HomeMy WebLinkAboutContract 41807 -- " '`V11 11:95 B17B7B5753
' CH2N, HILL INC
M6755 P. 00i
CONTRACT No,
City of Fort Worth
Water D"rtment
To the S ADDENDUM No,5
Pectncations and Contract Documents
IFOR
Cffy -SfCfi�-TARY SANITARY SEWER RENABIi iTAnON CONTRACT 56, PART 2
I D.O.E. FILE D.O.E. PRpa�-No. 6019
SEW R PR07ECT NO. P2Si3-70917aiaZggg
CONTRACTOR'S BONDING CC . CITY PRWECT NO-01029
CONSTRUCTION'S COPY Addendum No`
' 1ftue Date: May 10, 2010
CLIENT DEPARTMENT Bid Rapt Gabe; May 13,2010
This addendum forms part of the
original Contract Documents. contract documents naed above and modifies the
attaching it to the Act"" receipt of this addendum by signing and
Proposal and on �� Mme ents (inside). Note receipt of the Addendum In the Bi
I the outer envelope of y�bid. d
P^�pt'+otive Btdder�s are hereby notillfed of the failowing:
7'�'DP TH fID /n-M-•
4.2 Bid propel D CyOM'�e�-r.,.,
Replace the Bid Propom,yft he
attached Bid Proposal (Ri):
There Es a darMcatlon to the contract drawing documents. No sheets will be re-Issued
as a result of this addendum, ued
Sewer services replaced within
services replaced between Pnvabe ��` shall be Schedule 40 PVC
SDR 26 PVC. SDR 26 PVC will be used i the vicinity o water lines and SDR Sewer
or
line crossings must be installed with cement stabilized sand embedmt,la per
Standard Details Sheet No. 63,
Ali other provisions of the plans _
are not expressly amended herein shall w �tbns and contract docu t for the project which
Failure to ►mum a signed
rendering the bid non-responsive.0OPY Of the addendum with the Proposal shall be grounds f
Proposal rendering at the time of submittal. A signed copy of this addendum shall be Place into t
OFFICIAL RECORD
CITY SECRETARY
ADDENDUM NO. 5 FT.WORTH,TX
May 10, 2010
M&C Review Page 1 of 2
CITY COUNCIL AGENDA FORT WORT II
COUNCIL ACTION: Approved on 5/1712011 -Ordinance No. 19687-05-2011
DATE: 5/17/2011 REFERENCE NO.: **C-24912 LOG NAME: 60SS56P2-
CONATSER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Rescind Award of Contract to Laughley Bridge and Construction, Inc., for Sanitary Sewer
Rehabilitation Contract 56, Part 2 and Authorize Execution of a Contract in the Amount of
$696,387.00 with Conatser Construction TX, LP, for Sanitary Sewer Rehabilitation
Contract 56, Part 2 on Portions of West Peter Smith Street, West Cannon Street, West
Leuda Street, West Terrell Avenue, College Avenue, Alston Avenue and Lipscomb Street
and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to rescind the award of contract to Laughley Bridge and Construction,
Inc., for Sanitary Sewer Rehabilitation Contract 56, Part 2;
2. Authorize the transfer of$30,570.00 from the Water and Sewer Operating Fund to the Sewer
Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of$30,570.00 from available funds; and
4. Authorize the City Manager to execute a contract in the amount of$696,387.00 with Conatser
Construction TX, LP, for Sanitary Sewer Rehabilitation Contract 56, Part 2.
DISCUSSION:
On January 21,2003, (M&C C-19437) the City Council authorized the City Manager to execute an
agreement with Wade &Associates for engineering and design for Sanitary Sewer Rehabilitation
Contract 56.
This project, Part 2 consists of the installation of sanitary sewer mains on the following streets:
Street From To
West Peter Smith Street Fulton Street 130 feet east of South Henderson Street
West Cannon Street Lipscomb Street 240 feet east of College Avenue
West Leuda Street Lipscomb Street College Avenue
West Terrell Avenue Alston Avenue College Avenue
College Avenue 170 feet south of West 100 feet north of West Terrell North Avenue
Cannon Street
College Avenue West Terrell Avenue 140 feet north of West Rosedale Street
Alston Avenue West Leuda Street 100 feet north of West Rosedale Street
Lipscomb Street West Terrell Avenue 450 feet north of West Rosedale Street
The project was advertised for bid on March 18, 2010 and March 25, 2010, in the Fort Worth Star-
Telegram. On May 13, 2010, the following bids were received:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15092&council... Wednesday, May 18, 2011
M&C Review Page 2 of 2
Bidders Bid Amount Time of Contract
Laughley Bridge 8 Construction, Inc. $665,817.00 150 Calendar Days
Conatser Construction TX, LP $696,387.00
Cleburne Utility Construction, Inc. $736,315.00
Barson Utilities $825,500.90
Bumsco Construction, Inc. $966,881.50
Jackson Construction, Ltd. $1,009,402.00
Utilitex Construction, LLP $1,128,731.50
The City Council authorized award of the contract to Laughley Bridge and Construction, Inc.,
(Laughley) on September 21, 2010 (M&C C-24473). Laughley has been determined to be
nonresponsive to the contract specifications due to its failure to execute and return the contract
documents. Therefore, City staff recommends that the City rescind the award of contract to Laughley
and authorize the award of the contract to the next responsible and responsive low bidder, Conatser
Construction TX, LP.
Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by committing to 19
percent M/WBE participation. The City's goal on this project is 17 percent.
In addition to the contract cost, $32,000.00 is required for construction staking, project management,
material testing and inspection and $25,000.00 is provided for project contingencies.
This project is located in COUNCIL DISTRICTS 8 and 9, Mapsco 76 H, M.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and the adoption of the attached appropriation ordinance, funds will be available in
the current capital budget, as appropriated, of the Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
2832 4) P258 541200 709170102983 $696,387.00
P258 476045 7091701029ZZ $30,570.00
21 PE45 538040 0709020 $30,570.00
3) P258 541200 709170102983 $30,570.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Susan Schwinger(6529)
ATTACHMENTS
60SS56P2-CONATSER A011.doc
60SS56P2-CONATSER MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15092&council... Wednesday, May 18, 2011
CITY OF FORT_WORTH. TEXAS
CONTRACT
THE STATE OF TEXAS
IKNOW ALL BY THESE PRESENTS
COUNTY OF TAR-RANT
This Contract made and entered into this the day of A.D., 2011, by and between
the CITY OF FORT WORTH,a home-rule municipal corporation situated in Tarrant, Denton, Parker, and
Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and
I Conataser Construction TX. LP Owner and Contractor may be referred to herein individally 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:
Sanitary Sewer Rehabilitation Contract(56)Part 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 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 himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Department of Water(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 an v of
the Department of Engineering of the City of Fort Worth and the City Council o i y of rth
within a period of 150 Calender days. A��,C,p`� 9SM
If the Contractor should fail to complete the work as set forth in the Plans and �itlbn�� �tra
Documents within the time so stipulated, plus any additional time allowed as pr ctitf`tiie
Conditions, there shall be deducted from any monies due or which may therea er be ue him the
sum of $315.00 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.
I 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
Iand 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
Ispecifying 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,
I 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,
I its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury,
damage or death is caused in whole or in part, by the neelicence or alleged ne 1iFence of
(honer, 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 arising from the performance of
any of the terms and conditions of this Contract, whether or not any such iniury or damage is
I caused in whole or in Part by the nezlieence or allePed negligence of (honer, its officers
servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior
Ito 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
Ito the insurance carrier.
I 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.
I 7
The Contractor agrees, upon the execution of this Contractor, 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 requirements of the Chapter 2253 of the Texas Government
Code, as Amended.
A. If the total contract price is $25,000 or less, payment to the con ractortl bRtl�
one lump sum. Payment shall not be made for a period of 45 calendar days fro wgpw;g
been completed and accepted by the Owner. �J-rY s�tiww*
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 the 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
aforesaid work, and for all additions thereto or deductions there from, 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
shall be SIX HUNDRED AND NINETY SIX THOUSAND THREE HUNDRED AND EIGHTY
SEVEN DOLLARS AND NO CENTS ($696 387 00)
I 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 Owner. Any
request for any sublease or assignment shall be made in writing and submitted to the Director of the
Engineering Department.
10.
The Contractor agrees to pay at least the minimum wage er hour for all labor as the e 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.
I 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 si in 8
counterparts in its name and on its behalf by the City Manager and attested by its ith the
corporate seal of the City of Fort Worth attached. The Contractor has execut r o gh its
duly authorized officers in 8 counterparts with its corporate seal attached. �,G�Q►1»`'`' „�p��(
OF
C0 14 w��tN�tX
Done in Fort Worth, Texas, this the dakyor , A.D.,
t RECO
DED: CITY OF FORT WORTH
' BY: t'lly
DIRECTOR DEPARTMENT OF
' WATER
x
FERNANDO COSTA, ASST CITY MANAGER
ATTEST:
Conatser
Construction TX, L.P.
CONTRACTOR
CITY SECRETARY pO F0��r7aa
(S E A L)
AP, 0000000
°�
BY: V°o 064
O °�
Jerry Conatser, President of
o° ap
o °
Conatser Management Group,Inc,G.P. /►' ---- °�O0000OOQ°O° p
Contract Authorizatiox _ ���an'�`XA5�o4��
TITLE Ix�'�'a
Conatser Construction TX,LP Date
PO sox 15448 APPROVED AS TO FORM AND
Fort Worth,TX 76119
LEGALITY:
ADDRESS
4. TY TTOR NEY
FOIPPITY CIA6 RECORD
SECRETARY
FT.WORTH,TX