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/� CON.TRACT NO.
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SPECIFICATIONS AND CONTRACT DOCUMENTS
C FOR
SOUTH HULEN STREET
C CARRIAGE CROSSING DRIVE TO RANCHO VERDE PARKWAY
CITY PROJECT No. 01365
AUGUST 2011
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Betsy Price Tom Higgins
Mayor Interim City Manager
C Douglas W. Wiersig, P.E.
Director; Transportation and Public Works
S. Frank Crumb, P.E.
Director, Water Department
PREPARED FOR:
The City of Fort Worth
GRAHAM ASSOCIATES, INC.
TBPE FIRM: F-1191
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MARK BURCKHARD
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WO RTIf
COUNCIL ACTION: Approved on 11/15/2011 - ordinance No. 19982-11-2011
m.
REFERENCE 20SOUTH HULEN STREET
DATE: 1 1/15/201 NO.. C-25299 LOG NAME: CONSTRUCTION
CONATSER
CODE: C TYPE: NOW PUBLIC
CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Contract in the Amount of$1,609,143.35 with Conatser
Construction Tx, L.P., for Water, Pavement, Street Lights, and Drainage Improvements
for South Hulen Street from Carriage Crossing Drive to Rancho Verde Parkway, Utilize
$1,742,000.00 from the Transportation Public Works Gas Well Revenues Fund and
$360,000.00 from the Water Capital Projects Funds to Provide for Construction Contract
Costs, Contingencies and Construction Services for a Project Total of$2,1 02,000.00 and
Adopt Appropriation ordinance (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$1,742,000.00 in the Transportation Public Works Gas Well Revenues Fund from available funds to
cover the acquisition of rights-of-way and easements and for construction costs related to the South
Hulen Street Project; and
2. Authorize execution of a contract with Conatser Construction Tx, L.P., in the amount of
$1,609,143.35 for water, pavement, street lights, and drainage improvements for South Hulen Street
Improvements from Carriage Crossing Drive to Rancho Verde Parkway.
DISCUSSION:
On April 22, 2008, (M&C G-16117) City Council established a Special Projects Fund for Street
Improvements and authorized the use of Gas Well Revenues in the amount of$15 million for arterial
streets. South Hulen Street is included in this Fund, providing construction of half of a Principle
Arterial from Carriage Crossing Drive to Rancho Verde Parkway along with bike lanes and sidewalks.
The attached appropriation ordinance provides the funds for right-of-way, easements and
construction.
This construction contract will provide for the construction of water, paving, street lights and drainage
9
improvements on South Hulen Street from Carriage Crossing Drive to Rancho Verde Parkway.
Y
The project was advertised on August 25, 2011, September 8, 2011 and September 15, 2011 in the
Fort Worth Star-Tele ram. The following responsive bids were received on September 22, 2011:
Bidder Amount
Conatser Construction Tx, L.P. $17609,143.35
McClendon Construction Co., Inc. $176877247.40
JLB Contracting, LLC $1,8017950.46
Ed. A. Wilson, Inc. $2,097,891.00
Time of completion: 300 calendar days.
http://apps-cfwnet.org/counc*Il
_packet/mc—review.asp?ID=1603 9&councildate=1111512011 11/16/2011
M&C Review Page 2 of 2
The City reserves the right to increase or decrease quantities of individual pay items within the
contract, provided that the total contract amount remains within plus or minus 25 percent of the
contract award.
In addition to the contract cost, funding in the amount of$41,300.00 is included for water construction
survey, project management, material testing, field inspection and project close out. The contingency
funds to cover change orders totals $9,315.00.
In addition to the contract cost, funding in the amount of$239,892.48 is included for Transportation
and Public Works associated costs for staff time, survey, project management, material testing, field
inspection and project close out. The contingency fund to cover change orders for pavement
reconstruction work total $38,1 47.00.
Conaster Construction Tx, L.P., is in compliance with the City's MIWBE Ordinance by committing to
18 percent MIWBE participation. The City's goal on this project is 18 percent.
