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CUENI'DEPARTMENT PROJECT MANUAL CLIENT DEPARTMENT
FOR
THE CONSTRUCTJON OF
Summei- Creelf D)lve
(Risingv- Road to Star mei- Pw-k Drive)
City Project No. 00997
TPW No. 0291 541200 206760099783
Betsy Price
Mayor
Tom Higgins
City Imallager
Douglas W. Wicisig, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
2012
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OFFICK1. RECO174,01
cirf, SECREI'ARY
1:,T,l VIORTHI'rX
OF
M &C Review
Page 1 of 2
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CITY COUNCIL AGENDA FoRT� 11
COUNCIL ACTION: Approved on 7/10/2012
REFERENCE 20SUMMER CREEK
DATE: 7/1012012 NO.: **C-25693 LOG NAME: CONSTRUCTION
CONATSER
CODE: C TYPE: CONSENT PUBLIC NO
N�
SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of
$766,736.95 for Pavement, Sidewalks, Street Lights and Drainage Improvements far
Summer Creek Drive from Summer Park Drive to Risinger Road and Authorize Execution
of Amendment No. 3 to an Engineering Agreement with Dunaway Associates, Inc_ City
Secretary Contract No. 39970, in the Amount of $28,040.00 for the Provision of
Construction Administration Services for this Project (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a contract with Conatser Construction TX, LP, in the amount of
$766,736.95 for pavement, sidewalks, street lights, and drainage improvements along Summer Creek
Drive from Summer Park Drive to Risinger Road and;
2. Authorize execution of Amendment No. 3 to an Engineering Agreement with Dunaway Associates,
Inc., City Secretary Contract No. 39970, in the Amount of $28,040.00 for construction administration
services including construction inspection, material testing, and surveying for this project.
DISCUSSION:
This Mayor and Council Communication authorizes two actions:
1. Execution of a construction contract providing for the construction of paving, sidewalks, street
lights and drainage improvements along Summer Creek Drive from Summer Park Drive to Risinger
Road. The construction will include two -lanes of concrete paving and a bike lane.
The project was advertised on April 26, 2012 and May 3, 2012 in the Fort Worth Star - Telegram. The
following bids were received on May 24, 2012:
Bidder
Amount
Conatser Construction TX, L.P.
$766,736.95
LB Contracting, LLC
$894,746.42
McClendon Construction Co., Inc.
$942,497.80
Jackson Construction, Ltd.
$974,967.50
UI Contractors, LLG
$1,114,319.10
In addition to the construction contract costs, funding in the amount of $79,260.00 will be utilized for
City construction services including surveying review, real property services, material testing, and
construction inspection. Dunaway Associates, LP, will be providing for the construction staking,
material testing, and some engineering field services as described below,
The City reserves the right to increase or decrease quantities of individual pay items within the
construction contract, provided that the total contract amount remains within plus or minus 25 percent
of the amount of the contract awarded by the City Council.
http:// apps. cfwnet. org / council _packet /mc_review.asp ?ID =1... 7/11/2012
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Conatser Construction TX, LP, is in compliance with the City's MMIBE Ordinance by committing to 20
percent MANBE participation. The City's goal on this project is 20 percent.
2. Execution of Amendment No. 3 to an Engineering Agreement with Dunaway Associates, L.P., in
the amount of $28,040.00 providing funding for construction engineering field services to answer
questions as construction progresses, material testing, construction surveying and construction
staking for this project.
On March 2, 2010, (M &C C- 24111) the City Council authorized the City Manager to execute an
Engineering Agreement with Dunaway Associates, L.P., for Pavement Reconstruction and Water and
Sanitary Sewer Main Replacements on Summer Creek and McPherson Boulevard in the amount of
$444,283.00 which included this portion of Summer Creek Drive.
