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HomeMy WebLinkAboutContract 44407 0'60 SECRETARY CCWMCTN0# hL SPECIFICATION'S and ]FA wo Water CONTRACT DOCUMENTS Department For Water and Sanitary Sewer Replacement Contract 2010 S C. Project No,: P253-609170148683 CITY SECR\E'TARYv0"' P258-709170148683 City Project No..- 0 1486 CONTRACTOR'S BONDING CO. DOE N*o.: 659 in CONSMUCTION'k$ COPY CLIENT DEPARTMENT ME CITYOF FORT WORTH, TEXAS r Betsy Price Tam,Higgns Mayor City Manager S. Frank Crumb, P.E. Doug Wiersig,P.E. Director, Water Department Director, Transportation & Public Works PREPARED i f : r I M I y yw S OF Hamilton Civil Engineen'ng 833 P ai n: Horse i rai � " am,**woo**00**00",ar. Saginaw, Texas 76131 L E HAMILTON ..ro aa.rur■arrw w r m . (817 320-9679 60628 , RV x PE Firm Registration No. F-10723 f­ ,CORI) .......... "0' "J"T""(KW.......... I ter. 201 RECEIVED M&C Review Page lof3 Official,site of the City of or Worth,Texas FoRT WoRm CITY CONUENCILL AAr"ENDA COUNCIL ACTION.- Approved on 111129/201113 Ordi'nanise Nos. 201,596-101-20113 & 205,9711-01-1201,13 WIN 601 OSTMC- DATE 1/29/'201�3 REFERENCE, NO..- C-26079 LOG NAME: CON�ATSE,R CODE: C, TYPE: NON1- PUBLIC NO CONSENT HEARING.- SUBJECT.- Authorize Execution of a Contract with Conatser Construction TX, LP., ins the Amount of $958,3180.00,for Water and Sanitary Sewer Replacement Contract 2010, S,TM-C on College Avenue, Travis Avenue, West Anthony Street, South Henderson Street and' James Avenue, Authorize Additional Expenditure for Project Costs and Contingencies for a Project Total in the Amount of$1,037,854.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION,,, It is recommended that the City Council: 1. Authorize the transfer in the amount of$1,037,854.00 from the Water and Sewer Fund in the amounts of$802,900.00 to the Water Capital Projects Fund and $234,954,010 to the Sewer Capital Projects Fund, 2. Adopt the attached appropriation ordinances, in�c,reas,l�ng estimated recelipts and appropriations in the Water Capital Projects Fund ire the amount,of$802,900.00 and' Sewer Capital Projects Fund in, the amp un�t of$2,34,954.00 from available fug ids; and 3. Authorize th i e execution of'a contract with Conatser Construction TX, LP,.,,, in the amount of $958,380.00 for Water and Sanitary Sewer Replacement Contract 2010, ST on College Avenue, Travis Avenue, West Anthony Street, South Henderson: Street and James Avenue., DISCUSSION:1 On February 8,, 201 1 1 (M&C C-24725) the City Council authorized the City Manager to execute an Engineering Agreement with Hamilton Civil Engineering for Water ndl Sanitary Sewer Replacement Contract 2010, STM-C for the preparation of plans and specifications for replacement of deteriorated water and' sanitary sewer mains., This Mayor and Council Communication is to,authorize a construction contract for the replacement of the deteriorated water and�/or sanitary sewer m�a*nls as indicated on the following streets- ............. Street IF rom To Scope of Work 7coillege Avenue West Biddison Street West Dickson Street water/sewer .Avenue st.Bids............... Travis We dison Str e'et FWest Dickson Street water/'sewer TIF West Anthony Street Hem� �i ph ll Street College Avenue water/sewer .............. South Henderson Street It Street Flint Street water/sewer James Avenue West Berry Street 7West Biddison Street North water htt,pl-.//apps.cfwnet.o,rg/counc"� iew.asp., 1 1 _packet/mc___rev* 191D=I 7'9313&counc*Idate=1/29/2013 4/19/2013 M&C Review Page 2 o�f 3 The project was advertised for bid on November 1, 2012, and November 8, 2012, in the Fort Worth, Stour- Te..Iegram. On December 6,1 2012,, the following bids were received: Bidder Amount T*Ime of Co m lion. Coinats,er Con:,struction TX, LP $ 958,380.00 180 Calendar Days Burnsco, Construction, Inc. $ 965)775.00 Jackson Construction, Ltd $ 11084,905.00 Woody Contractors, Inc. $ 110971667.50 8120.00 Ark Contracting Services, PLC 1,175I MBE - C,on�atser Construction TX, LP., is in compliance with the City's BDE, Ordinance by committing to, 13 percent MBE participation on this project. The City's Mi BE goal, on this project is 13 percent., In aiddlition to the contract cost $44,0001.00 (Water: $29,0100.00; Sewer.- $15,000.00) is required for construction staking, project management, material testing and inspection and $35,474.00 (Water.- $25,0001. 0; Sewer: $1:0,474.00) is provided for project contingencies. The project is located in COUNCIL DISTRICT 9., FISCAL INIF'ORMATION/CERTIFICATIO--N",-, The Financial Management Services Director certifies,that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets,, as appropriated, of the Water Capital Projects, Fund and the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund Accou nMenters -1,&2 18023900.00 1) PE45 538040 06090201 $8,0239100.0O IP253 476045 6091701486ZZ 2) PE45 538040 0709020 $2341954.00, J&2) $2,341954.00 1 P258 �476045 7091701486ZZ 13) P253 5412010 60191170148683 $1483900-00 2) P253 5313510 6091701481652 $5LOOO-00 3).,.P258 541200 709170148683 $2091,4180.00 21,P253 511010 609170148,6810 $81000.010 2)_P253 541200 6,09170148683 $773,900-00 2) P253 531200 6,091701'48684 $4,000-00 2)P2Q 531350 609170148684 $21000.00 12)P253 531350 609170148685 $10..0010.00 2) 1"258 5313510 709170148684 $2,000.00 2) P258 531350 709170148652 $3.000.010 531350 709170148680 $31000.00 QP258 541200 7091170148683 $21911954.00 12) P258 531200 709170148684 $2.000.001 21--P25,8 531350 709170148685 $5,, 010.00 http-.