HomeMy WebLinkAboutContract 41401 V
FORTWORTH CITY SECRETARY
CONTRACT q )
t SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
2007 Critical Capital Project
(Council District 9)
Part II - Group 9B
BIDDISON STREET (EVANS AVENUE TO ECHO LAKE DRIVE SOUTH)
BLODGETT AVENUE (FAIR PARK BOULEVARD TO MCCLURE ST.)
EUGENE AVENUE (W. DEAD END TO E. DEAD END)
BUTLER STREET (NEW YORK AVENUE TO COLE STREET)
CITY PROJECT No. 00980
DOE No. 5923
TPW No. C295-541200-20940-0098083
Water No. P265-541200-60917-0098083
Sewer No. P275-541200-70917-0098083
AUGUST 2010
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayor City Manager
William A. Verkest, P.E.
Director, Transportation and Public Works Department
S. Frank Crumb, P.E.
Director, Water Department
Richard Zavala
FT
Director, Parks and Community Services Department * �*
�t
' PREPARED FOR: CARL J. KROGNESS
The City of Fort Worth . 91M
"CENT
3 BROWN & GAY ENGINE �PF19&-RECO 4 f
F-1046
CITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE
PRESENTS
COUNTY OF TARRANT
' This Contract made and entered into this the da�a 2 5 2011 A.D., 2011, by and
between the CITY OF FORT WORTH, a home-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:
2007 Critical Capital Project(Council District 9)Part II—Group 9B
' 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.
;FFICIA RE CORLD
CITY SECRE�`ZRY
fi WDR7T
I
E
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
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
City of Fort Worth within a period of 270 Calendar days.
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.
1 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 any such iniurv, damage or death is caused, in whole or in
ILI Part, by the negligence or alleged negligence of Owner, its officers, servants, or
IL employees. 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 injury or damage is caused
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, -rk
in whole or in part by the negligence or alleged negligence of Owner, its officers,
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 contractor shall be
made in one lump sum. Payment shall not be 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 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 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, full and faithful performance of the general guarantee contained in
the Contract Documents.
8.
The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of
the foresaid 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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTHS TX
(including/excluding) alternates n/a, shall be One Million, One Hundred Forty-eight
Thousand,Six Hundred Thirty and 90/100.......................Dollars,($1,148,630.90).
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.
1
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 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 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 through its duly authorized officers in 8 counterparts with its corporate seal attached.
Done in Fort Worth,Texas,this the_d JA). 2 5 2011 A.D., 2011.
OFFICIAL RECORD
CITY SECRETARY
FT. (NORTH, TX
I
APPROVAL RECOMMENDED: CITY OF FORT WORTH
'I
Willia�AVerkest. - Director
Transportation Public Works
FERNANDO COSTA,ASST CITY MANAGER
'
ATTEST:
Conatser Construction TX LP Aftested by:
P.O.Box 15448 1��L ��iv�
Fort Worth,TX 76119 Marty Hendrix,My Secm�
CONTRACTOR
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ASST. CITY ATTORNEY
November 1960
C Revised May 1986
Revised Seatember 1992
'-r*ract Authnrizaticr OFFICIAL RECORD
CITY SECRETARY
FT. WO RTH, TX
M&C Review : Pagel of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT, TH
COUNCIL ACTION: Approved on 1/25/2011 -Ordinance No. 19535-01-2011
DATE: 1/25/2011 REFERENCE NO.: C-24716 LOG NAME: 202007 CCP CD9
PT2 GRP B
CODE: C TYPE: NON-CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Contract in the Amount of$1,148,630.90, with Conatser
Construction TX, LP, for Pavement Reconstruction and Water and Sanitary Sewer Main
Replacement on Portions of Biddison Street, Blodgett Avenue, Eugene Avenue and East
Butler Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$584,355.90 from the Water and Sewer Operating Fund to the Water
Capital Projects Fund in the amount of$289,506.40 and Sewer Capital Projects Fund in the amount
of$294,849.50;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Water Capital Projects Fund, in the amount of$289,506.40 and in the Sewer Capital Projects
Fund in the amount of$294,849.50, from available funds; and
3. Authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the
amount of$1,148,630.90, for pavement reconstruction and water and sanitary sewer main
replacement for the streets listed below.