This contract includes the following previous amendments:
1 Amendment No. 1 for $13,020.00, administratively approved February 14, 2011; and
2. Amendment No. 2 for $124,775.00, approved by M &C C- 24853, April 12, 2011.
Dunaway Associates, L.P., agrees to maintain its initial MIWBE commitment of 25 percent that it
made on the original Agreement and extend and maintain that same MIWBE commitment of 25
percent to all prior amendments up to and inclusive of this Amendment No. 3. Therefore Dunaway
Associate, L.P., remains in compliance with the City's MIWBE Ordinance and attests to its
commitment by its signature on the Acceptance of Previous MANBE Commitment form executed by
an authorized representative of its company.
The resultant total project cost will be $874,036.95 which will be paid for through the Special Funded
Capital Projects Fund.
This project is located in COUNCIL DISTRICT 6, MAPSCO 102R and 102V
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Specially Funded Capital Projects Fund.
TO Fund /AccounlJCenters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Summer Creek Location- Exhibit.pdf
FROM Fund /Account/Centers
1) C291 541200_ 2.06240099783 $766,736.95
2] C291_531200_?0.624.0099752 $91 500.00
2) 0291 531200. 206240099780 $5 U -0.00
2L 291 531200 206240099784 11.540.00
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Patrick Buckley (2443)
http://apps.cfwnet.org/ council _packet /mc_review.asp ?ID =l... 7/11/2012
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. I
SUMMER CREEK DRIVE
(FROM RISINGER RD TO SUMMER PARK DR)
- D.O.E. NO. 6856
CITY PROJECT NO. 00997
ADDENDUM RELEASE DATE: May 21, 2012
BIDS RECEIVED DATE: May 24, 2012
INFORMATION TO BIDDERS:
The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised
and amended as follows:
1. A pre -bid meeting was held on 5/1112012 and the following items were discussed:
a. MWBE goal to remain 20% as currently shown in the specification documents.
b. Easements and ROW have not been obtained for this project as of yet. It is
e1b, anticipated that they will be obtained prior to NTP being issued to the Contractor.
c. For Clarification: The Contractor shall install the water meter per the City of Fort
Worth Standards for the irrigation system as shown on the plans. All costs associated
with the water service connection and meter installation is subsidiary to the irrigation
Lump Sum Bid Item 9999.0110.
d. For Clarification: The Contractor shall be responsible for purchasing all lighting
material per the City's standard material specifications. The City will not make
available for purchase any lighting material to the Contractor.
e. For Clarification: Each D40 -9T double arm will consist of a pair of arms.
f. Sign -in sheet from the pre -bid meeting is included with this addendum.
2. The following items are RFls that came up during bidding and the responses given:
a Q: There is no pay item for conduit, yet there are two separate items for the some
wire (one states "bore "). Is the conduit assumed to be subsidiary to the cable
installation?
A: Yes conduit is subsidiary to these two bid items.
b. Q: There is no pay item for luminaires. Are these intended to be subsidiary to the
illumination assembly (3441.3003) and arm (9999.0045) items?
A. Yes luminaries are subsidiary to these bid items.
c. Q: The quantity for the D40 -9T arm is 10ea, but there are only six existing single -
arm poles that are being modified.
A: This is correct, there are only 6 existing single grin poles being modified. The
arms for the new illnmination assemblies are subsidiary to that item. So this bid item
should be 6 not I0.
d. Q: The seventh pay item in the lighting section is fnr 6ea "Street Light 33A Arm ", I
don't see where any of this type arin would be used at all. The existing single fight
that is being relocated on Quail Feather Dr. has a 33A arm, but this isn't being
replaced, just relocated?
A: This is correet, this bid itein should be completely deleted from the proposal
section.
e. Q: There are pay items for removing lights, and pay items for installing foundations
and installing arms, but no pay item for actually relocating the light poles that are
being removed and installed on the new foundations. Is this operation intended to be
subsidiary to one of the other pay items?
A: No this operation (i.e. removing and relocating the existing light poles to the new
foundations) is ineluded in the bid item 3 441.3 502 "Street light pole removal and
salvage" We will change this bid item name to "Remove and Relocate Ex Street light
pole to new foundation ".
3. SECTION 00 42 43 Bid Noun PAVING Bid Item 3211.Q 13 8" Flex Base e A GR -1
485 SY is added to the Proect.
4. SECTION 00 42 43 Bid Form PAVJNG Bid Item 3471.0001 Traffic Control (Including
Temporary HMAC &c Flex Base pavement) quantity is revised 3 ff0 jo 6M0.
