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CONSTRUCTION'S coPr PROJECT MANUAL
CLIENT DEPARTMENT FOR
THE CONSTRUCTION OF
Miscellaneous Storm Drain Improvements Contract 2012
City Project No.01874
Betsy Price Tom Higgins
Mayor City Manager
Douglas W.Wiersig,P.E.
Director,Transportation and Public Works Department
Prepared for
The City of Fort Worth
Storm Water Management
May 2012
OFFICIAL RECOD
CITY SECRETARY
FT.WORTH,TX
10-24-12 PO4 :25 IN
M&C Re�rievv
� Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWouti
Ift. wa-
COUNCIL ACTION: Approved on 10/2/2012
DATE: 10/2/2012 REFERENCE C-259 4 20SWM-M ISCSTORM 1-
NC3.: 0 LOG NAME.
2012
' CODE: C TYPE: NOW PUBLIC N
CONSENT HEARING:
sU&IECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount Up to
$1,000,000.00 for the Miscellaneous Storm Drain Improvements Contract 2012 (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Conatser
Construction TX, LP., in the amount up to $1,000,000.00 for the miscellaneous storm drain
improvements contract 2012.
DISCUSSION:
The work to be performed under this contract consists of minor extensions, replacements and/or
improvements to existing stormwater systems and other pertinent construction required to provide a
more effective drainage system to neighborhoods within the City limits of Fort Worth. There is not a
pre-defined single project scope for this contract, rather, work orders will be issued on the contract to
address problems at various locations, starting with the most severe problems.
The price of each work order will be based on the unit prices bid with the cumulative amount of all
work orders issued under this contract Capped at$110003000.00. If the allotted funds are exhausted
prior to the end of the calendar term of the contract, the City has the option to provide additional
funding to extend the contract through the end of the calendar term up to a maximum of 25 percent of
the contract's original value, provided that funds are available and that the Contractor agrees to abide
by the same terms, conditions and unit prices originally bid. This contracting tool will enhance the
City's responsiveness to minor drainage infrastructure needs that arise periodically by precluding the
need to conduct an independent solicitation and award process for each small project.
The bid amounts cited below were based on hypothetical quantities for the purpose of establishing
unit prices for each work item. The bid specifications stipulate that regardless of the dollar amount
,�. bid, the contract would be awarded in the amount up to$1,000,000.00. Final payments will be made
based on actual measured quantities. Funding will be verified individually for each work order prior to
its release. The bid documents also include a provision for the City to exercise an option to renew this
contract two times under the same terms, conditions and unit prices.
This contract was advertised for bid in the Fort Worth Star-Teleararn on May 24, 2012 and May 31,
2012. On June 21, 2012,the following bids were received:
BIDDERS BID AMOUNT TIME of CONTRACT
Conatser Construction TX, LP $1,489,975.00 365 Calendar Gays
Woody Contractors, Inc. $1,594P950-00
http:l lwww.fortworthgov.org/council—packet/mc review,asp?ID=17373&councildate=101... 1018/2012
M&C Review Page 2 of 2
Staff recommends the contract be awarded to Conatser Construction TIC, LP.
MBE-Conatser Construction TES, LP, is in compliance with the City's M/WBE Ordinance by
committing to 20 percent MlWBE participation. The City's goal on this contract is 15 percent.
In addition to the cost of construction, $250,000.00 is required for right-of-way and easement
acquisition, inspection and survey services.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Stormwater Capital Projects Bond Fund.
To Fund/AccountlCe tens FROM FundlAccounMenters
P227 541200 201280187483 $1,000,000-00
Submitted for Cites AAana ees office b Fernando Costa (6122)
on Inatin ae artment Head: Douglas W. Vlliersig (7301)
Additional Information Contact: Johnny T. Jasper(7343)
ATTACHMENTS
00
http:llwww.fortworthgov.orglcouncI l—packetlmc_review.asp?I17=17373&councildate=10I... 10/812012
Pa
W SECTION 00 0515
ADDENDA
CITY OF FORT WORTH
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
STORM WATER MANAGEMENT DIVISION
ADDENDUM NO. 1
MISCELLANEOUS STORM DRAIN IMPROVEMENTS CONTRACT 2012
PROJECT NUMBERS:
CITY PROJECT NO.- 0 1874
TPW—P229 541 200 20 1 280 1 87483
RELEASE DATE:June 15, 2012
BID RECEIPT DATE: 1:30 PM, June 21, 2012
INFORMATION TO BIDDERS:
The Specifications and Contract Documents for the above mentioned project are revised and amended as
follows:
1. Due to the nature of this Contract, there were a number of bid items missing that needed to be included
to make the construction process work more fluidly. Also many of the item quantities have been adjusted
to reflect closer to actual quantities that may be used. In the Bid Documents Packet, Bid Form Proposal
Workbook, replace the Bid Proposal 00 42 43 with "00 42 43 New Proposal". The original spreadsheet
has been renamed "00 42 43 Do Not Use", therefore please do not use it nor include it with the bid
packet. All of the other documents within this workbook to be included in the packet have been updated
to link with the new proposal form.
