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C HMAC SURFACE OVERLAY (2011-17)'��
AT VARIOUS LOCATIONS CITY SECRETARY
CONTRACT NO.
IN THE CITY OF FORT WORTH, TEXAS
C CITY PROJECT NO: 01788
TPW PROJECT NO:- C293-541200-203620178883
tj 2011
G MIKE MONCRIEF TOM M. ffiGGINS
n MAYOR INTERIM CITY MANAGER
L
DOUGLAS W. WIERSIG, P.E., DIRECTOR
C TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
O ANDY ANDERSON, P.E., ASSISTANT DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
C PREPARED BY
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
L INFRASTRUCTURE GROUP
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORT11
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COUNCIL ACTION: Approved on 10/26/2011 -ordinance No. 19963
DATE: 10/25/2011 REFERENCE NO.: C-25252 LOG NAME: 29HMAC 2011-
19
PUBLIC NO
NON-CONSENT
CODE: C TYPE: HEARING:
SUBJECT: Authorize Execution of Contract with JLB Contracting, LLC, in the Amount of
$1,024,962.00 for Hot Mix Asphaltic Concrete Surface Overlay 2011-19 at Ten Locations
and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3, 6 and 7)
f.
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize transfer of$409,984.80 from the Water and Sewer Fund in the amounts of$245,990.86
to the Water Capital Projects Fund and $163,993.92 to the Sewer Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of$245,990.88 and the Sewer Capital Projects Fund in
the amount of$163,993.92 from available funds; and
3. Authorize execution of a contract with JLB Contracting, LLC, in the amount of$1,024,962.00 for
110 calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2011-19 at ten locations that are
W; listed on the attachments provided.
DISCUSSION:
These Street Overlay Projects are being undertaken in conjunction with a separate contract for
r replacement of water and sewer lines at 10 locations. The Transportation and Public Works and
Water Departments share in these resurfacing costs in lieu of trench repair under the utility contract.
Funding for this Contract is included in the 2011 Contract Street Maintenance Fund ($614,977.20)
and the Water and Sewer Capital Projects Funds ($246,990.88 and $163,993.92 respectively).
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 July 28, 2011 and August 4, 2011, in the Fort Worth Star-
Telegram. On August 18, 2011, the following bids were received:
Bidders Amount
JLB Contracting, LLC $1,024,962.00
Peachtree Construction, Ltd. $1,054,295.00
JLB Contracting, LLC, is in compliance with the City's MIWBE Ordinance by committing to 23 percent
MIWBE participation. The City's goal on this project is 17 percent.
These projects are located in COUNCIL DISTRICTS 3, 6 and 7.
FISCAL I NFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
http://apps.cfwnet.org/council—packet/mc—review.asp?ID=15991&councildate-1012512011 10/27/2011
M&C Review Page 2 of 2
F. current Capital Budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital
Project Fund, and the Contract Street Maintenance Fund.
TO Fund/AccountlCenters FROM Fund/Account/Centers
1
$245,990.88 1.) PE45 538040 0509020 $245 990.88
P253 475045 6031701788ZZ -- .
1) PE45. 538040 0709020 $153,993.92
1� $163,993.92 ....,_. ,.. — , .
P258 475045 7031701788ZZ 3) P253 541200 503170178883 $245,99.0.88
2) P253 541200„ 503170178883 $245,990.88 3).P258 541200 7031701.78883 $163,993-92
2)P258 54'1200 703'170'178883 153 993.92 3).0293 541200. 203520178883 $614,977.20
Sulam iited for City Manager's_Office ley Fernando Costa (8475)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Kristian Sugrim (8902)
ATTACHMENTS
20HMAC 2011-19 AO.doc
20HMAC 201 1-19 MAP PAGE 01. df
20HMAC 2011--19 MAP PAGE 02.pd
20HMAC 2011--19 MAP PAGE 03. df
http:Happs.cfwnet.org lcounc1I_packet/mc_review.asp? D=15991&counci idate=1912512911 10/27/2011
-
CITY OF FORT WORTH-,TEXAS CITY SECRETARY
T
AS CONTRACT CONTRACT A�T N
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This agreement made and entered into this the 25 day of October A.D., 2411, 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 Ith 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, JLB Contracting,
LLC,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:
HMAC Surface Overlay 2011-19
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 (l U) 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 dil' - -E
commencement thereof and to fully complete and finish the same ready for the inspection ado e :: *: !-rt
the Department of i ranspnrtation of the C'ity of Fort worth and the C'ity Crnunc i l � 6 '�0
Worth within a period of One Hundred Ten 114 days. l;
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$420 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 in'u
damaize or death is caused in whole or in part by the ne li ence or alle ed ne li ence o
Owner, its o rcers servants or em to ees. 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 anv such injury or dam azes
caused in whole or in part bv the ne li.pence or alle ed ne li ence oL 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 .---- 'i
performance of the terms and stipulations of the Contract and for the payment to all cl4imants for lotbor.., n 4
and/or materials furnished in the prosecution of the work, such bends being as provide feqditre tti`
Texas Government Code Section 2253, as amended, in the form included in the Con rV J�6W �A�1
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 nla,
shall be One Million Twenly Four Thousand Nine Hundred Sixty Two Dollars and Zero Cents...
Dollars,($1,024,952.00).
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 25 day of October,A.D.,2011
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APPROVAL RECOMMENDED: CITY OF FORT WORTH
ti
DOUGL I W. WIERSIG, P.E.
DIRECTOR, DEPARTMENT OF
TRANSPORTATIONIPUBLIC WORDS FERNANDO COSTA,ASST CITY MANAGER
ATTEST:
CONTRACTOR
JLB Contracting,LLC fy
CITY SECRETARY
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APPROVED AS TO FORM AND
P.0.Box 24131 LEGALI
Fort North, TX 76124 i
ADDRESS
ASST. CITY ATTORNEY
November 1964
Revised May 1986
Revised September 1992
Revised March 2006
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