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IN
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 26 day of July A.D., 2011, by and between the
I 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 th 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, McClendon
Construction Company,Inc., HEREINAFTER CALLED Contractor.
IWITNESSETH: That said parties have agreed as follows:
1.
IThat 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:
2007 CCP Premature Failed Streets-Red Birch Suear Maple Water Oak White Willow Smokethorn Etc
2.
That the work herein contemplated p ated 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 herebyagrees and binds himself to commence the const
�' ruction 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 Transportation of the City of Fort Worth and the City Council of the City of Fort
Worth within a period of One Hundred Fifty Four(154)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
I Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
sum of$315 per Calendar Day, not as a penalty but as liquidated damages, the Contractor and his Surety
shall be liable to the Owner for such deficiency.
5.
I 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
I 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
I 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
IContractor 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,
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 iniury 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, 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 ofthe City of Fort Worth.
y
8.
Said City agrees and binds itself to ay, 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
Isubmitted 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 Eiaht Hundred Sixty Nine Thousand Nine Hundred Seventy Five Dollars and Zero Cents
Dollars,($869,975.00).
I 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 Director of the
Department of Engineering.
I 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.
H.
It is mutually agreed and understood that this agreement is made and entered ed mto 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 7
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 7 counterparts with its corporate seal attached.
Done in Fort Worth,Texas,this the 26 day of Ju1y,A.D.,2011.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
DOUG � S W. WIERSIG P.E
DIRECTOR, DEPARTMENT OF
I TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA, ASST CITY MANAGER
ATTEST:
McClendon Construction Company,Inc.
P.O.Box 999
Burleson,TX 76097
I CONTRACTOR
,46' x
CITY SECRETARY p��AOR T o�81
(SEAL) pA* PO
.160 00
I
BY: 0000 o° d o *d
DAPI McCLENDON, PRESIGtLNT a 0000
000,00 `'
I TITLE
IAPPROVED AS TO FORM AND
P.O.Box 999 LEGALITY:
I Burleson, TX 76097
ADDRESS
I
IASST. ITY ATT Y
November 1960 C- Z 5Z),�5'
I Revised May 1986 Z6
Revised September 1992
I Revised March 2006
RECORD
I ATH,TX
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CITY COUNCIL AGENDA FORT WORTII-�-
COUNCIL ACTION: Approved on 7/26/2011
DATE: 7/26/2011 REFERENCE,*C-25055 LOG 202007CCP_RECONSTRUCTION—PREMATURE
NO.: NAME: FAILED STREETS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Rescind City Secretary Contract No. 39235 with McClendon Construction Company, Inc., in the
Amount of$738,930.00 for 2007 Critical Capital Project for Total Reconstruction of Premature
1 Failed Streets at Seven Locations and Authorize Execution of a Contract with McClendon
J Construction Company, Inc., in the Amount of$869,975.00 for 2007 Critical Capital Project for
Reconstruction of Premature Failed Streets at Sixteen Locations (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
l1. Authorize the City Manager to rescind City Secretary Contract No. 39235 with McClendon
Construction Company, Inc., in the amount of$738,930.00 for 2007 Critical Capital Project for total
Reconstruction of Premature Failed Streets at seven locations; and
I2. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in
the amount of$869,975.00 for 154 calendar days for pavement improvements to the premature failed
streets, at 16 locations on the 2007 Critical Capital Project.
DISCUSSION:
In July 2009, Contract Number 39235 was awarded to provide for the repair of premature failed
streets at seven locations. After the project was awarded, it was determined that there were still
outstanding legal issues that had to be resolved before the contractor could be released to begin
work. By the time the legal issues were resolved, too much time had elapsed and the contractor
requested that they be released from the contract. Staff concurs and recommends rescinding
Contract Number 39235. A new contract for 16 locations has been developed including five of the
streets that were in Contract Number 39235. The five streets included in the new contract are now
clear of any legal issues. Of the original seven in Contract Number 39235, two still have legal issues
pending.
This project provides for the reconstruction and partial replacement of the following 16 premature
failed streets;
Reconstruction:
Red Birch Lane (from White Willow Drive to Green Ash Drive)
Sugar Maple Drive 415 feet West of Sweet Leaf Court to Sweet Birch Court)
Water Oak Drive (Shortleaf Lane to Caylor Road)
White Willow Drive (175 feet West of Red Birch Lane to Silver Maple Drive)
Smokethorn Drive (235 feet East of Red Birch Lane to Yellow Birch Drive)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15537&councildate=7/26/2011 7/28/2011
1 M&C Review Page 2 of 3
Partial Replacement:
Blue wood Drive (from Coffetree Drive to White Willow)
Green Ash Drive [(from Red Birch Lane to White Willow Drive)
Maplewood Drive (from Coffetree Drive to English Oak Drive)
Maplewood Drive (from Sugar Maple Drive to Coffetree Drive)
Redgum Drive (from Corkwood Drive to East cul-de-sac)
Silver Maple Drive (from Woodland Springs Drive to Green Ash Drive)
Sweet Birch Court (from sugar Maple Drive to North cul-de-sac)
Sweet Cherry Court (from Sugar Maple Drive to North cul-de-sac)
Sweet Leaf Court (from Sugar Maple Drive to North cul-de-sac)
1 White Willow Drive (from Silver Maple Drive to Green Ash Drive)
J Yellow Birch Drive (from Park Vista Boulevard to Smokethorn Drive)
On January 9, 2009, (M&C G-15571)the City Council authorized the sale of$42,325,000.00 in
Certificates of Obligation (CO)for the purpose of funding part of the Critical Capital Needs Program.
These CO's included funds for the improvements of premature failed streets.
The City of Fort Worth (City) reserves the right to increase or decrease quantities of individual pay
items within the contract, provided that the total contract amount remains within plus or minus 25
percent of the contract award.
I This project was advertised for bid on April 28, 2011 and May 5, 2011, in the Fort Worth Star-
Telegram. On May 26, 2011, the following bids were received:
Bidders Amount
1 McClendon Construction Co., Inc. $ 869,975.00
J Conatser Construction, TX, LP. 1 $892,165.00
Jet Underground Utilities, Inc. $ 924,510.00
JLB Contracting, LLC. $959,948.00
Stabile & Winn, Inc. $1,209,365.50
Ed A. Wilson, Inc. $1,446,610.00
McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by
Icommitting to 22 percent M/WBE participation. The City's goal on this project is 18 percent.
FISCAL_INFOR_MATION/CE_RTIFICATION:
The Financial Management Services Director certifies that funds are available in the current Capital
Budget, as appropriated, of the 2007 Critical Capital Projects Fund.
TO O_Fu_nd/Account/Centers FROM Fund/Account/Centers
C_295 541200 202240129083 $88_69,97.5.00
Submitted for Ci Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15 53 7&councildate=7/26/2011 7/28/2011
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lAdditional Information Contact: Kristian Sugrim (8902)
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http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15 5 3 7&councildate=7/26/2011 7/28/2011