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FORT WORTH � �� LA_
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C„,i TY SECRETARY/SPECIFICATIONS AND CONTRACT DOCUMENTS
D.O.E. FILE
FOR
CONTRACTOR'S BONDING CO.
CONSTRUCTIMATTRAND SANITARY SEWER RELOCATIONS
HE TRINITY RIVER VISION-CENTRAL CITY
CLIENT D� TT AND THE TRINITY UPTOWN SRVICE AREA
PHASE 1 - BRIDGE AND CHANNEL RELOCATIONS
PART I HENDERSON STREET BRIDGE
WATER & SANITARY SEWER RELOCATIONS
(WOODWARD ST., HENDERSON ST. & WHITE SETTLEMENT RD.)
CITY PROJECT No. 00969
Water No. P265-609170096983
l Sewer No. P275-709170096983
1 APRIL 2011
Michael J. Moncrief Tom Higgins
Mayor Acting City Manager
S. Frank Crumb, P.E.
Director, Water Department
Doug Wiersig, Ph.D., P.E.
Director, Transportation and Public Works Department
PREPARED FOR:
The City of Fort Worth
STRLAM WATER GROUP, INC.
6737 Brentwood Stair Road,Suite 230
Fort Worth,Texas 76112—Phone:817-446-417.4 " Trinity River Vision
J � Texas Registration No.F-005488 e
3 1 p WBS No: 2.2.2
=F1 Kimley-Horn '`
and Associates, Inc.
Sot Cnerry St.. on;t 11, Su;te 950 Ft, forth, Ix 15102 81T_3 5451T
TK Re9istrotlon No. F-928 -
10-03-1
J
M&C Review Page l of 2
CITY COUNCIL AGENDA F(1RT_ 1+
COUNCIL ACTION: Approved on 9/13/2011
DATE: 9/13/2011 REFERENCE NO.:C-25162 LOG NAME: 60TRVPIHEND-
CONATSER
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract in the Amount of$1,249,597.00 with Conatser
Construction TX, LP, for Water and Sanitary Sewer Main Relocations for the Trinity River
Vision-Central City Project and the Trinity Uptown Service Area Phase 1 - Bridge and
Channel Relocations, Part 1 Henderson Street Bridge Water and Sanitary Sewer
Relocations (COUNCIL DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract in the amount of
$1,249,597.00 with Conatser Construction TX, LP, for Water and Sanitary Sewer Main Relocations
for the Trinity River Vision-Central City Project and the Trinity Uptown Service Area Phase 1 - Bridge
and Channel Relocations, Part 1 Henderson Street Bridge Water and Sanitary Sewer Relocations.
DISCUSSION:
On April 15, 2008, (M&C C-22765)the City Council authorized the City Manager to execute an
Engineering Agreement with Kimley-Horn and Associates, Inc., for Water and Sanitary Sewer Main
Relocations for the Trinity River Vision—Central City Project and the Trinity Uptown Service Area
Phase 1 —Bridge and Channel Relocations.
The overall Trinity River Vision Project includes construction of the Henderson Street Bridge over a
future bypass channel between the Trinity River and Clear Fork Trinity River.
This project, Part 1, provides for the abandonment of the existing water and sanitary sewer mains
located on Henderson Street(Cullen Street to White Settlement Road) that are necessitated by the
proposed bridge. Additionally, new water and sanitary sewer mains will be constructed north and
south of the bridge in order to maintain water and sewer service to customers who will be affected by
the abandonment of the identified water and sanitary sewer mains.
The project was advertised for bid on April 28, 2011 and May 5, 2011, in the Fort Worth Star-
Telegram. On May 19, 2011, the following bids were received:
Bidders 1131d Amoun IlTime of Completion
Atkins Brothers* $1,190,892.00 180 Calendar Days
Conatser Construction TX, LP $1,249,597.00
Gin-Seen, Inc. $2,012,170.00
*Atkins Brothers has been determined to be non-responsive to the contract specifications due to
failure to return the required M/WBE documentation.
In addition to the contract amount, $67,500.00 (Water: $22,500.00 and Sewer: $45,000.00) is
required for construction staking, project management, material testing, inspection, mapping and as-
built drawings and $49,000.00 (Water. $24,000.00 and Sewer: $25,000.00) is provided for change
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=1561 1&counci... Friday, September 23, 2011 ��
M&C Review Page 2 of 2
order contingencies.
M/ BE - Conatser Construction TX, LP, is in compliance with the City's M/WBE Ordinance by
committing to 21 percent M/ BE participation. The City's goal on this project is 21 percent.
This project is located in COUNCIL DISTRICTS 2 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/AccountfCenters
P265 541200 609170096983 $484,116.00
P275 541200 709170096983 $765,481.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating_Department Head: S. Frank Crumb (8207)
Additional Information Contact: Liam Conlon (6824)
ATTACHMENTS
60TRVPlHEND-CONATSER MAP (2).pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15611&counci... Friday, September 23, 2011
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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 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
(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."
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:
Water and Sanitary Sewer Relocations for The Trinity River Vision-Central City Project and The Trinity
Uptown Service Area Phase 1-Bridge and Channel Relocations,Part 1 Henderson Street Bridge Water and
Sanitary Sewer Relocations
I 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 i p;Ztion and approval of
the Department of Engineering of the City of Fort Wo qty Cc n _0the City of Fort Worth
within a period of 180 Calender days. OFFICIA►.RECoK
CITY SEC
FT.
VIORTH'TX
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
I sum of $420.00 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.
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 temps 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
I 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
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,
hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and
I 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,
Iservants 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 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 C t®t of e Texas Government
Code,as Amended. E(;QRD
®pfICl'e RETARY
ell`s
TX
FT. ®R?H9
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 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.
I 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 be ONE MILLION TWO HUNDRED FORTY NINE THOUSAND FIVE HUNDRED AND
NINETY SEVEN DOLLARS AND NO CENTS ($1,249,597.00).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
I 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.
IThe 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
Iand made a part hereof the same as if it were copied verbatim herein.
I 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 atteste cretary, with the
` corporate seal of the City of Fort Worth attached. The Contract executed th' ment through its
duly authorized officers in 8 counterparts with its corporate seal IAI
C��Y SECXETARY
'60IRTH'
'TX
Donc in Fort Worth. Texas,this the day of
RECO DED: CITY OF FORT WORTH
iBY
DIRECTOR, DEPARTMENT OF
WATER
FERNANDO COSTA, ASST CITY MANAGER
IATTEST:
1
CONATSER
CONSTRUCTION TX,LP
CONTRACTOR ,
CITY SECRETARY
(SEAL) Aa foilr�aa��
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Jerry Conatser,President of /r�y�o Id
Conatser Management Group,Inc. ��ll TO
G.P. 00000000000 '4
ITITLE n/t)-C. C Z >1 Z aa�Il iX O
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P.O. Box 15448 APPROVED AS TO FORM AND
Fort Worth,TX 76119 LEGALITY:
ADDRESS
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OOMCIALRECORD ASST. CITY ATTORNEY