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-,ff ial site of tk-e City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo RT WRT ii
COUNCIL ACTION: Approved n 712442012
REFERENCE � I
DATE: 7/24/2)012 REF C-25782 NAME 0C STP CTI I T it l I L.DE t _
CODE C TYPE: NOW PUBLIC N
CONSENT HEARING:
G:
SUBJECT* Authorize Execution of a Contract with Donatser Construction TX, LP, in the Amount of
$27033,311.50 f6r the Storm Drainage and Paving Improvements for Beaumont Street,
Zwofle Street, and Terminal-Deen Road (COUNCIL DiSTf IDT
RECOMMENDATION:
It is recommended that the C y Council authorize execution of a contract with Conatser Construction TX,
LP, In the amount of$2,033,311.50 far construction of the Storm Drainage and Paving Improvements for
Beaurnnt Street, Zwolle Street, and Terminal-Dean Road.
on
DISCUSSION:
This construction project is needed to reduce the risk of severe flooding and roadway overtopping on
* wolle Street, Beaumont Street, and Terminal-D en Toad caused by story water runoff. This project also
includes the replacement of various water and sewer lines. The alternate bid is the option of paging the
road with concrete as opposed to the base bid which is asphalt paving.
*� The project was advertised for bid on March 8, 2012 and March 15, 2012 in the Fort Worth Star-
Telegram- On April 12, 2011, the fbilowing bids were received: -TIME of ALTERNATE TIME of
BIDDERS BASE BID COMPLETION BID COMPLETION
D natser Construction TIC, LP ,1 92,81 6.00 $27033,311.50
Flit Util y Services, Inc. $2,488,860.80 250 working $21455,162-80 300 working
Jackson Construction LTD $2,530,233.55 days }321,757.55 days
Tri-Tech Construction Company $2,551,685.00 $23321 972 4.80
The low bid for this p coject is from Dona ser Construction TIC, LP, in the amount of$2,033,311-50. Costs
for the implementation of this project will be funded by the Storm Water Capital Projects Bond Fund,
Water Capital Projects Fund, and Sewer Capital Projects Fund.
Funding in the amount of$233,248.00 is included for associated construction survey, materials testing,
JO and inspection costs. The contingency fund for possible change orders is$61,000.00.
Donatser Construction TX, LP, is in compliance with the City's MANBE Ordinance by committing to 16
percent MANBE participation. The City's goal on this project is 18 percent.
This project is located in COUNCIL DISTRICT 2, Mapes 49S.
FISCAL IN MATIONIC TIFI 'II TI I ■
EL The Financial Management Services Director certifies that funds are available in the current ca ital
p
budget, as appropriated of the Storm Mater Capital Projects Bond Fund, Dater Capital Projects Fund',
and Sewer Capital Projects Fund.
To Fund/Account/Centers FROM und/A count/Cetnter
P �41 200 20228006588 1,. *0.605.
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Page 2 of 2
P253 54120Q_�0217Q 8 88 7Z3".00
Submitted for City r-a Fema dog Cosa 122)
ri in t n D r# nt H : Douglas W. Wersi 1
Additional Infbrmatfon Contact: Vibuthi P ride (2424)
ATTACHMENTS
M AND C 00658... df
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DIXIE _ - - L-ONG
� 33RD DtAMO D
- LE DO A
-- CITY OF FORT WORTH, TX
STORM DRAINAGE AND PAVING IMPROVEMENTS
BEAUMONT STREET & ZWOLLE STREET
HDR Engineering, inc.
For0tWort�hS'�C 7si02 oQ2 1,2 - LOCATION MAP NOT TO SCALE
.. ��-333-200
8
fstsn Registration Na.754
po
Agreement
Page 1 of 4
AGREENUNT
THIS AGREEMEENT, authorized on '' #{ 'r is made by and between the City of Forth
3 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
4 ("City"), and Conatser Construction TX, IMP authorized to do business in Texas, acting by and
through its duly authorized representative, ("Contractor"").
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
7 follows:
PE 8 Article I. WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
10 Project identified herein.
11 Article 2.PROJECT
12 The project for which the Work under the Contract Documents may be the whole r only a part is
13 generally described as follows:
14 Storm Drainage &Paving Improvements for Beaumont Street & Zwolle Street
15 City Project N . 00658
16 Article 3. CONTRACT TIMIE
17 3.1 Time is of the essence.
18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
19 Documents are of the essence to this Contract.
20 3.2 Final Acceptance.
21 The Work will be complete for Final Acceptance within days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions.
3.3 Liquidated damages
24 Contractor recognizes tliat time is f the essence of this Agreement and that City will
suffer financial loss if the Work is not completed within the times specified in Paragraph
26 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
27 General Conditions. The Contractor also recognizes the delays, expense and difficulties
8 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
29 is not completed on tune. Accordingly, instead of requiring any such proof, Contractor
30 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
31 City Two Million 'hir - 'hree Thousand Three Hundred Eleven and 5011 00 Dollars
3 ($Z033,311.550 for each day that expires after the time specified in Paragraph 3.2 for
33 Fina( Acceptance until the City issues the Final Letter of Ac ceptance..
CITY OF FORT WORTH Storn,orarijag o d-Paying Intpro++ments or Bc,aumom Sheet&Zwofle Sireel
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City ProjectNo.00658
Revised NoMnber 09,2011
an
Agreement
ow Page 2 of 4
34 Article 4. CONTRACT PRICE
City agrees to pay Contractor for performance of the Work in accordance witli the Contract
36 Documents n amount in current funds f TWO MILLION RYT THREE USA ND
37 THREE"HUNDRED �LE VEN N 501100 Do l l ar 311. .
Article 5. CONTRACT I CUWNTS
.1 CONTENTS:
0 A. The Contract Documents which comprise the entire agreement between City and
41 Contractor concern ing th e Work consist of the following:
42 1. This Agreement.
3 2. Attachments to this Agreement.
. Bid Form
1 Proposal Form
2 Vendor Compliance to State Later Non-Resident Bidder
7 Pr q ua i i i ation Statement
49 4) State and Federal documents(project specific)
b. Current Prevailing Wage Rate Table
5 . Insurance ACRD Form(s)
1 d. Payment Bond
. Performance Bond
3 f. Maintenance Bond
g. Power of Attorney for the Bonds
• 55 h. worker's Compensation Affidavit
i. MWBB Commitment Form
7 3. General Conditions.
. Supplementary Conditions.
. Spccifications specifically made a part of the Contract Documents her attachment
or, if not attached, as incorporated by reference nce and described in the Table f
1 Contents of the Project's Contract Documents.
. Drawings.
pa
3 . Addenda.
64 8. Documentation submitted by Contractor prior to Notice of Award.
. The following which may be delivered or issued after the Effective fate of the
ON 66 Agreement and, if issued, become an incorporated part of the Contract founts:
67 a. Notice to Proceed.
b. Field Orders.
ON 69 c. Change Orders.
70 d. Letter of Final Acceptance.
71
7
CITY OF FORT WORTH .forme I)P-oi n age ]'aving hispro vcrncnixfor B caunrairr Sfruci&Z ivalle S1 reel
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0(),!Pored No.00658
Revised November 09 F 2011
Agreement
Page 3 of 4
Article 6.INDENINIFlCAT10N
4 .1 Contractor covenants and agrees to indemnify, hold harruless and defend, at its own
r
7 expense, the city, its officers, servants and employees, from and against any and all
claims arising out of, or alleged to arise out of, the work and services to be performed
by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
under this contract. This indemnification j2rovision is specificaliv intended to operate
79 and be effective even if it is allezed or proven that all or some of the damaLues bein
sou ht were ausd in whole or in ission or negligence of the ci
1 This indemnity prevision is intended to include, without limitation, indemnity for
costs, expenses and legal fees incurred by the city in defending against such claims and
causes of actions.
4
85 61 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
the city,its officers,servants and employees,from and against any and all loss,damage
' 7 or destruction of property of the city,arising out of, or alleged to arise out cif,the work
and services to be performed by the contractor, its officers, agents, employees,
9 subcontractors, licensees or invitees under this contract. This indemnification
90 provision is specifically intended to operate and be effective even if it is alle ed or
91 proven that all or some of the damaLyes beine sou ht were caused in whole or in part,
92 by an act, emission or nellene of the city.
9
94 Article 7. NUSCELLANEOUS
95 7.1 Terms.
96 Terms used in this Agreement which are defined in Article l of the General Conditions will
97 have the meanings indicated in the General Conditions.
98 7. Assignment of Contract.
99 This Agreement, including all of the Contract Documents may not be assigned by the
100 Contractor without the advanced express written consent of the City,
101 7. Successors and Assigns.
102 City and Contractor each binds itself, its partners, successors, assigns and legal
103 representatives to the other party hereto, in respect to all covenants, agreements and
104 obligations contained in the Contract Documents.
105 7. Seerability.
106 Any provision or part of the Contract Documents held to be unconstitutional, void or
107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
108 remaining provisions shall continue to be valid and binding upon CITY and
109 CONTRACTOR.
10 7.5 Governing Law and Venue.
ill This Agreement, including all of the Contract Documents is performable in the State of
112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
113 Northern District of Texas, Fort Worth Division.
CITY of FORT WORTH Siorin Dy-au iage&!'avingImproventent .for{BeourxronI Sine&Zwolle St reel
STANDARD CONSTRUCTION SPECIFICATION DOCUMEENTS City Project No.00658
Revised November 09,2011
on
Agreement
on Page 4 of 4
114 7.6 Other Provisions.
on 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
116 classified, promulgated and set out by the City, a copy of which is attached hereto and
117 made a part hereof the same as if it were copied verbatim herein.
PM 118 7.7 Authority to Sign.
119 Contractor shall attach evidence of authority to sign Agreement, if other than duly
on 120 authorized signatory of the Contractor.
121
122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
on 123 counterparts.
124
125 This Agreement is effective as of the last date signed by the Parties "Effective Date" .
on 126
Contractor: Cnatser Construction 7X, LP City of Fort Worth
Fernando Costa
: Assistant City Manager
e�(rSignAdfi) o
0�
Date /��Z %0
Jerry onatser,President of o
onatser Management Group,Inc.C.P. ��
Attest: 0
Ono Q.T P.
(Printed Tare II taysoK, 0
C Secretary
(Seal)
Title: .
Address: P.C.Box 1.5448
Fort Worth,TX 76119 1 &C F, — 7-6
Date: . I F
City/State/Zip: r s Form and Legality;
Date glas W. Black
Assistant City Attorney
127
128
129 ASP OVAL RECOMMENDED:
130
131 Li 0
132 '
133 7OFFICIAL 1ou ` ri ,P.P.E.134 xR R,
135 Cf SECRETARY Transportation and ubIl .W r
136 S W I TX Department
137
MY OF FORT WORTH S?omi Dpwinage&Paying IniprommenLt far Beaumont Simet&ZwoVe Vrvel
PW STANDARD CONSTRUCTION SPECS ICM TI N DOCUNffiNTS C by Project No.00638
Revised November 09,2011