This project is located on MAPSCO 103W and 117A in COUNCIL DISTRICT 6.
FISCAL INFORMATIONXERTIFICATION:
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 budget, as appropriated, of the Transportation and Public Works Gas Well Revenues
Fund and the Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
0223 541200 201„929990200 $1.742,000.00 0223 541200 206230136583 $1,299,758-35
L1,742-000.00
0223 446200 201929990200 P265 541200 606140136583 $303.3 5.00
Submitted for City Mana er's Office b Fernando Costa (6122)
Originatina De artment Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Hasler(2442)
Patrick Buckley (2443)
ATTACHMENTS
20 SOUTH HULEN STREET CONSTRUCTION CONATSER M,ap.pdf
20SOUTH HULEN STREET CONSTRUCTION CONATSER A02.doc
http://apps.cfwnet.org/council_Packet/mc—review.asp?ID=1603 9&councildate=11/15/2011 11/16/2011
CITY OF FORT WORTH,TEXAS
s�cR�ra�r
CONTRACT cinr �X584
CONTRACT NO.
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the day of NOV 15 2011A.D., 2011, by and
between the CITY OF FORT WORTH, ahome-rule municipal corporation situated in Tarrant County,
Denton, Parker, and Wise Counties, Texas, by an 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:
Water,Pavement,Street Lights,and Drainage Improvements for South Hulen Street from Carriage Crossing
Drive to Rancho Verde Parkway
2.
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 Transportation and Public Works 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 Engineering of the City
of Fort Worth.
4.
tThe 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 C�of.�Qri.
within a period of 300 calendar days.
r.'A
If the Contractor should fail to complete the work as set forth in the Plans and Speci4cogtt6 3teCoa"Y
Documents within the time so stipulated, plus any additional time allowed as proyid <a etT[j( j
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
sum of$420' Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety
a„ 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, wh eth er or not any such injury,
damage or death is caused in whole or in part, bv the ne li ence or alle ed ne li ence of
Owner, its officers, servants or em to ees. 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 anE such inLury or dama a is
caused in whole or in part bE the ng li ence or allepred ne li ence of owner, its -officersIt
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 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. All bonds furnish 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 contr#etor-sfrm1t-bb-"made in
t
one lump sum. Payment shall not be made for a period of 45 calendar days from� the v"rk Wit
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 p rotection of the Owner.
D. A Two-year Maintenance Bond in the Name of the Owner is required for all projects to
9 p J
insure the prompt, full and faithful performance of the general uarantee contained in the Contract
act
Documents.
S.
The Owner agrees and binds itself to pay, and the Contractor agrees to receive for all of the
foresail work, and for all additions thereto or deductions therefrom, the rice shown on the Proposal
posal
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 b the Owner and receipt of
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invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates nla
shall be one Million Six Hundred Nine Thousand one Hundred For -three and
351100.....................................................................................................................Dollars $1 609 143.35 .
9.
It is further agreed that the performance of this Contract, either in whole or in p art, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
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 co py 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 y agreement is made and entered into b 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 throw h
duly authorized officers in 8 counterparts with its corporate seal attached.
NOV 15 2011
Done in Fort Worth, Texas, this the day of
A.D., 2011.
i
APPROVAL RECOMMENDED: CITY OF FORT WORTH
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Dougla W. Wiersig, P.E. -- D' ctor
Transportation Public Works
` FERNANDO COSTA,ASST CITY MANAGER
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ATTEST:
Conatser Construction Tx LP.
PO Box 15445
Fort Worth TX 75119
CONTRACTOR
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CITY SECRETARY
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BY:
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Brock Huggins,Vice President of �'p'4
Conatser Management Group
Inc,G.P.
TITLE
P.Q. Box 15448 APPROVED AS TO FORM AND
Fort Worth,TX 76119
LEGALITY:
ADDRESS
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A§' T. CITY TORNEY
November 1960
Revised May 1986
Revised September 1992 1 f
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