2. Please replace the following sections as stated:
Section 00 11 13 Invitation to Bidders
G eneral Description of Work
Add at the beginning: Work far this Project will he ordered through Work orders based on the
availability of funds and in coordination with the successful Bidder's schedule.
Section 00 2113 Instructions to Bidders
Add the following definition of Work Order to Sec. 1. 1.2
1.2.4 Work Order: A defined scope of work given to the contractor as designated by the Project
Manager. The scope of work shall provide a specific location, limits, size and nature of the work
'" in line with the specification provisions and bid items outlined within the contract document and
ti
in accordance with the City's design standards. Work orders will be provided to the contractor
via fax or email by the Project Manager.
Delete Article 8 in its entirety and replace with:
Life of the Contract: work orders will be issued to the Contractor, based on the availability of funds
and in coordination with the Contractor's schedule,for Work to be performed under this Contract, up
to 365 calendar days from the effective date of the Notice to Proceed (NTP) or the limit of the City's
allowed expenditure amount, whichever should occur first.
Extension of Contract: If through the work orders, the Contractor has exhausted the allotted funds
prior to the end of the calendar term of the Contract, the City may elect to extend the Contract through
the end of the calendar term (up to a maximum of 25% o the Contract's on inal value), rovided
f g p
sufficient funds are appropriated andlor received and provided Contractor agrees to abide by the same
terms, conditions and unit prices originally bid. The City shall provide Contractor with at least 30
days' written notice of City's intent to extend the Contract.
The Contractor shall complete any Work covered by a Work order issued prior to the date of
termination but will not be required to accept any Work order dated after the date of termination.
o tion to Renew: The City has the right to renew this contract for up to two (2) renewals each under
+� the same terms, conditions, and unit prices as originally bid. The City shall give at least thirty (30)
days' written notice of City's intent to renew the Contract prior to the expiration of the Contract's Life.
Renewal shall he by written instrument between the Parties.
Section 00 2113 Instructions to Bidders
Add the following language to Article 17
17.9 Total quantities shown in the Bid Proposal may not reflect actual quantities; however, they are
a reasonable estimate of the amount of work in a given year. The quantities provided are for
the purpose of securing fair and competitive bids from Bidders. Award of the Contract shall be
based on the lowest responsible and responsive bidder's hid. A Contract in the amount of
$1,000 000 shall be awarded.
This Contract is non-exclusive. City reserves the right to award a Contract to more than one qualified
Bidder, provided however, awards are based on lowest responsible and responsive Bids. During the
term of this Contract, or any extension or renewal thereof, the City reserves the right to advertise and
award additional Contracts for like or similar work.
Section 00 4100 Bid Form (Proposal Workbook)
Delete Article 4.1 and replace with:
Work Orders will be issued to the contractor for Work to he performed under this Contract for up to
365 calendar days following the date of Notice to Proceed (NTP) unless renewed by City and
Contractor
Section 00 4100 Bid Form (Proposal Workbook (cant,)}--
Add the following language to Article G:
64 The Work for this contract shall be issued on a Work order basis. Bid quantities of the various
items in Section 00 42 43 Bid Proposal are for comparison purposes only in order to fairly award a
Contract and may not reflect the actual quantities issued in Work orders.
Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured
quantities. No claim will be considered for lost or anticipated profits based upon differences in
estimated quantities versus actual quantities.
Section 00 72 00 General Conditions
Delete Article 11.03. E. in its entirety and replace with:
Increased and Decreased Quantities.- The Work for this contract shall be issued on a Work Order
basis. The quantities in the Bid Form are forbidding purposes only and the quantity for each item bid
may be increased or decreased without limitation to reflect the actual Work issued by Work order. The
Contractor shall not be allowed a change in the price of any single item bid due to the increase or
decrease in quantities.
