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A*F%fjflQAT)IONS AND CONTRACT DOCUI"ffMAPT&4F7NT
FOR
DRAINAGE PAVIN.G, WATER AND SANITARY SEWER
' IMPROVEMENTS FOR BUTLER & McCLURE STREET
CITY PROJECT No. 00475
CITY SECRETARY
CONTRACT NO.
'
JUNE 2011
' Michael J. Moncrief T.M. Higgins
Mayor Interim City Manager
' Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
tS. Frank Crumb, P.E.
Director, Water Department
' Richard Zavala
Director, Parks and Community Services Department
' PREPARED FOR:
The City of Fort Worth
' DEOTTE, INC.
TBPE REG #F-3116
CLAYTpN i. REUINGER
I ' CITY S'ECRETAitY
F'f* WACRTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FORTIVORT111
Cii r CoUNciL AGENDA
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COUNCIL ACTION: Approved on 101412011
DATE: 10/4/2011 REFERENCE C-25213 LOG 2000NSTRUCTION_BUTLER_MCCLURE_DRAINAGE
NO.: NAME:
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of$1,618,576.50
for the Butler-McClure Drainage, Paving, Water and Sewer Improvements (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with Conatser Construction
TX, LP, in the amount of$1,518,575.50 for construction of Butler-McClure drainage, paving, water
and sewer improvements.
DISCUSSION:
This construction contract will provide the following: storm drainage improvements including storm
drain on Butler and McClure Street, box culverts under the intersection, and a bypass channel along
the south side of Butler Street, street reconstruction to raise the roadway out of the floodway, and
water sewer replacements within the limits of the new roadway. These improvements are needed to
address major roadway overtopping, which has resulted in loss of life in the past.
Costs for the implementation of this project will be funded by the Storm Water capital Projects Bond
2009 Fund.
The project was advertised for bid on June 30, 2011 and July 7, 2011 in the Fort Worth Star-
Telegram. On July 28, 2011, the following bids were received:
BIDDERS AMOUNT TIME OF COMPLETION
Conatser Construction $'1,6'18,575.50 240 Calendar Days
TX, LP
Humphrey&Morton $1,727,855.10
Jackson Construction $2,084,616.25
It is recommended that the bid submitted by Conatser Construction TX, LP, be selected and that the
contract be awarded in the amount of$1,518,575.50.
Funding in the amount of$155,800.00 is included in the project budget for associated Transportation
and Public Works costs for construction survey, project management, materials testing, and
inspection costs. The contingency fund for possible change orders is$48,557.30.
Conatser Construction TX, LP, is in compliance with the City's MIWBE Ordinance by committing to 18
percent M/WBE participation. The city's goal on this project is 17 percent.
This project is located in COUNCIL DISTRICT 9, Mapsco 91 C.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated of the Storm Water Capital Projects Bond 2009 Fund.
TO Fund/Account/centers FROM Fund/Account/Centers
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htt ://a s.cfwnet.or /council acket/mc review.as ?ID=15 83 9&councildate=1 01412011 10/6/2011
M&C Review Page 2 of 2
P227 541200 209280047583 $1.618.576.50
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Owen (8079)
ATTACHMENTS
M AND C 00475.pdf
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k http://apps.cfwnet.org/council—Packet/mc_review.asp?ID=15839&councildate=10/4/2011 10/6/2011
CITY SECRETARY
CONTRACT
CITY OF FORT WORTH TEXAS
CONTRACT
THE STATE 0 F TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
F
This agreement made and entered into this the 4th day of October A.D., 2011, by and between
the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing
under and by virtue of a special charter adopted by the qualified voters within said City on the I 1 th day of
December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the
Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city , and the City of Fort Worth being hereinafter termed Owner, Conatser
Construction TX,LE HEREINAFTER CALLED Contractor.
WITNE S S ETH: 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,
EM the said Contractor hereby agrees with the said Owner to commence and complete the construction of
certain improvements described as follows:
Butler-McClure Drainage,Paving,Water and Sewer Improvements(Council District 9)
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 Fork 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.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
com mencement thereof and to fu l ly complete and fi n i sh the same ready for the inspecti —0-d i of ---y
the Department of Engineering of the City of Fort Worth and the City Council of the i1V ktK
within a period of 240 calendar days. k
. � ,
TX
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$420 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 anr such inuuy ,
damn a or death is caused in whole or in part,-by the ne li ence or alle ed ne li ence o
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 any such iniury or damn a is
caused in whole or in part by the ne li ence or alleged ng li ence OL owner, its officers,
servants or emplo ees..
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, on the execution of this Contract, and before beginning work, to make,
execute and deliver to said City of Fort worth good and sufficient surety bo
performance of the terms and stipulations of the Contract and for the payment to al *t�, o l�Ab 9(R D
and/or materials furnished in the prosecution of the work, such bonds being as prov F�aha require-&116 6
Texas Government Code Section 2253, as amended, in the form included in the oGrfil b A0Y
FT. *,'RRH, TX
i
and such bonds shall be for 100 percent (100%) of the total contract price, and said surety shall be a
surety company duly and legally authorized to do business in the State of Texas, and acceptable to the
City Council of the City of Fort Worth.
S.
Said City agrees and binds itself to pay, and the said 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 one Million Six Hundred Ei heeen Thousand Five Hundred Seven -six and
501100..................................Dollars,
($1,618,1576.50).
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 Director of the
Department of Engineering.
10.
The Contractor agrees to pay at Ieast the minimum wage per our 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 S
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.
Done in Fort Worth, Texas,this the 4th day of October,A.D., 2011.
9
Irl�Y Sly RETAKY
FT. WORTH, TX
APPROVAL RECOMMENDED: CITY OF FORT WORTH
Lj( cj
DOUGL S W. WIERSIG, P.E.
DIRECTOR, DEPARTMENT OF
TRANSPORTATIONIPUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER
ATTEST:
Conatser Construction TX LP
PD 15448
Fort Worth,TX 76119
CONTRACTOR
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onatser,President of
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Conatser Management Group,Inc. "�E
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TITLE
P.O. Box 15448 APPROVED AS TO FORM AND
Fort Worth,TX 76119
LEGALITY:
ADDRESS
A S . C Y ATTORNEY
November 1960 M4-c L
Revised May 1986
Revised September 1992
Revised March 2006
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX