HomeMy WebLinkAboutContract 42246 CITY SECRETARY
CONTRACT NO,�� t�ONfRAC1�01t
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CONTRACT DOCUMENTS
FOR
HMAC SURFACE OVERLAY (2011-8)
CDBG - INFRASTRUCTURE PROJECT
AT VARIOUS LOCATIONS
IN THE CITY OF FORT WORTH, TEXAS
' CITY PROJECT NO. 01725
' TPW PROJECT NO. C299-539120-208620172583
2011
MIKE MONCRIEF T. M. HIGGINS
MAYOR INTERIM CITY MANAGER
GREG SIMMONS, P.E., ACTING DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ANDY ANDERSON, P.E., ASSISTANT DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
PREPARED BY
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
INFRASTRUCTURE GROUP — "`�\
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NUSRALLAH
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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 23 day of August A.D., 2011, by and between the
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 11th day of
December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the
t 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, Peachtree
Construction,Ltd.,HEREINAFTER CALLED Contractor.
' 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:
HMAC Surface Overlay 2011-8 CDBG-Infrastructure Project/2010 Street Reconstruction Project to
Reconstruct Residential Streets
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 Transportation of the City of Fort Worth and the City Council of the City of Fort
Worth within a period of Two Hundred Ten(210)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$420 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.
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.
' 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
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 inlury,
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
r`
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 of the City of Fort Worth.
8.
Said City agrees and binds itself to pay, 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
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 Thirty Seven Thousand Seven Hundred Dollars and Zero Cents... Dollars,
' ($1,037,700.00).
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 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 23 day of August,A.D.,2011.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
DOU AS W. WIERSIG,P.E
DIRECTOR,DEPARTMENT OF
TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER
ATTEST:
CONTRACTOR
Peachtree Construction,Ltd. r
CITY SECRETARYAceGOQ°c'eapd
(S E A L) PA. Q ', �
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BY: °Q® °Som
PRESIDENT
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APPROVED AS TO FORM AND
5801 Park Vista Circle L IT
Keller, TX 76244
ADDRESS
ASST. CITY ATTORNEY
November 1960
Revised May 1986
Revised September 1992
Revised March 2006
':T. WORTH, TX
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORT11
COUNCIL ACTION: Approved on 8/23/2011
DATE: 8/23/2011 REFERENCE C-25122 LOG
NO.: NAME: 172010STREETRECONSTRUCTION_AWARDBID
CODE: C TYPE: NOW PUBLICCONSENT HEARING:NO
SUBJECT: Authorize Execution of a Contract with Peachtree Construction, Ltd., in an Amount of
$1,037,700.00 from Community Development Block Grant Funds for the 2010 Street
Reconstruction Project to Reconstruct Residential Streets (COUNCIL DISTRICTS 2, 3, 5, 7, 8 and
9)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with Peachtree
Construction, Ltd., in an amount of$1,037,700.00 from Community Development Block Grant funds
for the 2010 Street Reconstruction Project to reconstruct residential streets.
DISCUSSION:
On August 17, 2010, (M&C C-24401) the City Council approved the City's 2010-2011 Action Plan
which included$381,733.00 in Community Development Block Grant(CDBG) funds for the
reconstruction of residential streets in CDBG-eligible areas of the City. On January 25, 2011, (M&C
G-17188) the City Council approved a change in use and expenditure of$638,267.00 of additional
CDBG funds to allow reconstruction of additional streets. On June 14, 2011, (M&C C-24950) the City
Council approved an additional change in use and expenditure of$150,000.00 of additional CDBG
funds to cover the estimated total project budget of$1,170,000.00.
On March 24, 2011 and March 31, 2011, the project was advertised for bid in the Fort Worth Star-
Telegram. On April 21, 2011, the following bids were received:
BIDDERS I AMOUNT
PEACHTREE CONSTRUCTION, LTD. $1,037,700.00
AUSTIN BRIDGE AND ROAD, LP. $1,085.736.00
QUALITY EXCAVATION, LTD. $1,089,015.00
JLB CONTRACTING, LLC $1,139,767.00
C Based on the weighted selection criteria of price, schedule, M/WBE participation, reputation and
experience, Peachtree Construction, Ltd., was determined to offer the best value for the project.
The estimated budget breakdown is:
l�
CONSTRUCTION $1,072,094.73
INSPECTION $ 60,000.00
TPW MATERIAL TESTING $ 14,107.52
ADVERTISING/PRINTING $ 500.00
OUTSIDE MATERIAL TESTING $ _ 23,297.75
TOTAL $1,170,000.00
For the Construction budget, $1,037,700.00 is to be used for the contract with Peachtree
Construction, Ltd., consistent with the amount of the bid The remaining Construction budget balance
is reserved for change orders or additional streets which may be added if funds are available after
http://apps.cfwnet.org/councll_packet/mc_review.asp?ID=1 5214&councildate=8/23/2011 8/24/2011
M&C Review Page 2 of 2
reconstruction of the streets on the attached list. Tasks totaling $97,905.27 for inspections, material
testing and advertising/printing will be completed by the City.
Peachtree Construction, Ltd., is in compliance with the City's M/WBE Ordinance by committing to 11
percent M/WBE participation and documenting good faith effort. Peachtree Construction, Ltd.,
identified several subcontracting opportunities. However, the M/WBEs contacted in the areas
identified did not respond or did not submit the lowest bids. The City's goal on this project is 20
percent.
Staff recommends that Council award a contract in an amount of$1,037,700.00 to Peachtree
Construction, Ltd., for the 2010 Street Reconstruction Project to reconstruct residential streets.
This project is available in all Council Districts, but this M&C affects COUNCIL DISTRICTS 2, 3, 5, 7,
8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 541200 0202069298.90 $74,607.52 GR76 539120 005206929890 $74,607.52
GR76 541200 020206005890 X65,798.76 GR76 541200 005206005890 165,798.76
GR76 541200_020206140_890 $136,890.55 GR76 539120 0052061.40890_ $136,890.55
h
GR76 541200 020206180890 $23,297.75 GR76 539120 005206180890 $23-297.75
GR76 541200 020206270890 $237,672.42 GR76 539120.005206270890 $237,672.42
GR76 541200 020206460650 $381.733.00 GR76 539120 005206460650 $381,733.00
I, GR76 541200 020206350890 $150,000.00 GR76 539120 017206350890 $150,000.00
MSubmitted for City.Manager's_Office by; Susan Alanis(8180)
Or1inating Department Head: Jay Chapa (5804)
.-.+
Additional_Information Contact: Cynthia Garcia (8187)
Charletra Hurt(7536)
ATTACHMENTS
http://apps.cfwnet.org/councll_packet/mc_review.asp?ID=l 5214&councildate=8/23/2011 8/24/2011