This Addendum No. 1 forms a part of the Contract Documents referenced above and modifies the original
Contract Documents. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and
acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could
subject the bidder to be rejected as being non-responsive.
RECEIPT AC OWLEDGED:
Dou las W. W iersi P.E.
DIRECTOR, DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
By: wT
Johnny T. Jasper
Project Manager
Department of Transportation and Public Works/
Storm Water Management
CITY OF FORT WORTH
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
STORM WATER MANAGEMENT DIVISION
ADDENDUM NO.2
MISCELLANEOUS STORM DRAIN IMPROVEMENTS Contract 2012
PROJECT NUMBERS:
CITY PROJECT NO.-01874
TPW—P229 841 200 201 2801 87483
RELEASE DATE:June 20, 2012
BID RECEIPT DATE: 1:30 PM,June 21,2012
INFORMATION TO BIDDERS:
The Specifications and Contract Documents for the above mentioned project are revised and amended as
follows:
1. Bid Item 3 Remobilization (Misc. Only) is to be paid by the unit of EACH (EA)
Clarification:
Due to the nature of this Contract type,this bid item needs to be adjusted. Each scope of work will be issued in
the form of a Work Order, where mobilization to the location will be a guaranteed bid item.
Pm Bidlist
Specification Unit of Bid Unit
Item Description Section No. Measure Quantity Price Bid Value
No.
3 0135.0201 Remobilization Misc Only) 01 70 00 EA 15
I�
This Addendum No. 2 forms a part of the Contract Documents referenced above and modifies the original
Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the
Proposal and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this
Addendum could subject the bidder to be rejected as being non-responsive.
RECEIPT KNOWLEDGED:
-Cb,nc+'x P Douglas W. W iersig, P.E.
DIRECTOR, DEPARTMENT OF TRANSPaRTATION AND PLIBLIC WORKS
By: Lohnija r..La
Johnny T.Jasper
Project Manger
TPW/Storm Water Management
00
005243-1
Agreement
W Page I of 4
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT,authorized on -O C T is made by and between the City of Forth
4 worth, a Texas home rule municipality,acting by and through its duly authorized City Manager,
5 ("'City"), and CONATSER CONSTRUCTION TX, LP, authorized to do business in Texas,
6 acting by and through its duly authorized representative,("Contractor').
7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 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 Minor extensions re 'acement and or improvements to exa n storm water stems and other
16 pertinent construction re uireed to provide a more effective drainare smem to neighborhoods
17 within the CUP limits o Fort Worth.
18 Miscellaneous Storm Drains Improvements Contract 2012
19 City Project#01874
14. 20 Article 3.CONTRACT TIME
21 3.1 Time is of the essence.
22 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
23 Documents are of the essence to this Contract.
24 3.2 Final Acceptance.
25 The work will be complete for Final Acceptance within 365 days after the date when the
26 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
27 3.3 Liquidated damages
28 Contractor recognizes that time is of the essence of this Agreement and that City will
29 suffer financial loss if the work is not completed within the times specified in Paragraph
30 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
31 General Conditions. The Contractor also recognizes the delays, expense and difficulties
32 involved in proving in a legal proceeding the actual loss suffered by the City if the work
33 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
34 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
35 City Three hundred Fifteen & no/100 Dollars ($315.00), for each day that expires
36 after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the
37 Final Letter of Acceptance.
CITY OF FORT WORTH Miscellaneous Storm Drain Improvements Contract 2012
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01874
Revised November 09,2011
00
005243-2
Agreement
on Page 2 of 4
38 Article 4.CONTRACT PRICE
00 39 City agrees to pay Contractor for performance of the work in accordance with the Contract
40 Documents an amount in current funds of ONE 1VMLHON&N01100 Dollars L$1,000.000000).
on
41 Article 5,CONTRACT DOCUMENTS
42 5.1 CONTENTS:
10 43 A. The Contract Documents which comprise the entire agreement between City and
44 Contractor concerning the work consist of the following:
45 1. This Agreement.
46 2. Attachments to this Agreement:
47 a. Bid Form
48 1) Proposal Form
49 2) Vendor Compliance to State Law Non-Resident Bidder
50 3) Prequalification Statement
51 4) State and Federal documents(project specific)
52 b. Current Prevailing Wage Rate Table
53 c. Insurance ACORD Form(s)
54 d. Payment Bond
55 e. Performance Bond
56 f. Maintenance Bond
57 g. Power of Attorney for the Bonds
58 h. worker's Compensation Affidavit
59 i. MwBE Commitment Form
60 3. General Conditions.
