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SPECIFICATIONS AND CONTRACT DOCUMENTS
1 FOR CITY SFCRFTARv
CONTRi,-, ` ;'40 �..--
2007 CRITICAL CAPITAL PROJECT
COUNCIL DISTRICT 5
CONTRACT5A
BIDEKER AVENUE, BRIGHT STREET AND BURTON AVENUE
CITY PROJECT No. 00946
1
Water No. P253-541200-605170094683
Sewer No. P258-541200-705170094683
TPW No. C295-541200-205400094683
January 2011
IMichael J. Moncrief
Mayor T. M/. Higgins
Interim City Manager
William A. Verkest, P.E.
Director, Transportation and Public Works Department
S. Frank Crumb, P.E.
Director, Water Department
PREPARED FOR:
The City of Fort 'North
DANNENBAUM �O, R
ENGINEERING CORPORATION
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FT.WORTH, TX
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This agreement made and entered into this the day 4f 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
11`h 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,LP, HEREINAFTER CALLED Contractor.
1 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:
Pavement Reconstruction,Water and Sanitary Sewer Main Replacement on Portions of Bideker Avenue
Burton Avenue,and Bright Street
2.
' That the work herein contemplated shall consist of furnishing as an independent contractor all
P g P
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.
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
I
the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth
within a period of 424 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$630 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,
IM 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 injury,
damage or death is caused, in whole or in Part, by the negligence or alleged negligence of
Ownen 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 injury 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 P rior
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 bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor
and/or materials furnished in the prosecution of the work, such bonds being as provided and required in
Texas Government Code Section 2253, as amended, in the form included in the Contract Documents,
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.
8.
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 Two Million Ninety-two Thousand Four Hundred Sixty five and
45/100.. ..Dollars,($2,092,465.45).
9.
1
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 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.
JUL 12 2011 Done in Fort Worth, Texas,this the day of ,A.D., 2011.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
DOUG L S W. WIERSIG, P.0
DIRECTOR, DEPARTMENT OF
TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA, ASST CITY MANAGER
i
iATTEST:
i Conatser Construction TX,LP
PO 15448
Fort Worth,TX 76119
CONTRACTOR
IC Ar
CITY SECRETARY
(SEAL) g�
c, ICY
BY- Z 5—CO 6
Jerry Conatser,President of 1 Z'
Conatser Management Group,Inc,G.P.
TITLE
P.O.Box 15448 APPROVED AS RM AND
Fort Worth,TX 76119
LEGALITY
ADDRESS
ASST. CITY ATTORNEY
November 1960
Revised May 1986
Revised September 1992
OFFICIAL RECORD
Revised March 2006
CITY SECRETARY
FT. WORTH, TX
s
City of Fort Worth, Texas
Mayor and Council Communication
on
COUNCIL ACTION: Approved on 7/12/2011 - Ordinance No. 19761VYW
DATE: Tuesday, July 12, 2011
LOG NAME: 202007COCONTRACT5ADIST500946 REFERENCE NO.: C-25006
SUBJECT.
Authorize a Contract in the Amount of$2,092,465.45 with Conatser Construction TX, LP, for Pavement
Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Bideker Avenue, Burton
Avenue and Bright Street and Adopt Appropriation Ordinance for$727,668.50 and Utilize $1,698,887.50
from the 2007 Critical Capital Projects Fund to Provide for Construction Contract Costs, Contingencies and
Construction Services for a Project Total of$2,426,556.00 (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$727,668.50 from the Water and Sewer Fund in the amounts of$606,135.00
to the Water Capital Projects Fund and $121,533.50 to the Sewer Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
Water Capital Projects Fund by the amount of$606,135.00 and the Sewer Capital Projects Fund by the
amount of$121,533.50, from available funds; and
3. Authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of
$2,092,465.45 for pavement reconstruction and water and sanitary sewer main replacement for streets
listed below.
. ..........
DISCUSSION:
As a part of the 2007 Neighborhood Streets program the following streets will be completely
reconstructed:
Contract 6A, Dist No. 6
Bideker Avenue Martin Luther King Freeway to Bishop Street
Burton Avenue Vaughn Boulevard to Campbell Street
Bright Street East Berry Street to Reed Street
In addition to pavement reconstruction, deteriorated water and sewer lines are to be replaced as specified
by the Water Department. Also, as with any Neighborhood Street project, an alternate bid was solicited
for the addition of sidewalks along each of the listed streets. There are sufficient funds available
to perform all reconstruction and to build the new sidewalks.
