HomeMy WebLinkAboutContract 45104 f'
1.
C0YSE-(",,,'6ETARY
FORTWORTH
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ICI @^ PNN
C0NMACMn, ,,q0WNG, CO.
r MANUAL,
� E, THE CONSTRUCTION OF
2011 INTERSECTION IMPROVEMENTS — PHASE 2
FIF"
City Project No.01856
Betsy Price Tom. Higgins
Mayor Interim City Manager
.Douglas W. Wiersig, P.E.
Fir", Director, Transportation and Public Works :Department.
Prepared for
The t
e C y of Fort Worth
j' Transportation and Public Works
Infrastructure Design and Construction Group
2013
Halff Associates Inc.
4000 Fossil Creek Boulevard C1i7 "III FI'
o� � "" " Y
Fort Worth Texas 76;137 l ACC«�%�
a i al 17"X
f '�w r'wst� Firm Registration No. 312 " ° ,
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M&C Review Page 1 of 2
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CITY COUNCIL AGENDA FORTW'OR"ffJ
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COUNCIL ACTION: Approved on 10/29/2013
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DATE: 10/29/2013 REFERENCE NO..: **C-26532 LOG NAME: 202011 INT, IMP.
PHASE 2
�yy CODE: C PUBLIC
TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Construction Contract with McClendon Construction Company,
Inc., in the Amount of$368,556.50 for Paving, ADA Ramps and Traffic Signal
Improvements at Two Intersections, North Beach Street at Western Center Boulevard and
South Hulen Street at Granbury Road and Provide for Project Costs and Contingencies for
a Project Total in the Amount of$504,362.00 (COUNCIL DISTRICTS 4 and 6)
UndIVM1 lM 4M1,Miry 1„71-10101111'LMhI ti//l'�l.' .:, ,...
A N AI!% /NY MYG//�MIG Atl'JNI'.Rh.11m�fl Y/...'O///dR f R/// Adb/iL.R'd P ,.giil KU'; D➢mL' fID,FUit../. IW1NUId lmll f/ ,..4.WIIiU ...✓OON/r
RECOMMENDATION:
r It is recommended that the City Council authorize the execution of a construction contract with
McClendon Construction Company, Inc., in the amount of$368,556.50 for paving, ADA ramps and
traffic signal improvements at two intersections, North Beach Street at Western Center Boulevard and
i
South Hulen Street at Granbury Road.
DISCUSSION:
P These projects were evaluated using the Intersection Improvements Criteria developed in 2004 to
select locations where improvements are needed. rhe criteria are based on traffic congestion,
vehicular delays, accident history and pedestrian access. These improvements include building an
additional left turn lane with traffic signal modifications on North Beach Street at Western Center
try Boulevard and an additional left turn lane with signal modification with audible pedestrian signals,
ADA ramps and sidewalks on South Hulen Street at Granbury Road.
Funding for this project is included in the 2008 Capital Improvement Program. The contract was
advertised for bids in the Fort Worth Star-Telegram on August 22, 2013 and August 29, 2013. The
following bids were received on September 19, 2013:
BIDDER AMOUNT
McClendon Construction Company, Inc. $368,556.5
The Fain Group, Inc. 11$422,968.87
M/WBE Office - McClendon Construction Company, Inc., is in compliance with the City's BDE
Ordinance by committing to 10 percent MBE participation on this project. The City's MBE goal for this
project is nine percent.
Construction will begin January 2, 2014 with a duration of 180 calendar days estimating a completion
date of July 2, 2014.
These projects are located in COUNCIL DISTRICTS 4 and 6, Mapsco 36W and 89W.
I� FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
http: //apps . cfwnet .org/council_pacl<et/mc_review. asp?ID=l. . . 11/6/2013
M&C Review Page 2 of 2
fund, as appropriated, in the Street Improvements 2008 Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
0204 541200 201390185683 X368,556.50
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Lissette Acevedo (2722)
ATTACHMENTS
01856 BEACHatWESTER CNTR HUL_atGRANB.pdf
TV
u�
http ://apps . cfwnet . org/council_packet/mc_review. asp?ID=1. . . 11/6/2013
I
005243-1
Agreement
Page I of 4
SECTION 00 52 43
P11 AGREEMENT
THIS AGREEMENT, authorized on 0 CI_.2 9 013 made by and between the City of Fort
Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
("City"), and McClendon Construction Company, Inc., authorized to do business in Texas,
acting by and through its duly authorized representative, ("Contractor").