5. SECTION 00 42 43 Bid Form LIGHTING Bid Item 3441.3003 Rdwy Illum Assembly TY
18,18A,19, and D -40 bid item descrintiorr revise, to include °;with lu ies er
speci rcation 34 4L2a„
6, SECTION 00 42 43 Bid Form LIGHTING Bid Item 3441.3404 2 -2 -2 -4 Quadplex Alum Elec
Conductor bid item desabtion revised to include "with conduit ".
7. SECTION 00 42 43 Bid Form LIGHTING Bid Item 3441.3404 2 -2 -2 -4 Quadplex Alurn Elec
Conductor (BORE) bid item description revised to include "wilb conduit_'
S. SECTION 00 42 43 Bid Form U611TING Hid Item 3441.3502 Street Light Pole Removal
and Salvage bid item descr' Lion revised to "RemovC and Relocate Ex Street li ht pole to
new foundation".
9. SECTION 00 42 43 Bid Form LIGHTING Bid Item 9949.0045 Street Light D40 -9T Double
Arm quantity is revised from 10 E4 to G EA and—bid item description r v •ed ro inc ude
"with luminaries"
10. SECTION 00 42 43 Bid Form LIGITING Bid Item Street Light 33A Arm 6 EA deleted
from project.
11. Replace entire proposal section with the version enclosed herein. (Revised excel spreadsheet
has been posted to Buzzsaw)
Addendum Igo. 1
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Please acknowledge receipt of the Addendum in the following locations:
(1) In the space provided below
(2) In the amended Proposal
(3) Indicate in upper case letters on the outside of the sealed bid envelope:
"RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1"
Faiiure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered
"NON- RESPONSIVE ", restilting in disqualification. A signed copy of this addendum shall be placed
into the proposal at the time of bid submittal.
RECEIPT ACKNOWLEDGED:
0
Title:
Addendum No. 1
I SECTION 00 52 43
2 AGREEMENT
3 AGREEMENT THIS AGREEMENT, is made by and between
4 The City of Forth Worth a home rule municipal corporation in the State of Texas, acting by and
5 throu its City Manager, hereinafter called City, and Conatser Construction TX- :1 a LP (legal
6 description, e.g. corporation., LP, LLC), authorized to do business in Texas, acting by and through
7 its duty authorized representative, hereinafter called Contractor. City and Contractor, in
8 consideration of the mutual covenants hereinafter set forth, agree as follows-
9 Article 1. WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
11 Project identified herein.
12 Article 2. PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows'
15 Sumrrter Creek Drive Risin er Road to Summer-Park Drive
16 City Proi t No. 00997
17 Article 3. CONTRACT TIME
18 3.1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
' 22 The Work will be complete for Final Acceptance within 180 calendar days after the date
23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General
44 Conditions.
25 33 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that City will
27 suffer financial loss if the Work is not completed within the times specified in Paragraph
28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
29 Gencral Conditions. The Contractor also recognizes the delays, expense and difficulties
30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
33 City Three hundred fifteen Dollars (5315.00) for each day that expires after the time
34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
35 Acceptance.
IR.
36 Article 4. CONTRACT PRICE
37 City agrees to pay Contractor for performance of the Work in accordance with the Contract
r 38 Documents an amount in current funds of Seven Hundred Sixty-six Thousand Seven
39 Hundred Thirty -six and 951100 .................................... ...............................
40 Article 5. CONTRACT DOCUMENTS
CfDili =KoleIIm►1 &111
42
A. The Contract Documents which comprise the entire agreement between City and
43
Contractor concerning the Work consist of the following:
44
1.
This Agreement.
45
2.
Exhibits to this Agreement:
46
a. Bid Form
47
1) Proposal Form
48
2) Vendor Compliance to State Law Non Resident Bidder
49
3) Prequalifieation Statement
50
4) State and Federal documents
51
b. Currcnt Prevailing Wage Rate Table
52
c. Insuranee Accord Form(s)
53
d. Payment Bond
54
e. Performance Bond
55
f. Maintenance Bond
56
g. Power of Attorney for the Bonds
57
h. Worker's Compensation Affidavit
58
i. MWBE Commitment Form
59
3.
