HomeMy WebLinkAboutContract 42144 rYYECR
� ET
�,�,� t�Corrnl�
ONTRACT NO. COMM
FORT WORTH To" C.
�cm aEcaUAW
(� -- C"VA WE"0FF=
SPECIFICATIONS AND CONTRACT DOCUME17MT#W-FUCOPY
FOR --
C
Paving Improvements for
RYAN PLACE NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM
Q
CITY PROJECT No. 01452
DOE No. 6627
MAY 2011
Michael J. Moncrief Tom Higgins
Mayor Acting City Manager
S. Frank Crumb, P.E.
Director, Water Department
Richard Zavala
Director, Parks and Community Services Department
PREPARED FOR: +'' N.
The City of Fort Worth b x
Kimley-Horn
C and Associates Inc.
TBPE REG #92&
� pyo
OFFICIAL RECORDI
CITY SECRETARY
l FT. WORTHp TX 3- 9- : �2 1
L
'k
CITY OF FORT WORTH TEXAS
CONTRACT
s
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This agreement made and entered into this the 19 day of July 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 l la'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, McClendon
Construction Company,Inc.,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:
Ryan Place Neighborhood Traffic Management Program
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 herebyagrees gr ees an d 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 Two Hundred (200)days.
i
I,
i
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 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
' 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, 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
and/or materials furnished in the prosecution of the work, such bonds being as provided and required in
E. 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 One Hundred Eighty Three Thousand Five Hundred Ten Dollars and Zero Cents Dollars,
($183,510.00).
' 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 19 day of July,A.D., 2011.
I
PPROVAL RECOMMENDED: CITY OF FORT WORTH
L L).
DOUGL W. WIERSIG, P.E. �J
Pr DIRECTOR,DEPARTMENT OF 7�i
TRANSPORTATION/PUBLIC WORKS FE
RNANDO COSTA,ASST CITY MANAGER
ATTEST:
CONTRACTOR
' McClendon Construction Company,Inc �Q
CITY SECRETARY
q. °aoct�o
Goo
(SEAL)
[J�U qM
iY1
°0°°°°°°
DAN McCLENDON PRESI!}ENT � ® ad
TITLE
140
APPROVED AS TO FORM AND
P.O.Box 996 LEGALITY-
Burleson. TX 76097
ADDRESS
ASST. CITY ATTORNEY
November 1960
Revised May 1986
Revised September 1992
Revised March 2006 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FORT' outs
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 7/19/2011
REFERENCE ** 20RYANPLACENTMP-
DATE: 7/19/2011 NO : C-25019 LOG NAME: CONSTRUCTION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Construction Contract in the Amount of$183,510.00 with
McClendon Construction Company, Inc., for Implementation of Traffic Calming Devices
Including Pavement and Drainage Improvements in the Ryan Place Neighborhood
(COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a construction
contract with McClendon Construction Company, Inc., in the amount of$183,510.00 for the
construction of Traffic Calming Devices including pavement and drainage improvements in the Ryan
Place Neighborhood.
_DISCUSSION:
The purpose of this M&C is to authorize the award of a construction contract to McClendon
Construction Company, Inc., in the amount of$183,510.00 for the Ryan Place Neighborhood Traffic
Management Program paving and drainage improvements. The improvements include the
construction of three traffic circles on Elizabeth Boulevard and intersection realignment at two
locations: James Avenue at Cleburne Road and 5th Avenue at Ryan Place Drive. The neighborhood
association developed the concept and approved the plan which will be implemented with this
contract.
Funding for this project is included in the 2004 Capital Improvement Program. This project was
previously let for bidding with two bids received on March 24, 2011 but prices were not competitive
with the engineer's estimate and both were rejected. City Council approved re-advertising the project
on May 3, 2011 (M&C C24887).
The request for competitive sealed proposals was advertised on May 5, 2011 and May 12, 2011 in
the Fort Worth Star Telegram. Three firms submitted proposals with all the required Post Bid-Pre
Award Documents. The following proposals were submitted for the project:
f Bidder Amount
L McClendon Construction Company, Inc. $183,510.00
Northstar Construction, Inc. $238,668.00
Ed. A. Wilson Inc. $269,632.00
Based on the received bids, staff recommends to award this contract to McClendon Construction
Company, Inc.
l McClendon Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by
committing to 22 percent M/WBE participation. The City's goal for this project is 17 percent.
Construction is anticipated to commence in September 2011 and be completed in December 2011.
Ryan Place Neighborhood is located in COUNCIL DISTRICT 9.
7/20/201 1
http://apps.cfwnet.org/council_packet/mc_rev1ew.asp?ID=15429&councildate=7/19/2011
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Street Improvement Fund.
t TO F_u_n_d/Acco_unt/Centers FROM_Fund/Account/Centers
C200.5412.00 209390145283 $1835.1__0.00
r
1 .
Submitted for C ty__Manager's Office by: Fernando Costa (6122)
Ori inating Depadment_Head: Doug Wiersig (7801
CAdditional Information Contact: Randy Burkett(8774)
El
ATTACHMENTS
C
C
http://apps.cfwnet.org/council packet/mc review.asp?ID=15429&councildate=7/19/2011 7/20/2011