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HomeMy WebLinkAboutContract 41806 1 CITY SECRETARY �, �� � ��CONIIIAC101t CONTRACT NO.�Q-(D L 1 COWM00nmmr, FORT WORTH 1 --v-.0 TY VANAQM OFACE .�..r-..BMWAW DIV. ' "'TNWV FICATIONS AND CONTRACT DOCUMENTS FOR 1 2007 CRITICAL CAPITAL PROJECT ' COUNCIL DISTRICT 5 CONTRACT 5C CAPERS AVENUE, OSBORNE LANE, RANSOM TERRACE ' AND PLANT AVENUE DOE 5878 ' CITY PROJECT NO. 00950 TPW No. C295-541200-205400095083 Water No. P253-541200-605170095083 Sewer No. P258-541200-705170095083 JANUARY 2011 Michael J. Moncrief T.M. Higgins IMayor Acting City Manager William A. Verkest, P.E. Director, Transportation and Public Works Department S. Frank Crumb, P.E. OFFICIAL RECORD Director, Water Department CITY SECRETARY Richard Zavala FT.W©kTHI, TX Director, Parks and Community Services Department PREPARED FOR: The City of Fort Worth �.h � �- DAN N EN BAU M as o ° ee 00[C0004b08LD49(igLy ��=Gn ENGINEERING CORPORATION T.B.P.E.FIRM REGISTRATION#392 QO03x�O"OD Bwoe►.+ atauesusa. k'n iQ 6421 CAMP BOWIE BLVD,STE 100 FT.WORTH,7%78118(617)763-M3 CC 4 z y y, I m&u xeview Pagel of 3 dl "'t"of the City of I on NVorth 1 rx-5 CITY COUNCIL AGENDA FORTVORTII COUNCIL ACTION: Approved on 5/3/2011 - Ord. No. 19676-05-2011�M DATE: 5/3/2011 REFERENCE C-24898 LOG 202007COCONTRACT5CDIST500950 NO.: NAME: CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract in the Amount of$1,389,313.75 with Conatser Construction TX, LP, for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Capers Avenue, Osborne Lane, Ransom Terrace and Plant Avenue and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$410,570.47 from the Water and Sewer Fund to the Capital Projects Fund in the amount of$221,799.55 and Sewer Capital Projects Fund in the amount of$188,770.92; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund by the amount of$221,799.55 and the Sewer Capital Projects Fund by the amount of$188,770.92, from available funds; and 3. Authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of$1,389,313.75 for pavement reconstruction and water and sanitary sewer main replacement for streets listed below: DISCUSSION: On September 16, 2008, (M&C C-23050) the City Council authorized the City Manager to execute an Engineering Agreement with Dannenbaum Engineering Corporation, for the redesign of the streets listed below. The 2007 Critical Capital Projects Fund includes funds for pavement reconstruction for the listed streets in Contract 5C. The Water Department has determined that deteriorated water and sewer lines should be replaced prior to street reconstruction. Contract 5C, Dist No 5• Capers Avenue Stalcup Road to Farrell lane. Osborne Lane South Hampshire Boulevard to Old Handley Road Ransom Terrace Maceo lane to Truman Drive Plant Avenue Craig Street to Cravens Road This contract was advertised on January 13, 2011 and January 20, 2011, in the Fort Worth Star- Telegram. On Feburary 17, 2011, the following bids were received: Bidders Base Bid Alternate Bid Base + Alternate Bid http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15086&councildate=5/3/2011 5/4/2011 M&U Keview Page 2 of 3 Conatser Construction TX, LP $1,307,987.75 $81,326.00 $1,389,313.75 McClendon Construction Company $1,389,077.65 $139,526.00 $1,528,603.65 Stabile and Winn, Inc. $1,420,105.98 $147126.00 $1,567,231.98 JLB Contracting, LP $1,525,988.94 $183,392.00 $1,709,380.94 CPS CIVIL $1,559,090.50 $166,776.00 $1,725,866.50 Time of completion: 360 Calendar days. The new pavement will consist of 7.5 inches of concrete over six inches of lime stabilized sub grade with a seven inch curb. The alternate bid will allow the construction of sidewalks. Funding in the amount of$38,052.00 is included for associated water and sewer construction survey, project management, material testing, field inspection and project close out (water$20,041.00; and sewer$18,011.00). The contingency funds to cover change orders total $17,738.97 (water $9,607.55; and sewer$8,131.42). Funding in the amount of$96,731.00 is included for associated Transportation and Public Works Department costs for: construction survey, project management, material testing, field inspection and project close out. The contingency funds to cover change orders total $31,036.02. Staff recommends that the base bid plus the alternate option submitted by Conatser Construction TX, LP, be selected and a contract be awarded to Conatser Construction TX, LP. M/WBE—Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE participation. The City's M/WBE goal on this project is 24 percent. This project is located in COUNCIL DISTRICT 5, Mapsco 79L, 79M, 79Q and 79R. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund and in the capital budget appropriated, of the 2007 Critical Capital Projects Fund and upon approval of the above recommendations and adoption of the attach appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Mater Capital Projects Fund and the Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 11&2) $221,799.55 1) PE45 538040 0609020 $221,799.55 P253 476045 6051700950ZZ 1&2) 1) PE45 538040 0709020 $188,770.92 P258 476045 705170095OZZ $188,770.92 P253 541200 605170095083 $192,151.00 2) P253 531350 605170095052 $4,035.00 2) P253 531350 605170095080 $300.00 C295 541200 205400095083 $1,034,534.25 2) P253 531350 605170095082 $300.00 3) $162,628.50 2) P253 541200 605170095083 $201,758.55 P258 541200 705170095083 2) P253 531200 605170095084 $1,500.00 2) P253 531350 605170095084 $1,500.00 2) P253 531350 605170095085 $12.106.00 2) P253 531350 605170095091 $300.00 2) P258 531350 705170095052 $3,415.00 2) P258 531350 705170095080 $750.00 2) P258 531350 705170095082 $300.00 2) P258 541200 705170095083 $170.759.92 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15086&councildate=5/3/20l l 5/4/2011 M&C Review Page 3 of 3 2)P258 531200 705170095084 51,500.00 2)P258 531350 7051700_95084 $1,500.00 2) P258 _531350 705170095085 $10.246.00 2) P258 531350 705170095091 $300.00 Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Khal Jaafari (7872) Najib Fares (7802) ATTACHMENTS 20 2007COCONTRACT5CDIST500950 A011.doc Map 202007COContract 5C Dist5 00950.pdf http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 5086&councildate=5/3/2011 5/4/2011 STATE OF TEXAS § ' § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Contract is made and entered into this the day of AY 0 3 2011 2011. by and ' between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter referred to as "Owner", by and through Charles ' W. Daniels, its duly authorized Assistant City Manager, and Conatser Construction TX, LP-, hereinafter referred to as "Contractor", by and through its duly authorized representative. ' 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 Proiect Council District 5 Contract 5C 2. ' That the Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents ' include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of award, special provisions, general provisions, work order(s), this Contract, and the payment, performance, and maintenance bonds. The Contract Documents shall also include any and all ' supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. I 3. 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 Contract Documents prepared through the Transportation & Public Works Department of the City of Fort Worth, which the plans and I specifications of the Contract Documents are hereto attached and made a part of this Contract the same as if written herein. I 4. The Contractor hereby agrees and binds itself to commence t fllflil �l work within ten (10) days after being notified in writing to do so by the D CMt$2QRfl Yr g of Ithe City of Fort Worth. FT.W®RTH9 TX 5. 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 360 Calendar Days from the time commencing said work. ' If the Contractor should fail to complete the work as set forth in the Plans, 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, a per day charge of $420 per Working Day as stipulated in these contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety ' shall be liable to the Owner for such deficiency. 6. ' 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 feither demand the Surety to take over the work and complete same in accordance with the Plans, Specifications, and 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. 7. 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 iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or 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 I arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused 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, deemed appropriate, ma refuse to acce lA�hr7 o Fort Y� Y p OF Worth public work from a Contractor against whom a claim for da bilmiSto as a 01torni.tX result of work performed under a City Contract. i 8. ' Owner 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 Contractor 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 shall be One Million, Three Hundred Eighty-nine Thousand, Three Hundred Thirteen and ' 75/100..........................Dollars, ($1,389,313.75). ' 9. It is further agreed that the performance of this Contract, either in whole or in part, shall ' not be sublet or assigned to anyone else by Contractor without the written consent of the Owner. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this Contract is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the parties hereto have made and executed this Contract in ' multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. I OFFICIAL R I CITY SECRETARY F r.WORTH,TX ' CITY OF FORT WORTH (Contractor Entity Name) ' Fernando Costa n ser Construction TX LP Assistant City Manager PO Box 15448 ' Fort Worth TX 76119 TITLE RECOMMENDED: Jerry Conatser,President of Conatser Management Group,Inc,G.P. By: r w^ �`-' ATTEST: ' Dougla iersig P.E., Director Transp rtation & Public Works 4)j�'t"-1 Marty Hendrix iCity Secretary pad�' �gynaa� w�o°0000poA , APPROVED AS TO FORM AND o oQO�+� LEGALITY. o a d - o ox� I Date �� o °°.�(dt� o 0 000"000 ov a AUTHORIZATION �aa�nX4 44a� I At1 M&C C-ogq$q O Doug Black Approval Date: Assistant City Attorney I I FOFFICIAL RIOORD RMTARY R` H,TX I I