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M&C Review Page 1 of 2
CITY COUNCIL AGENDA FORT�TII
COUNCIL ACTION: Approved on 9/13/2011
DATE: 9/13/2011 REFERENCE NO.: ""C-25149 LOG NAME: 60121TP4-
CONATSER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Rescind Award of Contract to Utilitex Construction, LLP, for Water and Sanitary Sewer
Relocations for State Highway 121T, Part 4 and Authorize Execution of a Contract in the
Amount of$819,420.00 with Conatser Construction TX, LP, for Water and Sanitary
Sewer Relocations for State Highway 121 T, Part 4, at Forest Park Boulevard and
Eleventh Street(COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize recession of the previously awarded contract to Utilitex Construction, LLP, for Water and
Sanitary Sewer Relocations for State Highway 121 T, Part 4; and
2. Authorize execution of a contract in the amount of$819,420.00 with Conatser Construction TX, LP,
for State Highway 121T, Part 4.
DISCUSSION:
On April 5, 2005, (M&C C-20631), the City Council authorized an Engineering Agreement with
TranSystems Corporation d/b/a TranSystems Corporation Consultants for the design of Water and
Sanitary Sewer Relocations for State Highway 121 T, Part 1 from Hulen Street to Summit Avenue.
This project Part 4, will provide for the relocation of segments of existing sanitary sewer main lateral
that are in conflict with proposed State Highway 121T at Forest Park Boulevard and Eleventh Street.
The proposed improvements consist of the installation of a 12-inch sanitary sewer main on Forest
Park Boulevard from Vickery Boulevard to 500 feet north of I. H. 30 and a 10-inch sanitary sewer
main on Eleventh Avenue from Daggett Avenue to Union Pacific Railroad.
The project was advertised for bid on December 9, 2010 and December 16, 2010 in the Fort Worth
Star-Telegram. On January 13, 2011, the following bids were received:
Bidders Bid Amount
Utilitex Construction, LLP $ 754,148.50
Conatser Construction, TX, LP $ 819,420.00
William J. Schultz, Inc., d/b/a Circle rs 951,910.50
"C" Construction Company
Jackson Construction, Ltd $ 981,701.00
CPS Civil, LLC 1 $1,143,209.00
The City authorized award of the contract to Utilitex Construction, LLP (Utilitex), June 7, 2011 (M&C
C-24938). Subsequent to award of contract but prior to execution of the contract documents, Utilitex
notified Staff that it could not construct the project for the original bid price due to material cost
increases during the time frame it took to award the contract. Therefore, City Staff recommends that
the City rescind the award of contract to Utilitex Construction, LLP, and authorize the award of the
contract to the next responsible and responsive low bidder, Conatser Construction TX, LP. Conatser
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15648&cou... Thursday, September 15, 2011
M&C Review Page 2 of 2
Construction TX, LP, has informed the City in writing that it will honor its original bid price.
In addition to the contract amount, $32,000.00 is required for construction staking, material testing
and inspection and $25,000.00 is provided for change order contingencies.
M/ BE- Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by
committing to 25 percent M/ BE participation. The City's goal on this project is 18 percent.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account(Centers
P275 541200 709170020388 $819,420.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Oriainating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Liam Conlon (6824)
ATTACHMENTS
60121TP4-CONATSER MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15648&cou... Thursday, September 15, 2011
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
I This Contract made and entered into this the day of A.D., 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 (Contracting Company Name here), ("Contractor") Owner and CONASTER CONSTRUCTION TX
LP. Owner and Contractor may be referred to herein individally as a "Party" or collectively as the
"Parties."
fWITNESSETH: That said parties have agreed as follows:
I.
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:
Water and Sanitary Sewer Relocations for SH 121T(Southwest Parkway) Part 4
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
I 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
Ipart 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 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 Calender 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 $31*; 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 deficiencN
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.
I6
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 negligence or alleged negligence 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 injury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner, its officers,
servants or employees..
I 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)
I provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred
to 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.
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 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. soler 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.
ID. 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
I 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
I invoice from the Contractor. The agreed upon total contract amount(including/excluding)alternates!l/a,
shall be EIGHT HUNDRED and NINETEEN THOUSAND FOUR HUNDRED AND TWENTY
DOLLARS AND NO CENTS ($819,420.00).
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
Irequest 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 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
I 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.
Done in Fort Worth, Texas, this the day of ,A.D.,_,
REC � DED: �nA44A CITY OF FORT WORTH
BY:
DIRECTOR, DEPARTMENT OF
WATER
FERNANDO COSTA,ASST CITY MANAGER
' ATTEST:
CONTRACTOR
CONATSER
CONSTRUCTION TX, LP
CITY SECRETARY FOR�►4�a
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(S E A L) a�� � ��0°01 0 0
BY: 0
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I Jerry Conatser,President of a4 �` x.AS qS,•
Conatser Management Group,Inc,G.P.
ITITLE
P.O.Box 15448 APPROVED AS TO FORM AND
Fort Worth,TX 76119
LEGALITY:
ADDRESS
ASST. CITY ATTORNEY
Gv1 � c
OFFICIAL RECORD
CITY SECRETARY
FT. WORT H> TX