General Conditions.
60
4.
Supplementary Conditions.
61
5.
Specifications as included in the Project Manual.
62
6.
Drawings.
63
7.
Addenda,
64
8.
Documentation submitted by Contractor prior to Notice of Award.
65
9.
The following which may be delivered or issued after the Effective Datc of the
66
Agreement and, if issued, become an incorporated part of the Contract Documents:
67
a. Notice to Proceed.
68
b. Field Orders.
69
c. Change Orders.
70
d. Letter of Final Acceptance.
71
72
Article 6. INDEMNIFICATION
APk
73 6.1 Contraetor covenants and agrees to indemnify, hold harmless and defend, at its own
74 expense, the city, its officers, servants and employees, from and against any and all
75 claims arising out of, or alleged to arise out of, the work and services to be performed
76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
77 under this contract. This indemnification provision is specifically intended to operate
78 and be effective even if it is alleged or proven that all or some of the damages being
79 sought were caused, in wbole or in part. by any act, omission or neglieence of the city.
80 This indemnity provision is intended to include, without limitation, indemnity for
81 costs, expenses and legal fees incurred by the city in defending against such claims and
82 causes of actions.
83
84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
85 the city, its officers, servants and employees, from and against any and all loss, damage
86 or destruction of property of the city, arising out of, or alleged to arise out of, the work
87 and services to be performed by the contractor, its officers, agents, employees,
88 subcontractors, licensees or invitees under this contract. This indemnification
89 provision is specifically intended to operate and be effective even if it is alleeed or
90 proven that all or some of the damages beine sought were caused. in whole or in part ,
91 by anv act, omission or neslieence of the city.
92
93 Article 7. MISCELLANEOUS
94 7.1 Terms.
95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
96 have the meanings indicated in the General Conditions.
97 7.2 Assignment of Contract.
98 This Agreement, including all of the Contract Documents may not be assigned by the
99 Contractor without the advanced express written consent of the City.
100 7.3 Successors and Assigns.
101 City and Contractor each binds itself, its partners, successors, assigns and legal
102 representatives to the other party hereto, in respect to all covenants, agreements and
103 obligations contained in the Contract Documents.
104 7.4 Severability.
105 Any provision or part of the Contract Documents held to be unconstitutional, void or
106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
107 remaining provisions shall continue to be valid and binding upon CITY and
lab CONTRACTOR.
109 7.5 Governing Law and Venue.
110 This Agreement, including all of the Contract Doeuments is performable in the State of
111 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
112 Northern District of Texas, Fort Worth Division.
113 7.6 Other Provisions.
114 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
115 classified, promulgated and set out by the City, a copy of which is attached hcreto and
116 made a part hereof the same as if it were copied verbatim herein.
117 7.7 Authority to Sign.
118 Contractor shall attach evidence of authority to sign Agreement, if other than duly
119 authorized signatory of the Contractor.
120
121 SIGNATURE PAGE TO FOLLOW
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IN WTINESS WHEREOF, City and Contraetor have signed this Agreement in multiple
counterparts. At least one counterpart each has been delivered to City and Contraetor.
This Agreement will be effective on PX. r D 2D1 , 20 (which is the
Effective Date of the Agreement).
City of Fort Worth
Contractor: Conatser Construction TX, LP
B:
�7 e;�
Fernando Costa
By: - Assistant City Manager
tgnature)
M &C C - z5 � S 3
Jerry Con atser, President of
Conatser Management Group. Inc. G.P.
Address: PO Box 15448
City /State/Zip: Fort Worth TX 76119 A to as Form and Legality:
I
sistant City Attorney
APE90VAL RECOMMENDED:
Dou 1 . Wiersi P. E.
DIRECTOR, TRANSPORATION PUBLIC
WORKS DEPARTMENT
1000 Throckmorton St.
Fort Worth, Texas 76102
o��~ctat REC�Y
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