TO BE CONSIDERED BY THE ClTY COUNCIL ClTY OF

TO BE CONSIDERED BY THE ClTY COUNCIL
ClTY OF KERRVILLE, TEXAS
SUBJECT: Council authorization for the City Manager to execute a contract with
Ramming Paving Company Ltd. for street reconstruction related to the
Asphalt Pavement Maintenance 2009 project in the amount of $1,270,853.45
and allocate $221,460.55 for contingency expenses and additional street
reconstruction.
FOR AGENDA OF: June 9,2009
DATE SUBMITTED: May 29,2009
SUBMITTED BY: Cheri Halford
CIP Manager
CLEARANCES: Charlie Hastings
Director of Public Works
*t
EXHIBITS: Bid Log and Contract
AGENDA MAILED TO:
APPROVED FOR SUBMITTAL BY ClTY MANAGER:
Expenditure
Current Balance
Amount
Account
Required:
in Account:
Budgeted:
Number:
$1,270,853.45
$1,492,314.00
$1,500,000.00
G85
$ 221,460.55
$1,492,314.00
$1,500,000.00
G85
PAYMENT TO BE MADE TO: Ramming Paving Company Ltd.
16409 Bratton Lane
Austin, TX. 7 8 p 8 ,
REVIEWED BY THE FINANCE DIRECTOR:
I
,%
I
SUMMARY STATEMENT
The City of Kerrville budgeted and sold bonds in the amount of $1,500,000.00 for street
reconstruction in FY09. Utilizing the Pavement Management System, a comprehensive list
of failed streets was identified for reconstruction. Failed streets are those that have a
Condition Index (CI) of 69 or below and require total reconstruction of the pavement
including the base. The estimate for the planned construction utilized the full budgeted
amount of $1,500,000.00; however the lowest qualified bidder provided a bid in the amount
$1,270,853.45. This provides remaining funds in the amount of $221,460.55. Public Works
anticipates unforeseen overages that will result in change orders such as utility relocations,
replacement of the signal light looping system at Harper Hwy. and Jackson Road and
additional pavement needed in the downtown area. Upon substantial completion of the
original construction project with the change orders, additional streets could then be added
for reconstruction. Public Works is asking for the remaining $221,460.55 to be available as
contingency funding for these changes and additions.
Sixteen (16) bids were opened and the lowest qualified bidder was Ramming Paving
Company Ltd. The streets to be reconstructed are: Methodist Encampment between SH
27 and Lois Street; Woodlawn AvenueICircle Avenue between SH 27 and Jefferson Street;
Jackson Road between Harper Road and Woodlawn Avenue; Harper Street between
Galbraith Avenue and N. Lewis Avenue; Galbraith Avenue between W. Water Street and
Culberson Avenue; W. Water Street between Jackson Road and Galbraith Avenue;
portions of W. Water Street between Sidney Baker Street and SH 27; Jefferson Street
between Tivy Street and Aransas Street; Washington Street between Water Street and
Jefferson Street; Earl Garrett Street at the intersection of Main Street; Schreiner Street
between Lewis Avenue and Wallace Street. The anticipated addition to the reconstruction
schedule would be Earl Garrett between Water Street and Jefferson. The notice to
proceed will be provided to the contractor on or about June 11, 2009, and construction is
anticipated to last seventy (70) calendar days.
RECOMMENDED ACTION
The Public Works Director recommends that Council authorize the City Manager to
execute a contract with Ramming Paving Company, LTD. in the amount of $1,270,853.45
for the Asphalt Pavement Maintenance 2009 project and authorize the remaining allocated
funds in the amount of $221,460.55 to be used as contingency funding for the project and
additional street reconstruction.
