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HomeMy WebLinkAboutContract 42304 CITY SECRETARY 1 FORTWORTH CONTRACT 140. SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2005 WSM-J ' CITY PROJECT No. 00398 Water No. P253-604170039883 ' Sewer No. P258-704170039883 DOE No. 5306 JUNE 2011 1 Mike Moncrief Tom Higgins Mayor Interim City Manager Doug W. Wiershing, P.E. Transportation and Public Works Department S. Frank Crumb, P.E. ' Director, Water Department PREPARED FOR: The City of Fort Worth APM & Associates, Inc. TBPE REG # 3091 2201 Main Street, Suite 1100 Dallas, Texas 75201 (214) 748-4888 OF OFFICIAL RECORD *..................'* � A MASENGU N-- •i CITY SECRETARY i'..: ...97297 FT. WORTH, TX ���A�o'�! s II�hFs 01,1..•• \ +� 09-20-11 P03:38 IN ©{, City of Fort Worth, Texas ` Mayor and Council Communication COUNCIL ACTION: Approved on 9/13/2011 - Ordinance No. 19902-09-2011 DATE: Tuesday, September 13, 2011 REFERENCE NO.: C-25160 LOG NAME: 6005WSMJ-CONATSER SUBJECT: Authorize Execution of a Contract in the Amount of$1,379,455.00 with Conatser Construction TX, LP, for Water and Sanitary Sewer Replacement Contract 2005, WSM-J on Austin Lane, Cottonwood Street, DeCosta Drive, Clarence Street, Kings Oaks Lane, Kings Circle on Wayne Street and Clarence Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$1,481,775.00 from the Water and Sewer Fund in the amounts of$938,395.00 to the Water Capital Projects Fund and $543,380.00 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund by the amount of$938,395.00 and Sewer Capital Projects Fund by the amount of $543,380.00 from available funds; and 3. Authorize execution of a contract in the amount of$1,379,455.00 with Conatser Construction TX, LP, for Water and Sanitary Sewer Replacement Contract 2005, WSM-J on Austin Lane, Cottonwood Street, DeCosta Drive, Clarence Street, Kings Oaks Lane, Kings Circle on Wayne Street and Clarence Street. DISCUSSION: On September 19, 2006, (M&C C-21690) the City Council authorized the City Manager to execute an Engineering Agreement with APM & Associates, Inc., for Water and Sanitary Sewer Replacement Contract 2005, WSM-J. The project consists of water and sanitary sewer main replacements as indicated on the following streets: Street From To Austin Lane Cottonwood Street North DeCosta Drive Cottonwood Street Austin Lane East First Street North DeCosta East First Street Kings Circle South Drive Kings Oaks Lane North Beach Street 500 feet North of Austin Lane Kings Circle North Kings Oaks Lane Kings Circle South Kings Circle South Kings Oaks Lane 155 feet North of Kings Circle North Wayne Street Woodrose Drive Kin2s Circle South Clarence Street lGoddard Street lKings Circle South The project was advertised for bid on June 9, 2011 and June 16, 2011, in the Fort Worth Star-Telegram. On July 7, 2011, the following bids were received: Bidder Amount Time of Completion Conatser Construction TX, LP $1,379,455.00 230 Calendar Days Tri-Tech Construction $1,398,075.00 Burnsco Construction, Inc. $1 ,411 ,355.00 Cleburne Utility Construction $1 ,485,011 .00 Company M.E. Burns Construction Inc. $1,485,011.00 S.H.U.C. Inc. $1,644,506.00 Gra-Tex Utilities $1,726,970.00 William J. Shultz, Inc., d/b/a Circle $1,786,735.00 "C" Construction Company CPS Civil Inc. $1,849,297.00 Muniz Construction, Inc. $2,050,280.00 Atkins Brothers Equipment Co. Inc. $2,406,930.00 M/WBE - Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by committing to 16 percent M/WBE participation. The City's goal on this project is 16 percent. In addition to the contract cost $51,000.00 (water: $29,000.00; sewer; $22,000.00) is required for construction staking, project management, material testing and inspection and $51,320.00 (water; $26,490.00; sewer; $24,830.00) is provided for project contingencies. The project is located in COUNCIL DISTRICT 4. 