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HomeMy WebLinkAboutContract 42143 FORTWORTH ?,q ,� CIN SECRETARY T No,iy-z— D.O.E. FILE SPECIFICAT ONS AND CONTRACT DOCUMENTS r CONTRAC OR'S BONDING CK For `lR OILCOPY C CON'STRUCTION'S T WATER AND SEWER REPLACEMENT C CLIENT DEPARTMENT CONTRACT 2004, WSM-M BELLAIRE CIRCLE E. TERRELL AVENUE FAIR PARK BOULEVARD SOMERSET LANE TENNESSEE ST. E. SEMINARY DR. TO TO TO RANCH VIEW RD. UNION PACIFIC RR ROW SAHARA PLAZA OREBA COURT FAIR PARK BLVD. r TO L• W. DEAD END CFW Project 00399 D.O.E. No. 5319 Water Proj. No. P253-608170039983 Sewer Proj. No. P258-708170039983 File No. X-20406 Michael J. Moncrief Tom M. Higgins, P.E. Mayor Acting City Manager S. Frank Crumb, P.E. Director Water Department Greg S. Simmons, P.E. Acting Director Transportation and Public Works De TOFFICIAL RECORD PREPARED FOR: SECRETARYThe City of Fort Worth, Texas WORTH,TXMarch 2011 *� MULTATECHhEngineers, Inc. 2821 West 7 Street, Suite 400 �`• ••• �••-•« Fort Worth, Texas 76107 �j 105908 • Ph. 817-877-5571 fl, ••••� ••; MLI LTATE C H 1 S �/fl TBPE REG. #0351 nI J CITY OF FORT WORTH TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the day of A.D., by and between the CITY OF FORT WORTH, ahome-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), ("Contractor") Owner and CONASTER CONSTRUCTION TX LP. Owner and Contractor may be referred to herein individally as a "Parry" 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: CWater and Sanitary Sewer Replacement Contract 2004 WSM-M 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 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 himself to commence the construction of said work within ten(10) days after being notified in writing to do so by the Department of Water(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 Calender 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 become due him, the sum of $315.00 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 Contractor, 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 requirements of the 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. Pavment 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 the 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 SEVEN HUNDRED AND NINETY THREE THOUSAND FOUR HUNDRED AND SEVEN ' DOLLARS AND FIFTY CENTS ($793.407.50). 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 Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Engineering 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 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. i Done in Fort Worth, Texas,this the day RECO CITY OF FORT WORTH BY: ' feq,IRECTOR,DEPARTME OF ' WATER ' FERNANDO COSTA ASST CITY MANAGER ATTEST: CONATSER ' CONSTRUCTION TX, LP CONTRACTOR CITY SECRETARY 000 C (SEAL) pj6w A ©4•��� 0(�0 o o 0 BY: o ' °� o Brock Huggins,Vice President of j� O��rrOovvoO° 1,y Conatser Management Group Inc,G.P. TITLE m 8• Z. 11 ' P.O. Box 15448 APPROVED AS TO FORM AND Fort Worth,TX 76119 LEGALITY: ADDRESS V OFFICIAL RECORD AS T. CITY ATTORNEY I CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT WORTIJ COUNCIL ACTION: Approved on 8/2/2011 -Ordinance No. 19816-08-2011 DATE: 8/2/2011 REFERENCE NO.: **C-25084 LOG NAME: 6004WSMM- CONATSER CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract in the Amount of$793,407.50 with Conatser Construction TX, LP, for Water and Sanitary Sewer Replacement Contract 2004, WSM-M on Bellaire Circle, East Terrell Avenue, Fair Park Boulevard and Reba Court and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$876,087.50 from the Water and Sewer Operating Fund in the amounts of$553,805.00 to the Water Capital Projects Fund and$322,282.50 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$553,805.00 and the Sewer Capital Projects Fund by the amount of$322,282.50;and 3. Authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of$793,407.50 for Sanitary Sewer Replacement Contract 2004, WSM-M. DISCUSSION: On April 3,2007, (M&C C-22040) the City Council authorized an engineering agreement with Multatech Engineering, Inc., for preparation of plans and specifications for Water and Sanitary Sewer Replacement Contract 2004, WSM-M. The project provides for the replacement of the severely deteriorated water and/or sanitary sewer mains as indicated on the following streets: Street From To Scope of Work Bellaire CircAAvenue Somerset Lane Ranch View Drive water/sewer East Terrell Tennessee Avenue UP Railroad ROW waterFair Park BoEast Seminary Drive Sahara Place water/sewer Reba Court Fair Park Boulevard Dead End water/sewer The project was advertised for bid on April 7, 2011 and April 14, 2011 in the Fort Worth Star- Telegram. On May 12, 2011, the following bids were received: http://www.fortworthgov.org/counci 1_packet/mc_review.asp?ID=15396&counci ldate=8/2/2... 8/3/2011 M&C Review Page 2 of 3 Bidder Amount Time of Completion Conatser Construction TX, LP $ 793,407.50 180 Calendar Days Tri-Tech Construction, Inc. $ 876,507.00 Burnsco Construction Inc. $ 919,604.40 Jackson Construction, Ltd. $ 965,115.00 Barson Utilities, Inc. $1,001,932.50 M.E. Burns Construction, Inc. $1,004,167.50 Cleburne Utility Construction Com an , Inc. $1,807,775.50 S.H.U.C, Inc. $1,053,751.00 Atkins Brothers Equipment, Inc. $1,163,193.50 Gra-Tex Utilities, Inc. $1,229,415.00 Hall Albert Construction, LLC. $1,264,390.00 In addition to the contract cost, $43,000.00 (Water:$29,000.00;Sewer:$14,000.00) is required for construction staking, inspection and material testing and$39,680.00 (Water:$25,000.00; Sewer: $14,680.00) is provided for project contingencies. Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE participation. The City's goal on the project is 23 percent. The project is located in COUNCIL DISTRICTS 3 and 8. FISCAL INFORMATION/CERTIFICATION: The Finance 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. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) 1)PE45 538040 0609020 $553.805.00 P253 476045 6081700399Z $553.805.00 Z 2)P253 531350 608170039952 $6,000.00 3) P253 541200 608170039983 $499.805.00 2) P253 531350 608170039984 $3,000.00 3)P258 541200 708170039983 $293.602.50 2)P253 531350 608170039985 $15.000.00 1) PE45 538040 0709020 $322,282.50 2 P253 541200 608170039983 $524,805.00 WP253 531200 608170039984 $3-000.00 2) P253 511010 608170039980 $2 000.00 2) P258 531350 708170039952 $3,000.00 2) P258 531200 708170039984 $1,500.00 2) P258 531350 708170039984 $1,500.00 2258 531350 708170039985 $7,000.00 2YP258.511010 7081.70039980 $1-000.00 1&2) http://www.fortworthgov.org/counci 1_packeUmc_review.asp?I D=15396&counci ldate=8/2/2... 8/3/2011 M&C Review Page 3 of 3 P258 476045 7081700399ZZ $322,282.50 2)P258.541200 708170039983 5308-282 Submitted for Cityanaa er's Off ice.by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Rakesh Chaubey (6051) ATTACHMENTS 6004WSMM-CONATSER AO REVISED.doc 6004WSMM-CONATSER MAP 01.pdf 6004WSMM-CONATSER MAP 02.pdf 6004WSMM-CONATSER MAP 03.pdf http://www.fortworthgov.org/council_packetJmc_review.asp?iD=15396&councildate=8/2/2... 8/3/2011