HomeMy WebLinkAboutContract 41730 1
CfTY SE';RETAR°'
O RT WORTH CONTRACT
l
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
Paving and Drainage Improvements for
McALISTER ROAD
FROM UNION PACIFIC RAILROAD TO IH-35
CITY PROJECT No. 01078
DOE No. 6467
TPW No. C202-541200-206230107883
FILE No. K-213?
OCTOBER 2010
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayor City Manager
William A. Verkest, P.E.
Director, Transportation and Pubic Works Departrr,ent
S. Frank Crumb, P.c. —
Director, Water Department
OFfFICiAi. RECORD
Richard Zavala CITY 151'(1RE TRY
Director, Parks and Community Services Department WO -,TH' ��X
PREPARED FOR:
The City of Fort Worth
CM" Kimley-Herr
a n ' Associates,Associates, Inc ��� z 7_2 ` `'
TBPE REG #928 �X186&209 7��t
�►•• M A.I.eCL1�iRE ,
98520
4a41'��riS s
C
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORTWORTII
COUNCIL ACTION: Approved on 4/5/2011
DATE: 4/5/2011 REFERENCE NO.: C-24844 LOG NAME: 20MCALISTER-UPR-
IH35W
CODE: C TYPE: CONSENT HEARING:
NO
SUBJECT: Authorize Execution of a Contract with McClendon Construction Company, Inc., in the
Amount of$1,125,078.81 for Pavement and Drainage Improvements for McAlister Road
from Union Pacific Railroad to Interstate Highway 35W(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with
McClendon Construction Company, Inc., in the Amount of$1,125,078.81 for Pavement and Drainage
Improvements for McAlister Road from Union Pacific Railroad to Interstate Highway 35W.
DISCUSSION:
Street Improvements along McAlister Road from its intersection with the southbound frontage road of
Interstate Highway 35W to just west of the Union Pacific Railroad have been planned in order to
address congestion and safety problems. The City's portion of funding for this project will come
through the Community Facilities Agreement(CFA) line item in the 2004 Capital Improvement
Program in conjunction with CFA funding collected from adjacent developers. In as much as that
portion of the improvements west of the railroad are within the city limits of Burleson (1,466 feet), the
City of Burleson has also agreed to contribute funding for the design contingent upon a commitment
from the City of Fort Worth that they will be reimbursed for the design fees if the road is not ultimately
constructed.
On May 9, 2009, the City Council authorized the execution of an Interlocal Agreement(ILA) (M&C C-
23500)with the City of Burleson in the amount of$240,000.00 to lead the design of McAlister Road in
accordance with City of Fort Worth standards and the execution of a design contract with Kimley-
Horn and Associates in the amount $226,000.00 for the design work.
The construction contract was advertised for bid in the Fort Worth Star-Telegram on October 28,
2010 and November 4, 2010. On November 18, 2010, the following bids were received:
Bidder Amount
McClendon Construction $1,125,078.81
Company, Inc.
JLB Contracting, LLC $1,146,473.93
Jackson Construction, Ltd. $1,200,621.00
Conatser Construction TX, LP $1,248,023.70
CPS Civil, LLC $1,250,106.00
The Fain Group, Inc. $1,329,845.40
Stabile &Winn, Inc. $1,342,677.40
Time of completion: 270 calendar days
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.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14827&councildate=4/5/2011 4/20/2011
In addition to the contract cost, funding in the amount of$81,000.00 is included for TPW associated
costs for survey, project management, material testing, field inspection and project close out. The
contingency funds to cover change orders for pavement reconstruction work total $33,752.00.
McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by
committing to 18 percent M/WBE participation. The City's goal on this project is 17 percent.
This project is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the New Development Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C202 541200 206760107883 $1.125.078.81
Submitted for City Manager's Office by- Fernando Costa (6122)
Originating Department Head: Greg Simmons (7862)
Additional Information Contact: Wilma Smith (8785)
ATTACHMENTS
01078MCALISTERMAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14827&councildate=4/5/2011 4/20/2011
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
APR 0 5 2011
This Contract is made and entered into this the day of ,2011, by and
between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton,
Parker, and Wise Counties, Texas, hereinafter referred to as "Owner", by and through Charles
W. Daniels, its duly authorized Assistant City Manager, and McClendon Construction Company,
Inc. ,hereinafter referred to as "Contractor", by and through its duly authorized representative.
' 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:
Pavina & Draina a Improvements for McAlister Road from Pacific Railroad to IH-35
2.
That the Contract Documents shall consist of the written, printed, typed and drawn
instruments which comprise and govern the performance of the work. Said Contract Documents
include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of
award, special provisions, general provisions, work order(s), this Contract, and the payment,
performance, and maintenance bonds. The Contract Documents shall also include any and all
' supplemental agreements approved by the Owner which may be necessary to complete the work
in accordance with the intent of the plans and specifications in an acceptable manner, and shall
also include the additional instruments bound herewith.
3.
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 Contract Documents prepared through the
Transportation & Public Works Department of the City of Fort Worth, which the plans and
specifications of the Contract Documents are hereto attached and made a part of this Contract the
same as if written herein.
4.
The Contractor hereby agrees and binds itself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Dep .of
the City of Fort Worth. � IDFFICIAIa RECORD
CITY S-4 rRETARy
1.''VORTH; TX
5.
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 Engineering of the City of Fort Worth and the City Council of the
City of Fort Worth within a period of 270 Calendar Days from the time commencing said work.
If the Contractor should fail to complete the work as set forth in the Plans, 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, a per day charge of $420 per Working Day as stipulated in these
contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety
shall be liable to the Owner for such deficiency.
6.
' 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 Plans,
Specifications, and 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
iexceed 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.
7.
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
iniury, 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 deemed appropriate, may refuse to accept bids on other City of Fort
Worth public work from a Contractor against whom a claim for damages is ou. s 'a
result of work performed under a City Contract. OFF&C01 AL RECORDI
',;'fit 1"A Y �
8.
Owner 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 Contractor 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 shall
be One Million, One Hundred Twenty-five Thousand, Seventy-eight and
81/100...........................Dollars, ($1,125,078.81).
' 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 Contractor without the written consent of the Owner.
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.
11.
It is mutually agreed and understood that this Contract 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 governing all matters affecting this Contract, and the
Contractor agrees to fully comply with all the provisions of the same.
I
IN WITNESS THEREOF, the parties hereto have made and executed this Contract in
multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas.
Q1"MCML RECORD�
C1 o'Y S' 1.":. 1-T'ARY
WORT!ij, TX
CITY OF FORT WORTH (Co a for Entity Name)
Fernando Costa cClendon Construction Company, Inc.
Assistant City Manager P.O. Box 999
Burleson TX 76097
TITLE
RECOMMENDED: DAN Mr-CLENDON, PRESIDENT
� / 1�
By: (,tJ, (.cJ ATTEST:
Douglas W. Wiersig, P.E.
Director, Department of �
Transportation/Public Works
Marty Hendrix
City Secretary
APPROVED AS TO FORM AND
LEGALITY: LA
Date
AUTHORIZATIONx411; ��R�o
M&C C=a(1,6 11
x
o c
Doug Black Approval Date: 444 oo°ooa0000xA�Ole �a
�'� ��
Assistant City Attorney �j�Q,aQ.p4
OFFICCIAL RVE.ORD
CITY : r:Ch•.F-, .ARY
FT. ' !; TX