61 4. Supplementary Conditions.
62 5. Specifications specifically made a part of the Contract Documents by attachment
63 or, if not attached, as incorporated by reference and described in the Table of
64 Contents of the Project's Contract Documents.
65 6. Drawings.
66 7. Addenda.
�* 67 8. Documentation submitted by Contractor prior to Notice of Award.
68 9. The following which may be delivered or issued after the Effective Date of the
69 Agreement and, if issued,become an incorporated part of the Contract Documents:
70 a. Notice to Proceed.
71 b. Field orders.
72 c. Change Orders.
73 d. Letter of Final Acceptance.
74
CITY OF FORT WORTH Miscellaneous Storm Drain Improvements Contract 2012
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01874
a Revised November 09,2011
005243-3
Agreement
Page 3 of 4
75 Article 6.INDEMNIFICATION
,�. 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
77 expense, the city, its officers, servants and employees, from and against any and all
78 claims arising out of,or alleged to arise out of,the work and services to be performed
79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
80 under this contract. This indemnification rovision is s ecificall intended to overate
81 and be effective even if it is allezed or wroven that all or some of the dam es beiniz
82 sou ht were caused in whole or in part, any ac# omission or nefffiggence of the ci
83 This indemnity provision is intended to include, without limitation, indemnity for
84 costs,expenses and legal fees incurred by the city in defending against such claims and
85 causes of actions.
� 86
87 6.2 Contractor covenants and agrees to indemnify and hold harmless,at its own expense,
88 the city,its officers,servants and employees,from and against any and all loss,damage
89 or destruction of property of the city,arising out of,or alleged to arise out of,the work
90 and services to be performed by the contractor, its officers, agents, employees,
91 subcontractors, licensees or invitees under this contract. This indemnification
92 rovision is a2mifficallv intended to operate and be effective even if it is alleged or
93 Broven that all or some of the dame es being sou ht were caused in whole or in J2 art
94 b as ac omission or n li ence of the ci
95
96 Article 7.MISCELLANEOUS
,�,■, 97 7.1 Terms.
98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
99 have the meanings indicated in the General Conditions.
100 7.2 Assignment of Contract.
141 This Agreement, including all of the Contract Documents may not be assigned by the
102 Contractor without the advanced express written consent of the City.
103 7.3 Successors and Assigns.
104 City and Contractor each binds itself, its partners, successors, assigns and legal
105 representatives to the other party hereto, in respect to all covenants, agreements and
146 obligations contained in the Contract Documents.
107 7.4 Severability.
108 Any provision or part of the Contract Documents held to be unconstitutional, void or
+� 149 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon CITY and
111 CONTRACTOR.
112 7.5 Governing Law and Venue.
113 This Agreement, including all of the Contract Documents is performable in the State of
�■, 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
115 Northern District of Texas,Fort Worth Division.
CITY OF FORT WORTH Miscellaneous Storm Drain Improvements Contract 2012
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01874
Revised November 09,2011
po
005243-4
Agreement
Page 4 of 4
116 7.6 Other Provisions.
117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
118 classified, promulgated and set out by the City, a copy of which is attached hereto and
119 made a part hereof the same as if it were copied verbatim herein.
120 7.7 Authority to Sign.
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
125 counterparts.
126
127 This Agreement is effective as of the last date signed by the Parties("Effective Date").
128 CONATSER
Contractor: CONSTRUCTION TX, LP City of Fort Worth
B
Ferilando Costa
B ; Assistant City Manager Ali (
(S ignature)
Date
Jerry Conatser,President of
Conatser Management Group,Inc.G.P. ��`�
•
Attest. *Of#
4
a000
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(Printed Name) a r, ,o► �p 0
Secretary �' 0
16.0
(Seal) w•Q $
Title:
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Address: W000a
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P.C. Box 15448 MSC
Fort Worth,TX 76119 Date; C) 2--
C i /State/Zi : Approved as to Form and Legality:
"
Date �, Douglas W. Black
Assistant City tY Attorne y
129
130
131 APPROVAL RECOMMENDED:
132
133
134
135 Doug rsig, P.E.
136 RFcORID Director,Department of OfIFICIAL i
137 SIECRVARY Transportation and Public Works
138 CITy
FT
o"141 TX
CITY OF FORT WORTH Miscellaneous Storm Drain Improvements Contract 2012
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01874
Revised November 09,2011