Lockwood, Andrews &Newnam, Inc.
1320 South University Drive,
University Centre 11 — Suite 450
Fort Worth, Texas 76107
(817) 820-0420
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Lockwood,Andrews �� '�
&Newnam, Inc. • .......
............... ...
( A LEO A DALY COMPANY WALTER P. NORWOOD 4
L. �L..»....82049 �
Registration No. F-2614 �'c•9FGISSE�'�O• `��('
IONAL
2010 j 0
1� 11 I
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/1/2011 - Ord. No. 19572-03-2011
DATE: Tuesday, March 01, 2011 REFERENCE NO.: C-24762
LOG NAME: 6005WSME-CONATSER
SUBJECT:
Authorize Execution of a Contract in the Amount of$1,078,537.00 with Conatser Construction TX, LP, for
Water and Sanitary Sewer Replacement Contract 2005, WSM-E on Ewing Avenue, Kirkwood Road, Llano
Avenue and San Marcos Drive and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$1,183,003.00 from the Water and Sewer Operating Fund to the Water Capital
Projects Fund in the amount $769,215.00 and Sewer Capital Projects Fund in the amount of$413,788.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of$769,215.00 and Sewer Capital Projects Fund in the amount
of$413,788.00 from available funds; and
3. Authorize the City Manager to execute a contract in the amount of$1,078,537.00 with Conatser
Construction TX, LP, for Water and Sanitary Sewer Replacement Contract 2005 WSM-E on Ewing
Avenue, Kirkwood Road, Llano Avenue and San Marcos Drive.
DISCUSSION:
On April 14, 2009, (M&C C-23450) the City Council authorized the City Manager to execute an
Engineering Agreement with Lockwood, Andrews & Newnam, Inc., for Water and Sanitary Sewer
Replacement Contract 2005 WSM-E.
The project consists of water and sanitary sewer main replacements on the following streets:
Street From To
Ewing Avenue Williams Road U.S. 377
Kirkwood Road Floyd Drive West Clayton Road
Llano Avenue Brazos Avenue Marks Place
San Marcos Drive South Normandale Street Dead End
The project was advertised for bid on November 18, 2010 and November 25, 2010, in the Fort Worth Star-
Telegram. On December 16, 2010, the following bids were received:
Bidder Amount Time of Completion
Burnsco Construction, Inc.* $1,019,254.00
SHUC, Inc** $1,074,645.00
Conatser Construction TX, LP $1,078,537.00 230 Calendar Days
http://apps.cfwnet.org/ecounci Uprintmc.asp?id=14830&print=true&DocType=Print 3/3/2011
Page 2 of 3
ME Burns Construction, Inc. $1,143,948.50
Cleburne Utility Construction, Inc. $1,286,964.50
Jackson Construction $1,294,636.00
Gin-Spen Inc. $1,804,618.00
*Burnsco Construction, Inc., has been determined to be non-responsive to the specifications and contract
documents due to failure to acknowledge Addendum No. 4.
**SHUC, Inc., has been determined to be non-responsive to the specifications and contract documents
due to failure to comply with the City's M/WBE Ordinance.
Staff therefore, recommends that the contract be awarded to the next lowest responsive and responsible
bidder, Conatser Construction TX, LP.
M/WBE - Conatser Construction TX, LP, is in compliance with the City's M/WBE ordinance by committing
to 11 percent M/WBE participation. The City's goal on this project is 11 percent.
In addition to the contract cost$61,000.00 (Water: $35,000.00; Sewer: $26,000.00) is required for
construction staking, project management, material testing and inspection and $43,466.00 (Water;
$25,000.00; Sewer: $18,466.00) is provided for project contingencies.
This project is located in COUNCIL DISTRICT 3.
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
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 6031700394ZZ $769,215.00 1)PE45 538040 0609020 $769,215.00
1&2) P258 476045 7031700394ZZ $413,788.00 1) PE45 538040 0709020 $413.788.00
2) P253 531350 603170039452 $7,000.00 3) P253 541200 603170039483 $709,215.00
2) P253 511010 603170039480 $5,000.00 3) P258 541200 703170039483 $369,322.00
2) P253 541200 603170039483 $734,215.00
2) P253 531200 603170039484 $7,000.00
2) P253 531350 603170039484 $2,000.00
2) P253 531350 603170039485 $15,000.00
2) P258 531350 703170039452 $5,000.00
2) P258 511010 703170039480 $5,000.00
2) P258 541200 703170039483 $387,788.00
2) P258 531200 703170039484 $5,000.00
2) P258 531350 703170039484 $1,000.00
2) P258 531350 703170039485 $10,000.00
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=14830&print=true&DoeType=Print 3/3/2011
CITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
1 COUNTY OF TARRANT
This Contract made and entered into this the i Jr day of f'�`l� "� 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 Conatser Construction TX, LP, ("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 System Replacement Contract 2005 WSM-E
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(2230) 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
j OFFICIAL RECORD
6i17i09 c-i CITY SECRETARY
�< It-J. WORTH, TX
become due him, the sum of$420.00 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.
x
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,
e 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.
i OFFICIAL RECORD
CITY SECRETARY '
Tr 'WORTH, TX
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
1 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 D ONE MILLION SEVENTY EIGHT THOUSAND EIGHT HUNDRED THIRTY SEVEN
DOLLARS AND ZERO CENTS($1,078,537.00) Dollars, ($1,078,537.00)).
' 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 pf.the .itv aLF it wzrtn
OFFICIAL RECORD!
CITY SECRETARY E
6/17/09 C-3
FT,V GRTH� DAL
F
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 (Number here) counterparts with its corporate
seal attached.
Done in Fort Worth, Texas, this the day of t F A.D., 20_
APPROVAL RECOMMENDED: CITY OF FORT WORTH
BY:
DIRECTOR, WATER ASSISTANT CITY MANAGER
DEPARTMENT
ATTEST:
Co(1d5er 0 oA5�rLk(- -t0n -r� 'LP
CONTRACTOR
CITY SECRETARY pq.Oo�Ogr�aa
{SEAL} ,o►� 00 0a40�
BY: Fx�oO 0 aox
/ 0 0-il d
l/Jerry Conatser,President of
Conatser Management Group,Inc,G.P. 0 00��
X0000000000 b�
Conatser Construction TX,LP AP V AST M AND LEGALITY:�Q�XA S40�'
PO Box 15448
Fort Worth,TX 76119
AS TA CITY ATTORNEY
Contract Authozizatioa
___3LLL,L--
Date
FOFFICIAL RECORDI
CITY S`cRUTARY
�T WORTH, TX
6/17/U9 ,-4