HomeMy WebLinkAboutContract 42077 I FORTWORTH
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CONTRACT NO
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
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EASTERN HILLS
STORM SYSTEM IMPROVEMENTS
PHASE 1
MULTI-USE STORM WATER DETENTION BASIN
D.O.E. No. 6628
CITY PROJECT No. 01363
FILE No. SD-0258, X-21491
APRIL 2011
J
Mike Moncrief Thomas M. Higgins
Mayor Acting City Manager
Gregory A. Simmons, P.E.
Acting Director, Transportation and Public Works Department
S. Frank Crumb, P.E.
Director, Water Department
Richard Zavala
JDirector, Parks and Community Services Department
l PREPARED FOR: „��, , �F t.. t�
�I The City of Fort Worth % °'•'..•*�... `� t�
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l TIMOTHY WHITEFIELO
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JACOBS ENGINEERING GROUP INC. tt o•..' �
TBPE REG #2966 ttt F �EW.
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�t7�,OFFICIAL RECORD �
CITY SECRETARY
08-02-11 P02:40 IN FT. WORTH, TX
1
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 day of 'JUL'27 20XID., 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:
Eastern Hills Storm System Imarovements-Phase 1 Multi-Use Storm Water Detention Basin
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.
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 150 calendar days.
I
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$40 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,
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.
f6
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
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 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 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
g p 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.
Mr,
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(including/excluding) alternates Mn//a,
shall be One Million Six Hundred Seventy-four Thousand Six and
no/100.............................................................................................................Dollars,($1,674,006,00).
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.
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.
�7 2011
Done in Fort Worth, Texas, this the day of JUL ,A.D., 2011.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
Dougl W. Wiersig, P.E. -- irector
Transportation Public Works
FERNANDO COSTA, ASST CITY MANAGER
ATTEST:
' Conatser Construction TX,LP
PO 15448
Fort Worth,TX 76119
CONTRACTOR
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CITY SECRETARY -4C),
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(S E A L) o �jo�nC}C0
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BY: �ap oa°yyxd
GUL�'v000��00 T�
Jerry Conatser,President of ��T. X.� �y
Conatser Management Group,Inc,G.P. tv.-
TITLE
P.O.Box 15448 APPROVED AS TO A
Fort Worth,TX 76119
LEGALITY:
ADDRESS
ASST. CITY ATTORNEY
November 1960
Revised May 1986
Revised September 1992 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
." M&C Review Page 1 of 2
)ft I j1 Site of the City of Fort Worth,
CITY COUNCIL AGENDA FOR it
COUNCIL ACTION: Approved on 7/26/2011
DATE: 7/26/2011 REFERENCE C-25075 LOG 2000NSTRUCTION_EASTERN HILLS
NO.: NAME: —
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of
$1,674,006.00 for the Eastern Hills Storm System Improvements - Phase 1 Multi-Use
Storm Water Detention Basin (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with
Conatser Construction TX, LP, in the amount of$1,674,006.00 for construction of the Eastern Hills
Storm System Improvements- Phase 1 Multi-Use Storm Water Detention Basin.
DISCUSSION:
The construction project recommended by this M&C is needed to reduce the risk of residential
flooding and roadway overtopping in the area. This project is the first of three phases of planned
drainage improvements and will provide a multi-use detention basin/soccer field on Fort Worth
Independent School District property adjacent to the Eastern Hills Elementary School. Later phases
include trunk line improvements and extensions and modifications to local drainage lines throughout
the Eastern Hills neighborhood.
The project was advertised for bid on April 21, 2011 and April 28, 2011 in the Fort Worth Star-
Telegram. On May 12, 2011, the following bids were received:
Conatser Construction TX, LP $1,674,006.00 150 Calendar
Days
The Fain Group, Inc. $1,839,946.00
RPM Construction, LLC $1,984,699.39
C. Green Scaping, LP $1,991,732.27
North Texas Contracting, Inc. $2,113,199.50
The low bid for this project is from Conatser Construction TX, LP, in the amount of$1,674,006.00.
Costs for the implementation of this project will be funded by the Storm Water Capital Project Bond
2009 Fund.
Funding in the amount of$150,660.00 is included for associated construction survey, materials
testing, and inspection costs. The contingency fund for possible change orders is $50,220.00.
The low bidder, Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by
committing to 25 percent M/WBE participation. The City's goal on this project is 24 percent.
This project is located in COUNCIL DISTRICT 4, Mapsco 79C.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Storm Water Capital Project Bond 2009 Fund.
http://apps.cfwnet.org/council packet/mc review.asD?ID=15519&counciIdate=7/26/9.011 7/?Q/?O11
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 541200 204280136383 $1,674,006.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Doug Wiersig (7801)
Additional Information Contact: Chad Simmon (8179008346)
ATTACHMENTS
Eastern Hills Detention Pond.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15519&councildate=7/26/2011 7/29/2011