Asphalt Pavement Maintenance Project 2009
-
Bid Opening Date May 20, 2009 3:OOpm
Bid Log
Bidder
Bond Attached
Addendum
Acknowledged
Total Base Bid
Total Additive
Alternate
Total Bid
1 Edmund Jenschke
Yes
No
$1,214,779.90
2 Ramming Paving
Yes
Yes
$1,041,630.20
$229,223.25
$1,270,853.45
3 Clark Construction
Yes
Yes
$1,326,223.37
$324,734.01
$1,650,957.38
4 V K Knowlton Construction
Yes
Yes
$1,090,569.60
$212,005.40
$1,302,575.00
5 Wagner Materials and Construction
Yes
Yes
$1,220,575.00
$238,651.50
$1,459,226.50
6 Double S Paving
Yes
Yes
$1,124,660.97
$213,799.45
$1,338,460.42
$237,276.50
$1,452,056.40
Section 070
CITY OF KERRVI1,LE
CONSTRUCTION CONTRACT
This agreement made this day by and between the City of Kerrville, Texas, called "City," and the
undersigned "Contractor" as follows:
1.
THE WORK
The Contractor shall perform all the work as required by this contract for:
Reconstruction and maintenance of various asphalt st~xetsin existing neighborhoods
throughout Kerrville, Texas, as detailed in Section 090 "Description of Work".
The following are incorporated herein:
a. General Provisions
b. Technical Specifications
c. Addenda issued psior to receipt of Bid
d. Plans
e. Instructions to Bidders
f. Proposal
Some of such documents may not be physically attached hereto but are on file at City I-Iall, and
copies may be obtained upon request.
2.
TIME
Construction substailtial cornpletioi~time will be 70 calendar days and 10 calendar days after for
final completion fiorn the date of written notice to proceed. Working days ase defined in
specification section 123.20. The Contractor's obligations to the project however, are not complete
and retainage will not be released until all disturbed areas within KerrvilIe right-of-way have been revegetated to the satisfaction of the City Engineer.
3.
LIQUIDATED DAMAGES
Liquidated damages are hereby established for work which is not substnntiaIly complete in the
amou~ltof Three Hundred Dollars 1$300.00) per working day for each working day after the date
established in the Notice to l'roceed. The City may offset any such liquidated damages against any
sums fiom time to time due by the City to Contractor.
The completion time assumes that fifteen percent of the working days are "bad weather days," days
on which the work cannot proceed; therefore, the time for completion shall not be extended on
account of bad weather until the said number of assumed "bad weather days" has been exceeded.
The time for completion shall not be extended except by written memorandum executed by the
Contractor and the City Manager. Contractor shall make written application to the City not later than
ten (10) days after the day, event, or cause claimed by Contractor to be a delay. Failure to make such
City of Kcnville - Sln~~dar(f
Specificatio~~s
-
070 I
Cons!~.u'ctior~
Contract n~td13id Form
written claim within such time shall result in a waiver by Contractor of an extension based on those
particular days, events, or causes. If, for example, this contract assumes twenty (20) bad weather
days and Contractor desired a one-day extension for the twenty-first day of rain, Contractor shall
make a written claim not later than ten (1 0) days after the occurrence of such twenty-first day.
The said amount per day is not a penalty but an agreed amount of actual damages which are difficult
to calculate. Such damages include loss of staff time, answering conlplaints by citizens who have
been inconvenienced by the work, City Council time, loss of use, and other damages difficult to
reasonably anticipate or calculate.
4.
PAYMENTS
The City shall pay the Contractor ninety-five percent (95%) of the portion of Contract Sum properly
allocable to labor, materials, and equipment incorporated in the Work and ninety-five percellt (95%)
of the portion of the Contract Sum properly allocable to materiaIs mid equipment suitably stored at
the site or at some other locatio~lagreed upon in writing, less the aggregate of previous payments
made by the City, and, upon substantial completion of the entire Work, a sum sufficient to increase
the total payments to ninety-five percent (95%) of the Contract Sum. All retainages from progress
payments shall be witl~heldwithout liability for interest.. Upon acceptance, the City shall make
payment to Contractor such that one hundred percent (1 00%) of the Contract Sum has been paid.
5.
