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FOR
HMAC SURFACE OVERLAY (2011-6)
AT VARIOUS LOCATIONS
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IN THE CITY OF FORT WORTH, TEXAS
CITY PROJECT NO: 01709
TPW PROJECT NO: C293-541200-203620170983
2011
MIKE MONCRIEF TOM M. HI I
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MAYOR INTERIM CITY MANAGER
O 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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CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
IKNOW ALL BY THESE PRESENTS
' COUNTY OF TARRANT
This agreement made and entered into this the 14 day of June 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 I Ph 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, Advanced Paving
Acquisition,Ltd., HEREINAFTER CALLED Contractor.
' WITNESSETH: That said parties have agreed as follows:
1.
iThat 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 2011-6
2.
I That the work herein contemplated shall consist of furnishing as an independent contractor all
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' 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 One Hundred Twenty(120)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$315 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
I 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
IContractor 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..
I 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.
I 7.
I 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
I 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 ofthe City ofFort 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 An/a,
shall be Seven Hundred Ninty Four Thousand Seven Hundred Eighty Nine Dollars and Zero
Cents... Dollars,($794,789.00).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
I sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
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.
I
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 14 day of June,A.D.,2011.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
DOUGL W. WIERSIG P.E.
DIRECTOR, DEPARTMENT OF
TRANSPORTATION/PUBLIC WORKS V'FE NANDO COSTA, ASST CITY MANAGER
ATTEST:
Advanced Paving Acquisition,Ltd.
f2257 Joe Field Road
Dallas,TX 75229
CONTRACTOR
CITY SECRETARY
(SEAL)
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TITLE �1 ;
I
APPROVED AS TO FORM AND
2257 Joe Field Road LEGALITY:
Dallas, TX 75229
ADDRESS
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ASST. CITY ATTORNEY
November 1960
Revised May 1986
Revised September 1992 —agol
Revised March 2006 Contract Authorization
Date
M&C Review Page 1 of 2
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CITY COUNCIL AGENDA FURT �'(lRT
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I
l COUNCIL ACTION: Approved on 6/14/2011
I DATE: 6/14/2011 REFERENCE NO.: **C-24956 LOG NAME: 20HMAC 2011-6
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
l SUBJECT: Authorize Execution of a Contract with Advanced Paving Acquisition, Ltd., in the Amount of
I $794,789.00 for Hot Mix Asphaltic Concrete Surface Overlay 2011-6 at Various Locations
l (COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with
I Advanced Paving Acquisition, Ltd., in the amount of$794,789.00 for 120 calendar days for Hot Mix
Asphaltic Concrete Surface Overlay 2011-6 at various locations that are listed on the attachments
provided.
IDISCUSSION:
The Contract Major Maintenance Program provides for the rehabilitation of deteriorated asphalt and
I concrete streets. For asphalt streets two pavement repair techniques are utilized depending upon the
level of deterioration; mill and overlay, or pulverization of existing surface and base to create a new
base and paving with new asphalt. This contract will perform asphalt rehabilitation on 14 street
I segments. The work in each street segment can be expected to last between 2 to 4 weeks depending
upon length, weather and local working conditions. Funding for the contract is included in the
Contract Street Maintenance Fund.
I The project was advertised for bid in the Fort Worth_Star-Telegram on March 3, 2011 and March 10,
2011. On March 31, 2011, the following bids were received:
Bidders Amount
I Advanced Paving Acquisition, Ltd. $794,789.00
Peachtree Construction, Ltd. $836,420.00
JLB Contracting, LLC $948,364.00
I 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.
Advanced Paving Acquisition, Ltd., is in compliance with the City's M/WBE Ordinance by committing
to 28 percent M/WBE participation. The City's goal on this project is 18 percent.
These projects are located in COUNCIL DISTRICTS 3 and 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Contract Street Maintenance Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
0293.541200.203620170983 $794,7.89.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15227&councildate=6/14/2011 6/15/2011
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
1 Additional Information Contact: Kristian Sugrim (8902)
1
l ATTACHMENTS
I 2011-6 Projects.xls
20HMAC_2011-6=MAP—PAGE_1.pdf
20HMAC_2011-6 MAP PAGE_2.pdf
1 20HMAC_2011-6_MAP_PAGE_3.pdf
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1 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15227&councildate=6/14/2011 6/15/2011