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Contract 41698
F 11M�0/1FI�It C ---.-.-©01lTRAC10R SPECIFICATIONS �p AND C CONTRACT DOCUMENTS -----� FOR C CONCRETE RESTORATION (2011-9) (� AT VARIOUS LOCATIONS l-' CITY SECRETARY 41 o IN THE CITY OF FORT WORTH, TEXASCONTRACT NO. TPW PROJECT NO. GG01-537110-0202002 QNovember 2010 C MIKE MONCRIEF DALE A. FISSELER, P.E. ( MAYOR CITY MANAGER L M WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ANDY ANDERSON, P.E., ASSISTANT DIRECTOR Q TRANSPORTATION AND PUBLIC WORKS DEPARTMENT C PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT L INFRASTRUCTURE GROUP ?346 I l_ M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT WORTH� COUNCIL ACTION: Approved on 3/1/2011 -Ord. No. 19563-03-2011 REFERENCE ** RETE DATE. 3/1/2011 NO.: C-24743 LOG NAME: RESTORATION 2011-9 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract in the Amount of$455,606.00 with Macval Associates, C LLC, for Concrete Restoration 2011-9 at Various Locations and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 5 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$455,606.00 from the Contract Street Maintenance Fund to the General Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $455,606.00 in the General Fund from available funds; and 1 3. Authorize the City Manager to execute a Contract with Macval Associates, LLC., in the amount of. $455,606.00 for 150 calendar days for Concrete Restoration 2011-9 at various locations. DISCUSSION: M&C G-16824 transferred funds from the General Fund to the Contract Street Maintenance Fund for the purpose of tracking annual capital contracts. Since this concrete repair contract is strictly of a maintenance nature, funds are being transferred back to the General Fund. Concrete Restoration 2011-9 provides for the repair and reconstruction of failed concrete pavement at the following three locations: Leming Street from Papurt Drive to North Freeway; Mony Street from Pharr Street to North Freeway; and FAA Boulevard from Amon Carter Boulevard to East City limit. The 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. This project was advertised for bid on November 11, 2010 and November 18, 2010, in the Fort Worth Star Telegram. On December 9, 2010, the following bids were received: BIDDERS AMOUNT Macval Associates, LLC $ 455,606.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1473 7&counci ldate=3/I/201 1 3/24/2011 M&C Review Page 2 of 2 I Ken-do Contracting, LP $ 513,955.00 I Conaster Construction TX LP $ 534,468.00 l Estrada Concrete Co. LLC $ 535,186.00 I 1BRJ Paving, Inc. $ 577,970.80 CPS Civil LLC 11$ 599,934.00 New Star Grading & Paving Company 11$ 605,185.00 1JLB Contracting, LLC $ 617,954.55 O. Trevino Construction, LLC $ 690,054.52 CDake Construction $ 890,248.20 Ed A. Wilson, Inc. $1,029,791.50 Macval Associates, LLC, is in compliance with the City's M/WBE Ordinance by committing to 13 percent M/WBE participation. The City's goal on this project is 13 percent. This project is located in COUNCIL DISTRICTS 2, 5 and 8. FISCAL_INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above C recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1 &_2)GG01.472293 0202002 $455.606.00 1)C293_538070 201629990100 $455.606.00 2)GG01 537110 0202002 $455-606.00.00 3)GG01 537110 0202002 $455 606.00 Submitted for City_Manager's_Office by: Fernando Costa (6122) aOriginating Department Head: William Verkest (7801) Additional Information Contact:_ George Behmanesh (7914) u ATTACHMENTS 2000NCRE_2011-9_MAP_PAGE_01.pdf 2000NCRE_2011-9_MAP_PAGE_02.pdf 2000NCRETE RESTORATION 2011 9 AO.doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14737&councildate=3/1/2011 3/24/2011 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 1 day of March A.D., 20111 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 ' 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, MACVAL ASSOCIATES,LLC,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: CONCRETE RESTORATION 2011-9 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 iM commencement thereof and to fully complete and finish the same ready4 the inspection and approval of arRI 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(150)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$210 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 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 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 cl w4n% r labor I 'r t 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 FOUR HUNDRED FIFTY FIVE THOUSAND SIX HUNDRED SIX DOLLARS AND ' ZERO CENTS...Dollars,($455,606.00). 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 1 day of March,A.D., 2011. i APPROVAL RECOMMENDED: CITY OF FORT WORTH P.E. DIREC DEPA TMENT OF TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER ATTEST: i C) V"J Contract) A1uthor zatioll MACVAL ASSOCIATES,LLC - ' 8500 N STEMMONS FRWY#5060 Date DALLAS,TX 75247 ' CONTRACTOR CITY � �a SEC RETAa�R►)� -Nj ozou bj t in of 0 _ ��YY BY: 004 Va(S E A L) ° O 0 0� o a4a r,000 p �a y TITLE ��tztaoo° $Soo tJ- APPROVED AS TO FORM AND LEGALITY: ADDRESS AS ATTORNEY November 1960 Revised May 1986 Revised September 1992 Revised March 2006 _ i