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
i;
follows:
Article 1. WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
Article 2. PROJECT
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
linpr troenjents,—111base 2: North Bench„ 1 at Ff'esterrt Center Blvel
it
Project , 0 .
Article 3. CONTRACT TIME
3.1 Time is of the essence.
All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
Documents are of the essence to this Contract.
3.2 Final Acceptance.
The Work will be complete for Final Acceptance within 180 days after the date when the
Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
3.3 Liquidated damages
Contractor recognizes that time is of the essence of this Agreement and that City will
suffer financial loss if the Work is not completed within the times specified in Paragraph
V
3,2 above, plus any extension thereof allowed in accordance with Article 12 of the
General Conditions. The Contractor also recognizes die delays, expense and difficulties
involved in proving in a legal proceeding the actual loss suffered by the City if the Work
is not completed on time. Accordingly, instead of requiring any such proof, Contractor
agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
City Two Hundred Forty Dollars ($2.40) for each day that expires after the time
specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
' Acceptance.
IF try
CITY OF FORT WORTH uShort_Project_Name)>
1f STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS � � � � City Project 4 01856
RECORD
Revised August 17,2012 V( FF ` ' L
C)' ,f SECRETARY
r WORTH, 'rX
00 52 43-2
Agreement
ADS Page 2 otA
Article 4. CONTRACT PRICE
City agrees to pay Contractor for performance of the Work in accordance with the Contract
1 Documents an amount in current funds of Three Hundred Sixty-Eight Thousand Five
Hundred Fifty-six and Fifty Cents ................................Dollars($368,556.50).
Article 5.CONTRACT DOCUMENTS
5.1 CONTENTS:
A.The Contract Documents which comprise the entire agreement between City and
Contractor concerning the Work consist of the following:
1. This Agreement.
2. Attachments to this Agreement:
a. Bid Form
1) Proposal Form
�WW 2) Vendor Compliance to State Law Non-Resident Bidder
J 3) Prequalification Statement
4) State and Federal documents(project specie)
b. Current Prevailing Wage Rate Table
c. Insurance ACORD Form(s)
d. Payment Bond
e. Performance Bond
f. Maintenance Bond
,r%
g. Power of Attorney for the Bonds
It. Worker's Compensation Affidavit
i. MBE and/or SBE Commitment Form
3. General Conditions.
4. Supplementary Conditions.
5. Specifications specifically made a part of the Contract Documents by attachment
or, if not attached, as incorporated by reference and described in the Table of
Contents of the Project's Contract Documents.
�t 6. Drawings.
7. Addenda.
8. Documentation submitted by Contractor prior to Notice of Award.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and, if issued, become an incorporated part of the Contract Documents:
a. Notice to Proceed.
f b. Field Orders.
c. Change Orders.
d. Letter of Final Acceptance.
fi
CITY OF FORT WORTH ((Short Project_Name»RECORD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 4 01856
Revised August 17,2012 crrr SECREIMRY
1 005243-4
Agreement
Page 4 of 4
7.6 Other Provisions.
The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
classified, promulgated and set out by the City, a copy of which is attached hereto and
made a part hereof the same as if it were copied verbatim herein.
7.7 Authority to Sign.
Contractor shall attach evidence of authority to sign Agreement, if other than duly
authorized signatory of the Contractor.
IN WI17NESS WHEREOF, City and Contractor have executed this Agreement in multiple
iy counterparts.
This Agreement is effective as of the last date signed by the Parties("Effective Date").
Contractor: City of Fort Worth
IT
BY:
By: ,� — Assistant City Manager
(St gl ,
Date if a
µ •
__. ._ Attest: m
(Printed Name) City &cre �.
(Seal)
p
Title: �.
Address: PO Box 999 j
M&C_. _ . - � %Z Z
a
f
Date: AS
City/State/Zip:Burleson, TX 76097 Approved as to Form and Legality:
r
Date NA .m�. te VYN �w .
Assistant City Attorney
APPROVAL RECOMMENDED:
W. �J
DIREC
i
CITY OF FORT WORTH aShort Project_Name»
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS OFFICIAL RECORD ' City Project H 01856
Revised August u,2012 c(r'tir ,5ECRE T 1 °Y
11....M.
0061 13-
PERFORMANCE BOND
Page I of 2
A.-
SECTION 00 61 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
7 5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, McClendon Construction Company, Inc., known as"Principal" herein and
t 9 Merchants Bonding,Company, a corporate surety(sureties, if more than one) duly authorized to
10 do business in the State of Texas, known as "Surety" herein (whether one or more), are held and
11 firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of
f
12 Texas, known as"City"herein, in the penal sum of, Three Hundred Sixjy-Eight Thousand Five
13 Hundred Fifty-Six Dollars and Fifty Cents ($368,556.50), lawful money of the United States, to
14 be paid in :Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be
15 made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and
9i
16 severally, firmly by these presents.
17 WHEREAS, the Principal has entered into a certain written contract with the City
18 awarded the day of OCT 2 9 2013 , 2013, which Contract is hereby referred to and
19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment
20 labor and other accessories defined by law, in the prosecution of the Work, including any Change
21 Orders, as provided for in said Contract designated as FY 2011 Intersection Improvements—
) 1
22 Phase 2, 01856.
23 NOW,THEREFORE, the condition of this obligation is such that if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all respects duly and
>
25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
26 specifications, and contract documents therein referred to, and as well during any period of
27 extension of the Contract that may be granted on the part of the City, then this obligation shall be
28 and become null and void,otherwise to remain in full force and effect.
29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
ays 31 Worth Division.
CITY OF FORT WORTH FY 2011 INTERSECTION IMPROVEMENTS—PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01856
Revised July 1,2011
p
syyyyN
j 00 61 13-2
PERFORMANCE BOND
Page 2 of 2
I This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the OCT 2 9 2113 day of
rays 6 , 2 013.
7 PRINCIPAL:
8 McClendon-Construction Company. Inc.
f 9
10
I 1 BY:
12 V Signature
13 TE :T
14
ecs
15� � � �� Dan McClendon President
16 �incip a S �'N Name and Title
17
18 Address:
19 P.D. Box 999
,.. 20 Burleson Texas 76097
21
22 Witness as to Principal
23 SURETY:
24 Merch4, is Bondin Co, an _
25
� 26 BY: °'g Sr n
at
28 "1 G
29 Attorney-in-fact
30 Name and Title
31
32 Address:
33 2100 Fleur Drive
34 Des Moines Iowa 50321
35
36 Wimess as to Surety Telephone Number: (214)613-1 1 16
37
'
38
39
40 *Note: If signed by an officer of the Surety Company, there must be oil file a certified extract
41 from the by-laws showing that this person has authority to sign such obligation. If
42 Surety's physical address is different from its mailing address, both must be provided.
43 The date of the bond shall not be prior to the date the Contract is awarded.
Ins
44
R
CITY OF FORT WORTH FY 2011 INTERSECTION IMPROVEMENTS - PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01856
Revised July 1,2011
f
j
i
0061 14 - 1
PAYMENT BOND
Page I of2
1 SECTION 00 61, 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
1 5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, McClendon Construction Company, Inc., known as "Principal" herein, and
9 Merchants Bonding Compaq, a corporate surety (sureties), duly authorized to do business in the
10 State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto
11 the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas,
12 known as "City" herein, in the penal sum of Three Hundred Sixty_E >1-it Thousand Five Hundred
13 Fifty-Six Dollars and Fift -Cents ($368,556.50) lawful money of the United States, to be paid in
14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we
15 bind ourselves, our heirs, execaltors, administrators, successors and assigns,jointly and severally,
16 firmly by these presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
18 day of OCT 2 9 2013 2013, which Contract is hereby referred to and made a
19 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor
20 and other accessories as defined by law, in the prosecution of the Work as provided for in said
PIP 21 Contract and designated as FY 2011 Intersection Improvements—Phase 2, 01856,
22 NOW, THEREFORE, THE CONDITION OF THIS OBI,IGATION is such that if
23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
26 force and effect.
�yy�y
27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
29 accordance with the provisions of said statute.
30
CITY OF FORT WORT11 FY 201 11NTERSECTfON IMPROVEMENTS
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01856
Revised July 1,2011
0061 14-2
PAYMENT BOND
J Page 2 or'2
i
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the day of
OCT 2 9 2013 2013.