DISCUSSION:
On March 6, 2007, (M&C G-15621)the City Council authorized the sale of$42,325,000.00 in
Certificates of Obligation for the purpose of funding part of the Critical Capital Needs Program. That
amount included funds for pavement reconstruction of neighborhood streets at various locations.
On September 16, 2008, (M&C C-23051)the City Council authorized the City Manager to execute an
engineering agreement with Brown and Gay Engineers, Inc., for the design of Biddison Street,
Blodgett Avenue, Eugene Avenue and East Butler Street. Street improvements will include pavement
reconstruction; construction of standard concrete curb and gutter; driveway approaches and
reconstruction of sidewalks.
The Water Department has determined that severely deteriorated water and sanitary sewer lines
should be replaced prior to street reconstruction.
Construction Contract Part 2 (Group 9B): Project No. 00980
IBiddison Street (Evans Avenue to Echo Lake Drive South)
Blodgett Avenue 11(Fair Park Boulevard to McClure Street)
Eugene Avenue 11(West Dead End to East Dead End)
East Butler Street 11(New York Avenue to Cole Street)
This contract was advertised on August 19, 2010 and August 26, 2010 in the Fort Worth Star-
Telegram. On September 23, 2010 the following bids were received:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14555&councildate=1/25/2011 1/25/2011
M&C Review Page 2 of 3
Bidders II Base Bids
Conatser Construction TX, LP $1,148,630.90
McClendon Construction $1,227,425.00
JLB Contracting, LP $1,261,426.44
Stabile &Winn, Inc. $1,336,531.05
RKM Utilities services, Inc. $1,349,940.50
The Fain Group $1,641,074.50
Ed A. Wilson, Inc. $1,667,687.00
Time of completion: 270 calendar days.
Staff recommends that the base bid option submitted by Conatser Construction TX, LP, be selected,
and that the contract be awarded to Conatser Construction TX, LP.
The new pavement will consist of seven inch concrete, over eight inch lime stabilized sub grade with
a seven inch curb. Steps and lead walks will be removed and reconstructed.
In addition to the contract cost, funding in the amount of$52,100.00 is included for water and sanitary
sewer construction survey, project management, material testing, field inspection and project close
out(water$26,050.00 and sanitary sewer$26,050.00). The contingency funds to cover change
orders totals$25,346.00 (water$12,546.00 and sanitary sewer$12,800.00).
In addition to the contract cost, funding in the amount of$68,090.00 is included for Transportation
and Public Works associated costs for survey, project management, material testing, field inspection
and project close out. The contingency fund to cover change orders for pavement reconstruction work
total $25,000.00.
Conatser Construction TX, LP; is in compliance with the City's M/WBE Ordinance by committing to 22
percent M/WBE participation on this combined project. The City's M/WBE goal on this combined
project is 19 percent.
This project is located in COUNCIL DISTRICT 9, Mapsco 91A, 91B, 91G, and 61F/G.
FISCAL INFORMATION/CERTIFICATION:
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 budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital
Projects Fund and the 2007 Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2� $289.506.40 1) PE45 538040 0609020 $289,506.40
P253 476045 609170098OZZ
1) PE45 538040 0709020 $294,849.50
2) P253 531350 609170098052 $6,000.00 3) P253 541200 609170098083 $250,910.40
2) P253 531350 609170098080 450.00 3) P258 541200 709170098083 $255,999.50
2) P253 531350 609170098082 300.00 3
2) P253 541200 609170098083 $263,456.40 )C295 541200 209400098083 $641,721.00
2)P253 531350 609170098084 $3,000.00
2) P253 531350 609170098085 $16,000.00
2) P253 531350 609170098091 $300.00
1&2)
P258 476045 709170098OZZ $294849.50
2)P258 531350 7_09170098052 $6000.00
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 4555&councildate=1/25/201 1 1/25/2011
M&C Review _ Page 3 of 3
2) P258 531350 709170098080 $450.00
2) P258 531350 709170098082 $300.00
2) P258 541200 709170098083 $268.799.50
2) P258 531350 709170098084 $3,000.00
2) P258 531350 709170098085 $16,000.00
2) P258 531350 709170098091 $300.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: William Verkest(7801)
Additional Information Contact: Gopal Sahu (7949)
ATTACHMENTS
20.20070CP.CD9__PT2 GRPBAO_..d.._oc
2020_.07 CCP CD9_PT2 GRPBMAP...pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14555&councildate=l/25/2011 1/25/2011