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M&C Review http:Happs.cfwnetorg/council—packet/mc review.asp?ID=17369&coua...
Officfaf ste of the Cty of Fort Worth,Texas
CrTy COUNCIL AGENDA
COUNCIL ACTION: Approved on 912512012-ordinance Nos. 20435-09-2012&20436-09-2012
1 REFERENCE _ 20HMAC SURFACE
DATE.• 9 2512012 C 25883 LOG NAME: OVERLAY 2012-19
• C TYPE:E: NON- PUBLIC CONS NT
r.
CODE. Y E NO
HEARING:
SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of
$1,850,178.20 f o r Hot M ix Asphaltic Co ncrete S urface Overlay 2012-19 at M ufti ple Lo catio ns
and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 3, 5 and 9)
RECOMMENDATQN:
It is reconuvwr4ed that the City Court:
1.Authorize the transfer in the amount of$825,089.10 from the Water and Sewer Fund in the amounts
of$412,544.55 to the Water Capital Projects Fund and $412,544.55 to the Sewer Capital Projects
Fund;
2.Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of$412,544.55 and the Sewer Capital Projects Fund in the
amount of$412,544.55 from available funds; and
3.Authorize the execution of a contract with JLB Contracting, LLC, in the amount of$1,650,178.20 for
Hot Mix Asphaltic Concrete Surface Overlay 2012-19 at multiple locations as listed on the attachments
provided.
Ir DISCUSSION:
The Street overlay projects are being undertaken in conjunction with a separate utility contract for
replacement of water and sewer lines. The Transportation and Public Works and Water Departments
share in these resurf aci ng costs in lieu of trench repair under the utility contract.
Transportation and Public Works`share on this contract is in the amount of$825,089.10,which is
available in the 2012 Contract Street Maintenance Fund.
r 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.
This project was advertised for bid on June 28, 2012 and July 5, 2012, in the Fort Worth Star-Teleoram.
Can J udy 27, 2012s the following bids were received:
Bidders Amount
JLB Contracting, LLC $1 s6509178.20
y Peachtree Construction, Ltd. $1,878,798.50
JLB Cortractirg, LLC, is in compliance with the City's M/WBE Ordinance by committing to 16 percent
of 2 9/30/24312 1:543 PM
M&C Review b p://apps.cfwnetorg/councii_packet/n3c review.asp?iD=1.7369&.coun...
r MAME partici aatiorL The City's goal on this profit is 18 percenL
These projects are located in COUNCIL DISTRICTS 3, 5 and 9.
lMg&1N FoRl�il U I�ME RT IFICA ION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Contract Street Maintenance Fund, and upon approval of the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in the
currert capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital
Profits Fund.
To Fund ffi000Centers FR QM Fum*Ac ounMen
F
.
12 54455 1 PE45 538040 0509020 ;412,544 X55
P253 476045 6051701957ZZ 1 PE45 538040 0709020 $412.544-55
' , 412,E 544,.55
P2 8 476045 7 51701967ZZ 3� P253 54'I 200 605170198783 412s 544.55
2) P253 541200 605170196783 $412.544-55 3) P258 5412fl0 705'170196783 $412.544.55
r21 P258 541200 705170196783 $412.544.55 3)0293 541200 205620196783 $825.089.10
r §.Ijbmftd kr na office b : Fernando Costa(8478)
QdgkMft )enrbim Hid: Douglas W. Wiersig (7801)
Kristian Sugrim (8902)
ATTACHMENTS
20HMAC SUREACE OVERLAY 012-19 P s . f
OHMAC SURFACE VERLAY 2012.19 P253 AC12.doc
2OHMAC SLIRFA E OVERLAY 2012-19 P2§8 A012.doc
20HMAC 2012-19 MAP PAGE 1.
2 HMAC 2012-19 MAP PACE 2.pd f
of 2 9/30/2012 1:50 PM
on
005243-1
Agreement
Im Page lo
1 SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on September 25. 2012 is made by and between the City of
5 Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City
6 Manager, ("City"), and JLB Contracting, LLC, authorized to do business in Texas, acting by
7 and through its duly authorized representative,("'Contractor").
8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1.WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2,PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 HMAC SURFACE OVERLAY 2012-191
17 01967
18 Article 3.CONTRACT TIME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within 150 Calendar days after the date
24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General
25 Conditions.
26 3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial loss if the Work is not completed within the times specified in Paragraph
29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
30 General Conditions. The Contractor also recognizes the delays, expense and difficulties
31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
�• 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 City Four Hundred and Twenty Dollars($420.00)for each day that expires after the time
35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
36 Acceptance.
CITY OF FORT WORTH HMAC SURFACE OVERLAY(2012-19)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01%7
Revised May 7,2012
005243-2
Agreement
Page 2 of 4
37 Article 4,CONTRACT PRICE
38 City agrees to pay Contractor for performance of the Work in accordance with the Contract
39 Documents an amount in current funds of ONE MILLION SIB HUNDRED FIFTY
40 THOUSAND ONE HUNDRED SEVENTY EIGHT DOLLARS AND TWENTY CENTS
�• 41 L .