4
PRINCIPAL:
McClendon Construction Cogrpany,_Inc.
r : ATTEST: BY:
i
y�r _ Dan McClendon..President
( incral) cr�, q Name and Title
� Address:
P.O. Box 999
Burleson, Texas 76097
Witness as to Principal
i SURETY:
Mercha s Bon'ing Corr )an
ATT'EST': BY:
WPM
S I n 44...
re
ZTr
_ Attorney-.in-fact
(Surety) Seere+m-�, W,'4yV,5, Name and Title
1: Address:
2100 Fleur Drive
Des Moines, Iowa 50321
Witness as to Surety
Telephone Number: (21 Al-613-1 1 16
5
imp 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
8 address is different from its mailing address, both must be provided.
9
r 10 The date of the bond shat I not be prior to the date the Contract is awarded.
1 1 END OF SECTION
12
n�rr
CITY OF FOR`1 WORT'FI FY 2011 INTERSECTION IMPROVEMENTS
STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS 01856
Revised July I,2011
0061 19- 1
MAINTENANCE BOND
Page 1 of.3
I SECTION 00 61 19
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRA.NT §
7
8 That we McClendon Construction Co�,any, lnc., known as "Principal" herein and
9 Merchants Bonding Company, a corporate surety (sureties, if more than one) duly authorized to
10 do business in the State of Texas, known as "Surety" herein (whether one or more), are held and
11 firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of
�5 12 the State of Texas, known as"City" herein, in the sum of Three Hundred Sixty-Eight Thousand
13 Five Hundred Fifty-Six Dollars and Fifty Cents($368,556.50), lawful money of the United
1 14 States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly
15 be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators,
16 successors and assigns,jointly and severally, firmly by these presents.
17
18 WHEREAS,the Principal has entered into a certain written contract with the City awarded
19 the day of CCY 2 9 209 , 2013, which Contract is hereby
20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
21 materials, equipment Labor and other accessories as defined by law, in the prosecution of the
22 Work, including any Work resulting from a duly authorized Change Order(collectively herein,
23 the "Work") as provided for in said contract and designated as FY 2011 Intersection
24 Improvements—Phase 2, 01856; and
25
26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
P 27 accordance with the plans, specifications and Contract Documents that the Work is and will
28 remain free from defects in materials or workmanship for and during the period of two (2) years
29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
30
31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon receiving notice frorn the City of the need therefor at any time within the Maintenance
33 Period,
34
CITY OF FORT WORTH FY 2011 INTERSECTION IMPROVEMENTS—PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01856
Revised July 1.2011
?>5
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1 NOW THEREFORE, the condition of this obligation is such that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City, to a completion
h
3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
4 full force and effect.
t�s
5
6 PROVIDED, HOWEVER, if.Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the.Principal and
9 the Surety under this Maintenance bond; and
10
�� 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, .Fort
oar 13 Worth Division; and
- 14
15 PROVIDED FURTHER,that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
VIM
17
18
'2» 19
�i
o
CITY OF FORT WORTH FY 2011 INTERSECTION IMPROVEMENTS—PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01856
Revised July I,2011
0061 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the day of orl 2 9 2013
3 2013..
i 4
5 PRINCIPAL:
6 McClen Construction Company, Inc._
7
8
9 BY
10 Signature
11 A T�
13 � �� Dan McClendon President
14 ( rinci Sary Name and Title
15
16 Address:
17 P.O. Box 999
18 Burleson Texas 76097
19
20 Wimess as to Principal
i ' 21 SURETY:
22 Merchants Bonding Company
23
24 �
25 BY:
26 Signatu
28 , AttorneyiRnEF c.t,
29 ATTEST- Name and Title
30
�Y 37 - Address:
32 (Surety) " ,Mug 2100 Fleur Drive
33 �. Des Moines Iowa 50321
34 �
35 Witness as to Surety Telephone Number: (214)613-11 16
36
37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
38 from the by-laws showing that this person has authority to sign such obligation. if
39 Surety's physical address is different from its mailing address, both must be provided.
40 The date of the bond shall not be prior to the date the Contract is awarded.
41
3�
CITY OF FORT WORTH FY 2011 INTERSECTION IMPROVEMENTS—PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01856
Revised July I,,2011