LIABILITY INDEMNITY
TIiE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
CITY OF KERRVILLE, 'TEXAS, AND ALL OF THEIR RESPECTIVE OFFICERS, AGENTS
AND EMPLOYEES FROM ALL SIJITS, ACTIONS, CLAIMS, DAMAGES, PERSONAL
INJURIES, LOSSES, I'ROPEI1TY DAMAGES, AND EXPENSES OF ANY CHARACTER
WHATSOEVER, INCLUDING A?TORNEY'S FEES BROIJGHT FOR OR ON ACCOUNT OF
ANY INJURIES OF DAMAGES RECEIVED OIi SUSTAINED BY ANY PERSON OR
PROPERTY ON ACCOUNT OF ANY NEGLIGENT ACT OI: TI-IE CONTKACTOR,'TI-IE CITY
OF KBRRVILIZ, TEXAS, OR ANY OF TI-IEIR RESPECTIVE OFFICERS, EMPLOYEES,
AGENTS, REPRESENTATIVES, OR SUBCONTRACTORS IN THE EXECU'TION,
SUPERVISION, AND OPERATIONS GIiOWING OUT OF OR IN ANY WAY CONNECTED
WITH TI-IE PPERFOIUUIANCE OF TI-IIS ACiREEMENT, WHETHER OR NOT THE ACT OR
OMISSION OF THE CITY OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR
AGENTS WAS TI-IE SOLE PROXIMATE CAIJSE OF THE INJURY OR DAMAGE OR A
PROXIMATE CAUSE JOINTLY AND CONCURRENTLY WITH THE NEGLIGENCE OF THE
CONTRACTOR OIi ITS OFFICERS, EMI'LOYEES, AGEN'I'S, CON'1'IUCTORS, OR
SUBCONTRACTORS, IN THE EXECUTION, SUPERVISION AND OPERA'TIONS GROWING
OUT OF OR IN ANY WAY CONNECTED WITI-I THE PERFORMANCE OF THIS
AGREEMENT.
6.
LIABILITY INSURANCE
Prior to the commencement of any work and not later than fifteen (1 5 ) days following the execution
of this contract, the Contractor shall furnish the City copies of paid-up policies (to the City Risk
MatlagerJCity Hall) providing Liability and Workman's Compensation Coverage as follows
minimum limits):
'
'
TYPE OF INSURANCE
a.
IdMITS
Workman's Compei~sationcovering all
employees
Statutoty
b.
Employer's Liability
$100,000.00
c.
Coxnprehensive General Liability
Bodily Injury & Property Damage (per occurrence)
$1,000,000.00
Aggregate
$1,000,000.00
(Premises/Operations Products/Completed Operations/Independetlt
Contractors/Contractual Liabilitylcoverages may not be excluded). XCU must be
supplied if any exposure.
d.
Business Automobile Liability covering owned vehicles, rented and non-owned
vehicles and employee non-ownership
Bodily Injury Properly Damage (per occurrence)
$1,000.000.00
Aggregate
$1,000,000.00
The Commercial General Liability and the Automobile Liability policies shall name the'Citv of
Kerrville. Texas, as additional insured and all policies shall provide for a waiver of subrogation in
favor of the City of Kerrville. The policy and any renewal certificate shall provide that the City be
notified thirty (30) days prior to cancellation or modification ofany coverage. Language to the effect
that the company wilI "Endeavor" or "Attempt" to so notify the City oFKenville is not sufficient.
Reilewal certificates must be received by the City at least ten (10) days prior to any cancellation date.
Policies will be in effect until final acceptance or cancellation of this contract, unless otherwise
specified. The City may, at its sole option, terminate this agreement and file a claim on the
Contractor's bid bond if the Contractor fails to deliver the required policies and certificates within 15
days after execution of this contract.
It shall be the responsibility of the Contractor to insure that all Subcontsactors comply with the same
insurance requirements as the said Contractor.
7.
CASUALTY INSUMNCE
In the event the work includes structures or buildings susceptible to damage by fire, windstorm, or
otller casualty, then the Contractor before being authorized to begin work shall furnish the City a
duplicate original of an insurance policy naming the City of Kesrville as an additionally insured.
Such insurance shall insure both the City of Kerrville and Contractor, during the term of the work,
against loss by fire, windstorm, vandalism, theft, or other casualty. Such policy shall be in the total
amount of this contract.
8.
QUALITY OF WORK
All work shall be of good workmanship. Contractor shall comply with all applicable City of
Kerrville Codes as well as all applicable professional and technical standards. Materials shall be
of fisst quality.
9.
CI-IANGES AND EXTRAS
No cl~angeof this Contract, whether for additional work, additional compensation, or other, shalI
be effective unless prior thereto a written change order has been authorized by the City Engineer.
10.
ADDENDA
Contractor acknowledges the receipt ofthe following addenda:
1.
Dated: -
Acknowledged by:
2.
Dated:
Acknowledged by:
1I .
AWARD OF CONTRACT
The lowest qualified bidder will be awarded the base bid plus any combination of additive
alternates pending availability of funds and City Cou~lcilapproval.
12.
CON'TRACT SUM
Proposal: Contractor agrees to provide all labor, materials, and all incidentals necessary to
complete "The Work" for the following Unit I'rices:
City of Kerrvillc - Slanda~rlSpccificn~io~~s
-
070 4
<:onsfr~~ctio~l
Co~llrncrnad Bid 1:orm
ITEM
NO.
BASE
BID
I
UNIT
TOTAL
AMOUNT
APPROX.
QUANTITY
UNIT
DESCRIPTION OF ITEM
1
LS
Mobilization and Bonds
CY
Mill asphalt and base material
$ 1 4 ~ $116259~
CY
Haul millings to City property at Spur
100 (approximately 14 miles round-trip
from site)
$
1 2 ~$77,342"
Tons
Type 'B' Asphalt Base Course,
complete in place per drawing and
specifications
$
60- $177,540-
Tons
Type 'C' or 'D' Asphalt Surface Course,
complete in place per drawing and
specifications
$
'06
PRICE
$14,UQOI
$
5991238c
6
62
EA
Water Valve Adjustment
7
39
EA
Manhole Adjustment
8
7600
LF
Thermoplastic Pavement Markings
9
1
LS
Barricades, signs, and traffic handling
including traffic control plan
$ 2 ,soo-
10
1
LS
Contingency to be used only as directed
and approved by City Engineer
$10,000
$
075
$
5,700-
TOTAL BASE BID
ADDITIVE
ALTERNATE
II
1407
12
1407
CY
4-inch Mill asphalt and base material
CY
Haul millings to City property at Spur
100 (approximately 14 miles round-trip
from site)
$
4-inch Type 'C' or 'D' Asphalt Surface
Course, complete in place per drawing
and specifications
$
13
2785
Tons
14
1900
LF
Thermoplastic Pavement Markings
15
8
EA
Manhole Adjustment
-
City of Kerrvillc Slantklrd Spccificatio~ts
070 - 5
$
17-
63$lG
24,q74z
s 23,91qc
115,455$2,375-
Construction Contract and Bid
170rni
LS
Barricades, signs, and traffic handling
including traffic control plan
TOTAL ADDITIVE ALTERNATE
TOTAL BID
COMPLETED BY GENERAL CONTRACTOR
J.D. RAMMIFJ~P A V I N ~Lo.
General Contractor Name
Date
General Contractor Representative
Title
Sub-Contractors:
NAME
PI-IONE
ADDRESS
WORK TO BE PERFORMED
(Attach additional sheet if required)
INSURANCE AGENT
NAME
ADDRESS
PHONE
POLICY
PHONE
POLdCY
BONDING AGENT
NAME
ADDRESS
City of Kcnvillc - Slar~dnrdSpccificalions
-
070 6
Construction Conlract and Hid Form
Signed this
Attest:
day of
,2009
--
Secretary
T3Y:
(if bid by a Col.poration
Contractor
Title:
Business Address:
I'hone:
Fax:
ACCEPTED THIS
day of
,2009
By:
Todd Parton, City Manager
City of Kerrville, Texas.
ATTEST:
Brenda G . Craig, City Secretary
APPROVED AS TO FORM:
City Attorney
Cify oPKerrville - Standard Spcciticatio~~s
070 - 7
Cotlslructior~Conlmct and Uid For111