This contract was advertised on January 20, 2011 and January 27, 2011, in the Fort Worth-Star-
Tel ram. On March 3, 2011, the following bids were received:
Logname: 202007COCON' RACT5ADIST500946
Page 1 of 3
Bidders Base Bid Alternate
Base±
Conatser Construction TX, LP $2,036,824.95 Bid Alternate Bid
Stabile and Winn, Inc. $ 55,640.50 $2,092,465.45
CPS CIVIL $2,075,705.34 $ 70,781.00 $2,146,486.34
McClendon Construction $2,121'242.00 $ 63,783.00 $2,185,025.00
Company, Inc. $2,152,268.22 $ 76,100.00 $2,228,368.22
JLB Contracting, LLC $2,291,492.39 $ 81,851.14
RKM Utility Services, $2,373,343.53
Inc. $2,298,971.50 $ 75,209.00 $2,374,108.50
Jackson Construction $2,474,579.50 $ 82,326.00
Jet Underground Utilities Inc. $2,790,208.65 $2,556,905.50
Ed A Wilson, Inc. $ 90,578.50 $2,880,787.15
$2,929,200.50 $113,365.00 $3,042,565.50
Staff recommends that the base bid plus the alternate option in the amount of$2,092,465.45 submitted
by Conatser Construction TX, LP, be selected and a contract be awarded to Conatser Construction TX,
LP. In addition, $334,090.55 will be utilized for contingencies and construction services - surveying,
material testing, and construction inspection.
Conatser Construction, TX, LP, is in compliance with the City's M/WBE Ordinance by committing to 28
percent M/WBE participation on this combined project. The City's M/WBE goal on this combined project is
28 percent.
This project is located in COUNCIL DISTRICT 5, Mapsco 78S, 78T, and 78U.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the 2007 Critical Capital Projects Fund and 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 and the Sewer
Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1Q P253 476045 6051700946ZZ $606.135.00 1) PE45 538040 0609020
2) P258 476045 7051700aa6�� $606.135 00
1-&2) $1 21.533.50 1) PE45 538040 0709020 1121.533.50
2) P253 531350 605170094652 $14,000-00 3) P253 541200 60517009468'
21P253 53135 6051.70 94 8Q 1 X515,685 OQ
0.00 3) P258 541200 705170094683 87 083,50
2) P253 531350 505170094682 $7_00.0.0 3) C295 412.__ 2 540 09468 x1489.696.95
21.P253 541200 605170094683 $540.685.00
2) P253 531200 6051700 4684 $3,500.00
2) P253 531350 605170094684 $1500.00
2) P253 531350 60517009460 $42,000.0 0
2),..P253 531350 605170094691 $700.00
?LP2Z6-___5.1350 705170094652 $6.000 00
Logname: 202007COCONTRACT5ADIST500946
Page 2 of 3
2) P258 531350 7051051_?0094O$Q $45Q�Q
2)-P258_53155Q-M 17QQ945-02 $700.00
2) P258 541200 7051700940&3 .50
2) P258 531200 705170094684 $1,500.0
2) P258 531350 705170094684 $1,500.0
2) P258 531350 705170094685 $10,000.0
2) P258 531350 705170094691 $300.00
CERTIFICATIONS:
Submitted for Citv Manager's Office_I Fernando Costa (8476)
Originating De artm n Head: Douglas W. Wiersig (7801)
Khal Jaafari (7872)
Additional Information Contact: Najib Fares (7802)
ATTACHMENTS
1. 20 2007COCONTRACTSA DIST500946 AO11 doc (Public)
2. 202007-Contract_5 D.ist.,(J.C.T).pdf (CFW Internal)
3. 202007COCONTRACT5ADIST500946 Sewer FA_R.pdf (CFW Internal)
4. 2_02007COCONTRACT5ADIST500946_Water FAR..pdf (CFW Internal)
5. Acco m ing info.doc (CFW Internal)
6. FAR Contract 5A Dist 5 Sewer •pdf (CFW Internal)
7. FAR Contract 5A Dist_5_Water .pdf (CFW Internal)
8. FAR Revised-Contract 5A Dist 5 TPW 06 10 2011 pdf (CFW Internal)
9. Map_202Q07C0 Contract 5A Di_st5 00946.pdf (Public)
10. MWBIs_ ontract 5A-Dist Com-pliance Memo (CFW Internal)
11. PE45-538040-0609020.dop (CFW Internal)
12. PE45-53804-0.-0709020,doc (CFW Internal)
Logname: 202007COCONTRAC"I'5ADIST500946
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