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HomeMy WebLinkAboutContract 41763 FoRT 'IRTH CITY SECRETARY CONTRACT NO. SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STREET RECONSTRUCTION,WATER AND SANITARY SEWER REPLACEMENTS FOR COUNCIL DISTRICT4A ARNOLD COURT CLARENCE STREET(EAST) CLARENCE STREET(WEST) BLEVINS STREET , Project Number: 00939 + City Secretary Contract Number: 37697 IN THE CITY OF FORT WORTH,TEXAS Mike Moncrief S. Frank Crumb, P.E. Mayor OFFICIAL RECORD Director, Water Department Dale Fisseler, P.E. CITY SECRETARY William A.Verkest, P.E. City Manager FT.�� � ,� Director, Transportation and 9 Public Works Department Q 2010 Prepared by: Iy".o4TTHEW L ABBE AEC O M USA GROUP, INC. 92715 ,k- TBPE REG. NO. F-3082 1200 Summit Ave., Suite 600 SAL Fort Worth, Texas 76102 F. ' M&C Review Page 1 of 3 r Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT_ rl COUNCIL ACTION: Approved on 3/22/2011 -Ord. No. 19593-03-2011 DATE: 3/22/2011 REFERENCE NO.: "C-24786 LOG NAME: 202007 CCP CONTRACT 4A CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with McClendon Construction Company, Inc., in the Amount of$724,284.16 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Arnold Court, Blevins Street, Clarence Street East and Clarence Street West and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of$724,284.16 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Arnold Court, Blevins Street, Clarence Street East and Clarence Street West; 2. Authorize the transfer of$392,949.20 from the Water and Sewer Fund to the Water Capital Projects Fund in the amount of$196,566.00 and Sewer Capital Projects Fund in the amount of $196,383.20; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$196,566.00 and the Sewer Capital Projects Fund in the amount of$196,383.20 from available funds. DISCUSSION: On March 6, 2007, (M&C G-15621)the City council authorized the sale of$42,325,000.00 in Certificates of Obligation for the purpose of funding part of the Critical Capital Needs Program. That amount included funds for pavement reconstruction for neighborhood streets at various locations. On July 8, 2008, (M&C C-22905)the City Council authorized the City Manager to execute an Engineering Agreement with TCB, Inc., for the redesign of the streets listed below. The design scope includes pavement reconstruction and water and sanitary sewer replacement. The 2007 Critical Capital Projects Fund includes funds for pavement reconstruction for the listed streets in Group A. The Water Department has determined that deteriorated water and sanitary sewer lines should be replaced prior to the street reconstruction. Group A, Council District 4: Arnold Court Goddard Street to Northwest Cul de Sac Blevins Street IlGrapewood Street to Race Street Clarence Street East Marsalis Street to Airport Freeway Clarence Street West Marsalis Street to Airport Freeway mhtml:file://C:\Documents and Settings\mcleron\Local Settings\Temporary Internet Files\O... 5/5/2011 ivtazk, twview Page 2 of 3 The project was advertised for bid on September 2, 2010 and September 9, 2010, in the Fort Worth Star-Telegram On October 21, 2010, the following bids were received: Bidders Bld Amount McClendon Construction CO., Inc. $724,284.16 Conatser Construction TX, LP $751,378.00 JLB Contracting, LP $757,362.23 CPS Civil, LLC $830,374.50 RKM Utility Services, Inc. $858,903.00 Stabile,&Winn, Inc. $870,401.29 Time of Completion: 220 calendar days The new pavement section will consist of 7-inch concrete over 8-inch lime or cement stabilized sub- grade with 7-inch integral concrete curb. Funding in the amount of$38,784.00 is included for associated water and sewer project management, construction survey, material testing, inspection and project close out (water $19,399.00 and sewer$19,385.00). The contingency funds to cover change orders total $16,865.00 (water$8,436.50 and sewer$8,428.50). Funding in the amount of$47,969.00 is required for associated paving and drainage construction survey, project management, pre-construction, material testing, inspection and project close out. The contingency fund for possible change orders for paving and drainage improvements is $19,349.00. McClendon Construction Company, Inc. is in compliance with the City's M/WBE Ordinance by committing to 47 percent M/WBE participation on this combined project. The City's M/WBE goal on this combined project is 23 percent. This project is located in COUNCIL DISTRICT 4, Mapsco 63R and 64P and 64T. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and the adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1"2 P253 476045 60417009397 $196,566.00 3) P253 541200 604170093983 $_168,730.50 2) P253 531350 604170093952 $3,375.00 3)P258 541200 704170093983 $168,569.70 2)P253 531350 604170093980 $1,600.00 3) C295 541200 204400093983 $386.983.96 2) P253 541200 604170093983 $177,167.00 1) PE45 538040 0609020 $196.566.00 2) P253 531200 604170093984 $3,000.00 1) PE45 538040 0709020 $196,383.20 2) P253 531350 604170093984 $1,000.00 2) P253 531350 604170093985 $10,124.00 2)P253 531350 604170093991 $300.00 2) P258 531350 704170093952 $3,371.00 2)P258 531350 704170093980 $1,600.00 2) P258 541200 704170093983 $176,998.20 mhtml:file://C:\Documents and Settings\mcleron\Local Settings\Temporary Internet Files\O... 5/5/2011 M&C Keview Page 3 of 3 2) P258 531200 704170093984 $3,000.00 2) P258- 531350-704170093984 $1.000.00 2) P258 531350 704170093985 $10.114.00 2) P258 531350 704170093991 $300.00 1 P258 476045 7041700939ZZ $196.383.20 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Michael Hasler(2442) Richard Argomaniz (8653) ATTACHMENTS 2007 CCP CONTRACT4A. MAP pdf pdf 202007 CCP CONTRACT 4A AO doc mhtml:file:HC:\Documents and Settings\mcleron\Local Settings\Temporary Internet Files\O... 5/5/2011 CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the day of MAR 2 2 Milk.D., 2010, by and ' between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant County, Denton, Parker, and Wise Counties, Texas, by an through its duly authorized Assistant City Manager, ("Owner"), and McClendon Construction Company, Inc., ("Contractor"). Owner and Contractor may ' be referred to herein individually as a"Party"or collectively as the"Parties." WITNESSETH: That said parties have agreed as follows: ' 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made 1 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: Water and Sanitary Sewer Replacement on Arnold Court Blevins Street Clarence Street East and Clarence Street West 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 Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 220 calendar 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 povided in the General OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$315 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 injury 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, upon the execution of this Contract, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. All bonds furnish hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the Contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the Name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents. 8. The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the foresaid 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&J/a, ' shall be Seven Hundred Twenty-four Thousand Two Hundred Eighty-four and 16...............................................................................................................................Dollars,($724,284.16). 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 8 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 8 counterparts with its corporate seal attached. MAR 2 2 2011 2010 OFFICIAL RECORD Done in Fort Worth,Texas,this the day o ,A.D., . CITY SECRETARY FT. WORTH, TX APP OVAL RECOMMENDED: CITY OF FORT WORTH 6J tj U Douglas W. Wiersig, P.E. Director, Department of Transportation/Public Works FERNANDO COSTA, ASST CITY MANAGER ATTEST: ^ontract Authorization McClendon Construction Company,Inc. Date ' PO Box 996 Burleson,TX 76097 CONTRACTOR CITY SECRETARY (SEAL) foar �p'o°0000p Op%4 "�,�4aVt2, 1BY: 7 . ° d �x DAN McCIEN©ON, PRESIDENT o °°°o°°noo° ,o TITLE 44���x� Ro. EoX 006 APPROVED AS TO FORM AND I BURL`SON, T;; 76097 LEGALITY: ADDRESS AS T. CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX