HomeMy WebLinkAboutContract 45077 �P�;
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Agreement
Page}of*
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| SECTION 00 524Q
2 AGREEMENT
- 3
4 1[8HS AGREEMENT, authorized OCTOBER 22, 2013 is ooudc by and between the City of
5 Forth Worth, m Texas home ro|� municipality, uc�io� hv and through its duly authorized City
� "-.
_ 6 ��uou��� ("Cit�`), and JLB Contractinji, LLC, authorized todo business ioTexas, acting by
7 and through its duly authorized representative,(^^C000notor').
8 City and Contractor, in consideration of the nou1uu| onveuuo1m hereinafter set forth, agree as
� A follows:
|O Am0mYm 8, WORK
=� l| Contractor shall complete all Work as specified nr indicated in the Contract Documents for the
12 Project identified herein.
\] Article%,PROJECT
14 The project fbrwhichdbeVVockundsrtbcCoobmxtDouumnootsmmuybotbmvvho\coroo\yupurtis
15 generally described asfollows:
)6 HMAC SURFACE OVERLAY (2013-16)
17
18 Article 3. CONTRACT TKVIE
\V 3.1 Time ioof the essence.
�
20 All time limits for Milestones, if any, and Final /kuccptuuue as stated in the Contract
21 Documents are ofthe essence to this Contract.
8� 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 |ouo if the Work is not completed within the times specified in Paragraph
29 3.2 above, plus any extension thereof allowed in accordance with A-rticle 12 of the
N� 30 {}eocra| Conditions. The Contractor also recognizes the delays, expense and difficulties
�
31 involved iu proving iou legal proceeding the actual loss suffered 6vthe City if the Work
32 iy not completed on time. Accordingly, instead of requiring any such proof, Contractor
33 agrees that as liquidated dunna8cy for delay (hut not as a penalty), Contractor mhu|| pay
34 City Six Hundred and Fifty Dollars ( 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 Aoccpbanue
.
OFFICIAL, REECORD
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CITY 0F FORT WORTH IMAC Surface Overlay(20|3-\@
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
Revised August|7.zo|z
ar 005243-4
Agreement
Page 4 of 4
AN 117 7.6 Other Provisions.
118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
NIA 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.
�7
122 Contractor shall attach evidence of authority to sign Agreement, if other than duly
123 authorized signatory of the Contractor.
as 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: City of Fort Worth
fdo AS CONTRA rTtkIr I 1 �.
By
Fernando Costa
urk� By; ""�" Assistant City Manager
(Signature)
Date
SaM w �
— Davis Attest:
g� 7e} City Se etary
(Seal) a� FO
Title:
0
Address:
P.O.BOX 24131 M&C C-24 5Z 5
FOMT° ORT11,TX 7612 _ _—_ Date: 1 - 1.
rag a AS
City/State/Zip: Approved as to Form and Legality:
yvt
Date .W-B.lac L jiq t " 1—e,—W7 K
Assistant City Attorney
130
r4 131
132 OVAL RECON1, MENDED:
133 t l
134 �_-`_�✓
135 Daug as W. iersig,P.E.
136 DIRECTO
1.37 Transportation & Public Works
a 138
OFFICIAL RECORID
CITY OF FORT WORTH C'IT'E SECRETARY
1-IMAC surface Overlay(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS . WORT11i,TX 02178
Revised August 17,2012
��iG
0061 13- 1
PERFORMANCE BOND
Page I o(2
Bond No. 6067215
G 1 SECTION 00 61 13
L 2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
L 5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
`L 7 That we, JLB Contracting,LLC , known as "Principal" herein and
8 Westfield Insurance Company ,a corporate surety(sureties, if more than one)
9 duly authorized to do business in the State of Texas,known as "Surety"herein (whether one or
L10 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
r0�,
1 1 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, ONE MILLION,
16 12 THREE HUNDRED THIRTY-SLY THOUSAND SIX HUNDRED SIX DOLLARS AND
13 TWENTY-TWO CENTS ($1,336,606.22) lawful money of the United States, to be paid in Fort
L 14 Worth,Tarrant County, Texas for the payment of which sum well and truly to be made, we bind
r 15 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
L16 firmly by these presents.
L 17 WHEREAS, the Principal has entered into a certain written contract with the City
18 awarded the 22nd day of October,2013 ,which Contract is hereby referred to and made a part
� 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and
if(firrrN
20 other accessories defined by law, in the prosecution of the Work, including any Change Orders,
21 as provided for in said Contract designated as HIVIAC SURFACE OVERLAY (2013-1.6),
22 021.78.
L 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all respects duly and
L25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
26 specifications, and contract documents therein referred to, and as well during any period of
L� 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be
1 n,
28 and become null and void, otherwise to remain in full force and effect.
l
"` 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in
L 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
CITY OF FORT WORTH I[MAC SURFACE OVERLAY(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
P, Revised July 1,2011
L
0061 13-2
PERFORMANCE BOND
Page 2 of 2
Bond No. 6067215
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
1 , 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
r
5 this instrument by duly authorized agents and officers on this the 24t1' day of October,2013.
6 PRINCIPAL:
7 JLB CONTRACTING LLC
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8
( 9
10 BY: ""
I I Signature
12 ATTES
13 Sam Davis
14
1 15 (Prin pal) Secretary Na e a
16
17 _ Address: P.O. Box 24131
18 '" Fort Worth Texas 76124
r 19
21 Wi ss as to Principal
r 22 SURETY:
23 WESTFIELD INSURANCE COMPANY
24 Am
25
�'�
26 BY:
27
7t�6 nati�°�
28
29 Kyle W. Sweeney, Attome,y-m-Fact
30 Name and Title
Illd((iK
31
32 Address: 555 Republic Drive, Suite 450
1 33 Plano Texas 75074
34
35
Tt 36 Witness to Surety Elizabeth Gray's Telephone Number: 972-516-2600
37
38
39
l 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
41 from the by-laws showing that this person has authority to sign such obligation. if
42 Surety's physical address is different from its mailing address, both must be provided.
43 The date of the bond shall not be prior to the date the Contract is awarded.
L
I
CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
Revised July 1,2011
Ui((Ea
IlI,;
�( 0061 l4- 1
PAYMENT BOND
Page I of 2
Bond No. 6067215
l 1 SECTION 00 61 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
1
7 That we, JLB Contracting,LLC known as "Principal" herein,
8 and Westfield Insurance Company a corporate surety
9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein
10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
9 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the
12 penal sum of ONE MILLION, THREE HUNDRED THIRTY-SIX THOUSAND, SIX
A/
13 HUNDRED SIX DOLLARS AND TWENTY-TWO CENTS ($1,336,606.22), lawful money
r
14 of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which
15 sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors
16 and assigns,jointly and severally, firmly by these presents:
;
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded
18 the 22°d day of October, 2013, which Contract is hereby referred to and made a part hereof for
19 all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
21 designated as HMAC SURFACE OVERLAY(2013-16), 02178.
Ilk
M 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
r
25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
26 force and effect.
r
27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
29 accordance with the provisions of said statute.
30
I
L
CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
Revised July 1,2011
L
Jw 0061 14-2
PAYMENT BOND
Page 2of2
Bond No. 6067215
L
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 24th day of October, 2013
3
L
PRINCIPAL:
jLB CONTRACTING, LLC
ATTEST: BY:
Signature
L Sam Davis
(Priw(pal) Secretary Name an?"dent
F
Address: P.O. Box 24131
Fort Worth,Texas 76124
rya °'
Wtn s1skas to Principal
SURETY:
Fro"
L WESTFIELD INSURANCE COMPANY
ATTEST: BY:
Sig
Kyle W. Sweeney, Atp�rriey-in-Fac
L (Surety) Secretary Name and Title /
LV/ Address: 555 Republic Drive, Suite 450
Plano,Texas 75074
6
Witness-�Slto Surety Elizabeth y—
L Telephone Number: 972-516-2600
4
5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
L 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical
7 address is different from its mailing address, both must be provided.
8
L9 The date of the bond shall not be prior to the date the Contract is awarded.
It 10 END OF SECTION
rf
CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
Revised July 1,2011
L
f
0061 19-1
MAINTENANCE BOND
Page I of 3
i
i� Bond No. 6067215,
1 1 SECTION 00 61 1.9
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
J, 7
8 That we JLB Contractinp,,LLC , known as"Principal" herein and
9 WestCeld Insurance Company ,a corporate surety(sureties, if more than one)
10 duly authorized to do business in the State ofTexas,known as"Surety" herein (whether one or
11 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as"City" herein, in the sum of ONE
r
13 MILLION,THREE HUNDRED THIRTY-SIX THOUSAND, SIX HUNDRED SIX
14 DOLLARS AND TWENTY-TWO CENTS $1,336,606.22)lawful money of the United States,
r
15 to be paid in Fort Worth,Tarrant County, Texas, for payment of which sum well and truly be
16 made unto the City and its successors, we bind ourselves, our heirs, executors,administrators,
17 successors and assigns,jointly and severally,firmly by these presents.
18
19 WHEREAS, the Principal has entered into a certain written contract with the City awarded
r;
20 the 22°d day of October,2013 , which Contract is hereby referred to and a made part hereof for
21 all purposes as if fully set forth herein, to furnish all materials,equipment labor and other
L 50 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from
23 a duly authorized Change Order(collectively herein, the"Work")as provided for in said contract
f
24 and designated as HMAC SURFACE OVERLAY (2013-16), 02178; and
"« 25
26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
27 accordance with the plans, specifications and Contract Documents that the Work is and will
28 remain free from defects in materials or workmanship for and during the period of two (2)years
29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and
30
t;
31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon receiving notice from the City of the need thereof at any time within the Maintenance
33 Period.
34
i
CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
Revised July 1,2011
I
f
k
0061 19-2
MAINTENANCE BOND
Page 2 of 3
Bond No. 6067215
1 NOW THEREFORE, the condition of this obligation is such that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City, to a completion
3 satisfactory to the City, then this obligation shall became null and void; otherwise to remain in
4 fu I l force and effect.
f�rr�
5
6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
f 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond; and
r; 10
f
1 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
f
12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
13 Worth Division; and
14
t`
15 PROVIDED FURTHER,that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
fill/
17
18
19
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f
f
Il
1
CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
f Revised July 1,2011
f
006119-3
MAINTENANCE BOND
Page 3 of 3
Bond No. 6067215
I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 24 1h day of October,2013
3
rr 4 PRINCIPAL:
5 JLB CONTRACTING,LLC
6
7
8 BY:
9 Signature
10 ATTUT:
11 Sam Davis
12
kk�
lil/1, 13 L(Prin6ipal)Secretary Name aiiMe
�P
L 14
15 Address: P.O. Box 24131
16 Fort Worth,Texas 76124
17
L 18
19 itn ss s to Principal
20 SURETY:
21 WESTFIELD rNSURANCE COMPANY
22
23
24 BY:
25 ,"signature
26
27 Kyle W. Sweeney, Attorney-in-Fact
L 28 ATTEST: Name and Title
29
30 Address: 555 Republic Drive, Suite 450
31 (Surety) Secretary Plano,Texas 75074
32
33
34 Witness-8 to Surety Elizabeth Gray Telephone Number: 972-516-2600
35
36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
37 from the by-laws showing that this person has authority to sign such obligation. If
38 Surety's physical, address is different from its mailing address, both must be provided.
39 The date of the bond shall not be prior to the date the Contract is awarded.
40
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CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-16)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02178
Revised July 1,2011