//apps.cfw pct.,orlg/counc*I rev**_packet/mc—rev* "�ID=17933&co urn c*Late=1/29/2013 4/19/2013 M&C Review Page 3 of 3 Submitted for City M'an!aaer"s Office Fernando Costa (6122,) OriginatinuDepartment Head: S. Frank Crumb (8207) Additional Information Contact* Roberto C. Sauceda (2387) ATTACHMENTS .6010STMC-GONATSER MAP 601!O�STMC-CONATSER MAP 2.pdf 6010STMC-CONATSER MAP 3.,pdf 6010STMC-CONATS,ER P253AO13.doe 601 OSTMC-CONATSER P258 A01 3.d http://apps.cfwnet.org/cou,ncll_packet/me—rev*iew.asp.9,ID=17'933&counc'lld ate=1/29/20 3 4/19/2013 C;1TY OF FORT WORTH, "TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT UAN 2 9 2090 This Contract made and entered into -this the day of- — I _1 by and between the City of Fort Worth, a hone-rule municipal, corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, (1110wrier'))!, and Conatse.r Construction T , ("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: FOR Water and SanitaEy Sewer System Replacement Contract 2,010 STM-C That the work herein contemplated shall consist of the Contractor-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 or on behalf of the City of Fort Worth for the Water 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 itself to commence the construction of said work within ten(10)days after being notified in writing to do so, by the Waiter Department of the City of Fort Worth. 4. The 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 Water Department of the City of Fort Worth, and City Council of the City of Fort Worth within a period of Calendar days. If the Contractor should fail to complete the work as set,forth In the Plans and Specifications amid 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 C-1 6/1�/09 il. become due him, the s,um of$420.,010 per day', not as a penalty but as liquidated damages, the Contractor,end its 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 manner as it may deem, proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or prices,set forth in the Plans and Specifications made a part hereof, the Contractor an�d/or its Surety shell, Owner 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 the Owner,, Owner's Engineer and Architect, and their personnel at the project site for Contralictor'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 propeirty loss,, property damage!, personal injury, including death, arising out of, or alleged to arise out of, the work and services,to be performed hereu�nidier by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not an such in,ji ,!y _V u damage or death is caused, in whole or in part, by the neglic I fts ience or alleged negligence'of Owner 1 officers, Contractor likewise covenants and agrees to indemnify and , iervants,or employees, 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 an y such iniu!y or damage is caused in whole or*1n part by the geflinence or alleged neialicience of Owner its offlicers.,, 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 deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against who a claim for damages is outstanding as a result of work performed under a City of Fort Worth 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,. The form of the bond shall, be as herein provided and the surety must first be acceptable to the City of Fort Worth. All bonds furnished hereunder shall meet the requirements of Chapter 2,253 of the Texas Government Code, as amended. A. If the total contract price is$25,000,or less, payment to the contractor shall be made in one lump sum., Payment shall not ble made for a period of 45 calendar days,from the date the work has been completed and accepted by the Owner. B. If the contract arniount is in excess,of$25,0100, a Payment Bond sih�all 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 protection of the Owner. D�. A Two-year Maintenance, Bond in the name of the Owner is required for all projects to insure the prompt, fulill, and faithful performance of the general guarantee conta�ined in the Contract Documents. 8. The Owner agrees and binds itself to pay, and the 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 involice from the Contractor. The agreed upon total Contract amount (including/excluding)alternaltes (N,/A), shall, be NINE HUNDRED FIFTY EIGHT THOUSAND THREE HUNDRED EIGHTY DOLLARS, AND ZERO CENTS, ($958,380."0 dollars, 9. It is further agreed that the performance of this Contract, whether in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Water,Department. 10. The Contractor agrees to pay at least the minim!um, wage per hour 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 Contract is made and entered into by the Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth 6/17/09 c —: 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 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 attachedi. 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 day of 130 APPROVAL RECOMMENDED: CITY OF FORT WORTH' A 42) BY. VVI DIRECTOR,''CATER DEPARTMENT ASSISTANT CITY MANAGER Conatser Construction'rx, LP ATTEST: 5327 Wichita St Ft Worth, 1'exas 76119 10, CONTRACTOR P IV 0100�; SECRETO I Cl Yj N 11 I i F A 000de (ST AEL) 11-000 POOO, 40" 0 BY ell, Jerry,6onatser,President of 0, Conatser Management Group,Inc.G.P. ()0 Ay APPROVED AS TO FORM AND LEGAL ADDRESS tMA.4JI-V ASSISTANT CITY ATTOIRN7�E-Y�� -- 2-4267q orri Clary Fla, W01tr III Ry 6/17/09 C4 4 .................. mro