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 and the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters 1&2) P253 476045 6041700398ZZ $938,395.00 1) PE45 538040 0609020 $938,395.00 1&2) P258 476045 7041700398ZZ $543,380.00 1) PE45 538040 0709020 $543,380.00 2) P253 531350 604170039852 $5,000.00 3) P253 541200 604170039883 $882,905.00 2) P253 511010 604170039880 $8,000.00 3) P258 541200 704170039883 $496,550.00 2) P253 541200 604170039883 $909,395.00 2) P253 531200 604170039884 $4,000.00 2) P253 531350 604170039884 $2,000.00 2) P253 531350 604170039885 $10,000.00 2) P258 531350 704170039852 $3,000.00 2) P258 511010 704170039880 $5,000.00 2) P258 541200 704170039883 $521,380.00 2) P258 531200 704170039884 $4,000.00 2) P258 531350 704170039884 $2,000.00 2) P258 531350 704170039885 $8,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Roberto C. Sauceda (2387) CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the tlt4 day of S`P���s�20�, by and a 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 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: FOR: Water and Sanitary Sewer System Replacement Contract 2005 WSM-J That the work herein contemplated shall consist of the Contractor furnishing as an independent contractor all labor, tools, appliances and materials, necessary for the construction I and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by or on behalf of the City of Fort Worth 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 itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Water Department 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 Water Department of the City of Fort Worth and City Council of the City of Fod Worth within a period of 230 Calendar days. }¢j ::-s.31��. �g-sem,✓ �"?R+ ® 0 ' If the Contractor should fail to complete the work as set forth in the PI nn and�hyY S'ppgif.J d Contract Documents within the time so stipulated, plus any additional t rrtQ1l 6wed"as pro ed in 1 the General Conditions, there shall be deducted from any monies due r� �w� `t A r 6/17i09 C-1 become due him, the sum of $420.00 per working day, riot as a penalty but as liquidated damages, the Contractor and its 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 manner as it may deem proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay Owner 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 the Owner, Owner's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, I 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, I 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 I 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 deemed 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 Iof work performed under a City of Fort Worth contract. I OFFICIAL ,ry 4j, a �i FT. 6/17/09 C-2 I 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. The form of the bond shall be as herein provided and the surety must first be acceptable to the City of Fort Worth. All bonds furnished 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 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 1 be ONE MILLION THREE HUNDRED SEVENTY NINE THOUSAND FOUR HUNDRED t FIVETY FIVE DOLLARS AND ZERO CENTS ($1,379,455.00) Dollars, 9. It is further agreed that the performance of this Contract, whether 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 Water Department. 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 `Tered into b the Parties hereto with references to the existing Charter and Ordinances of the VAA WORD ,,1,r^ CITY :�'a��CRETAK.Y 6/17/09 C-3 ,wd 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 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 131" day of Si�'i��.�a � 201 APPROVAL RECOMMENDED: CITY OF FORT WORTH \✓ �V�' BY: DIRECTOR, WATER DEPARTMENT ASSISTANT CITY MANAGER CONATSER ATTEST: CONSTRUCTION TX,LP CONTRACTOR NN CITY SECRETAR �oa��O b�11ha (SEAL) 7 000°°o 0r 00 44-11 04 a a�1� Jerry Conatser,President of v° p Conatser Management Group,Inc. °O O G.P. ° °0 L� r 1 ° * A DaTORM AND LEGALIT ° Oji AX Ay P.O.Box 15448 A� .00 I Fort Worth,TX 76119 'dam' ASSISTA CITY ATTORNEY OFFICIAL RECORD CITY SECRET;Ay FT. W01PPT 1, TX 6117;09 C-4