42 Article 5,CONTRACT DOCUMENTS
43 5.1 CONTENTS:
44 A. The Contract Documents which comprise the entire agreement between City and
45 Contractor concerning the Work consist of the following:
46 1. This Agreement.
47 2. Attachments to this Agreement:
48 a. Bid Form
49 1) Proposal Form
50 2) Vendor Compliance to State Law Non-Resident Bidder
51 3) Prequalif cation Statement
52 4) State and Federal documents(project specific)
53 b. Current Prevailing Wage Rate Table
54 c. Insurance ACORD Form(s)
55 d. Payment Bond
56 e. Performance Bond
57 f. Maintenance Bond
58 g. Power of Attorney for the Bonds
59 h. Worker's Compensation Affidavit
60 i. MWBE Commitment Form
61 3. General Conditions.
62 4. Supplementary Conditions.
63 S. Specifications specifically made a part of the Contract Documents by attachment
64 or, if not attached, as incorporated by reference and described in the Table of
65 Contents of the Project's Contract Documents.
66 6. Drawings.
67 7. Addenda.
68 8. Documentation submitted by Contractor prior to Notice of Award.
69 9. The following which may be delivered or issued after the Effective Date of the
70 Agreement and, if issued,become an incorporated part of the Contract Documents:
71 a. Notice to Proceed.
72 b. Field Orders.
73 c. Change Orders.
74 d. Letter of Final Acceptance.
75
CITY OF FORT WORTH 14MAC SURFACE OVERLAY(2012-19)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01967
Revised May 7,2012
pa
005243-3
Agreement
on Page 3 of 4
76 Article 6,INDEMNIFICATION
77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
78 expense, the city, its officers, servants and employees, from and against any and all
79 claims arising out of, or alleged to arise out of, the work and services to be performed
80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
81 under this contract. This indemnification rovision is s ecificaliv intended to oiDerate
82 and be effective even if it is alleized or proven_that all or.some of the damages lein�
83 sought were caused in whole or in art by any act.omission or neQliaence of the city.
84 This indemnity provision is intended to include, without limitation, indemnity for
85 costs,expenses and legal fees incurred by the city in defending against such claims and
86 causes of actions.
87
88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
89 the city,its officers,servants and employees,from and against any and all loss,damage
90 or destruction of property of the city,arising out of,or alleged to arise out of,the work
91 and services to be performed by the contractor, its officers, agents, employees,
92 subcontractors, licensees or invitees under this contract. This indemnification
93 provision is syecif cally intended to operate and be effective even if it is alleged or
94 proven that all or some of the damages beine sou ht were caused,in whole or in part,
95 by anv act,omission or neel zence of the city.
96
97 Article 7. MISCELLANEOUS
�. 98 7.1 Terms.
99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
100 have the meanings indicated in the General Conditions.
101 7.2 Assignment of Contract.
102 This Agreement, including all of the Contract Documents may not be assigned by the
103 Contractor without the advanced express written consent of the City.
104 7.3 Successors and Assigns.
105 City and Contractor each binds itself, its partners, successors, assigns and legal
106 representatives to the other party hereto, in respect to all covenants, agreements and
107 obligations contained in the Contract Documents.
In 7.4 Severability.
109 Any provision or part of the Contract Documents held to be unconstitutional, void or
110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
111 remaining provisions shall continue to be valid and binding upon CITY and
112 CONTRACTOR.
113 7.5 Governing Law and Venue.
114 This Agreement, including all of the Contract Documents is performable in the State of
�. 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
116 Northern District of Texas,Fort North Division.
CITY OF FORT WORTH HMAC SURFACE OVERLAY(2012-19)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01967
Revised May 7,2012
No
005243-4
Agreement
on Page 4 of 4
117 7.6 Other Provisions.
*� 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
119 classified, promulgated and set out by the City, a copy of which is attached hereto and
120 made a part hereof the same as if it were copied verbatim herein.
121 7.7 Authority to Sign.
122 Contractor shall attach evidence of authority to sign Agreement, if other than duly
.. 123 authorized signatory of the Contractor.
124
125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
�
126 counterparts.
127
128 This Agreement is effective as of the last date signed by the Parties("Effective Date").
*„ 129
Contractor: ALB CONTRACTING, LLC City of F th
(A
B :
Fern do Costa /y
B .� Assistant City Manager
(Signature)
Date
-Jamest'i. F iumphrey Attest:
(FtL:46 Mary yser, gq'dE4����Qn
City e t81y •O� `op000�r as
(Seal) p���°o
+•� Title: p a° o'�
6 ox
Address: o a 0
Mac C,-zSB�-3 � °°0oao0°°�a0
P.O.BOX 24131 Date: /12 ��AS ,ocr
FORT WORTH,TX 7e124 1 titlbo��'°'
City/State/Zip: Approved as to Form and Legality:
.h^; UkAj�u Af-)c
� Date Douglas W. Black
Assistant City Attorney
130
131
132 APPROVAL RECOMMENDED:
133
134 OFFICIAL RECORD I &J" �
135
136 C 911CRETAW Douglas I.Wiersig,P.E.
137 "a Woump TX DIREC OR138 Transportation and Public Works
139
w CITY OF FORT WORTH HMAC SURFACE OVERLAY(2012-19)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01967
Revised May 7,2012
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