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CONTRACT Na.
FORTWORTH
CONTRACT DOCUMENTS
FOR
TAXIWAY, ROADWAY AND LIGHTING IMPROVEMENTS
at
SPINKS AIRPORT
CITY PROJECT No. 01317
Aviation FAC No. P240-539120-558820131780
J
January 2011
Michael J. Moncrief Dale A. Fisseler, P.E.
Mayor City Manager
Kent Penney, AACP
Director, Aviation Department
,; s
CITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
( KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the day of , 2011, by and between
the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker,
and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"),
and Jay Mills Contracting, Inc., ("Contractor"). Owner and Contractor may be referred to herein
individually as a"Party" or collectively as the "Parties."
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:
FOR: Spinks Taxiway, Roadway and Lighting Improvements
That the work herein contemplated shall consist of the Contractor 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 or on behalf of the City of Fort Worth for the Aviation 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 itself to commence the construction of said work
within ten (10)days after being notified in writing to do so by the Aviation Department 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 Aviation Department of the City of Fort Worth and City Council of the City of Fort
- Worth within a period of 120 calendar days.
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$315 per working day, not as a penalty but as liquidated damages,
the Contractor and its 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 manner as it may deem
proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or
prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its
Surety shall pay Owner 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 the Owner, Owner'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 deemed 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 of Fort Worth contract.
6/17/09 C-2
7.
The Contractor agrees, upon the execution of this Contract, and before beginning work,
to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of
Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein
provided and the surety must first be acceptable to the City of Fort Worth. All bonds furnished
hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as
amended.
A. If the total contract price is$25,000 or less, payment to the contractor shall be
made in one lump sum. Payment shall not be made for a period of 45 calendar days from the
date the work has been completed and accepted by the Owner.
B. If the contract amount is in excess of$25,000, a Payment Bond shall be
executed, in the amount of the Contract, solely for the protection of all claimants supplying labor
and material in the prosecution of the work.
C. If the Contract amount is in excess of$100,000, a Performance Bond shall be
executed, in the amount of the Contract conditioned on the faithful performance of the work in
accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be
for the protection of the Owner.
D. A Two-year Maintenance Bond in the name of the Owner is required for all
projects to insure the prompt, full and faithful performance of the general guarantee contained in
the Contract Documents.
Eli 8.
The Owner agrees and binds itself to pay, and the 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 Slx hundred fifty-five thousand, eight hundred twenty-three dollars and fifty cents Dollars,
($655.823.50).
9.
' It is further agreed that the performance of this Contract, whether in whole or in part, shall
not be sublet or assigned to anyone else by said Contractor without the written consent of the
Owner. Any request for any sublease or assignment shall be made in writing and submitted to
the Director of the Aviation Department.
10.
i
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 Contract is made and entered into by the
Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth
6/17/09 C-3
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
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 one counterparts with its corporate seal
attached.
Done in Fort Worth, Texas, this the day of A.D., 20_U
APPROVAL RECOMMENDED:
CITY OF FORT WORTH
DIRECTOR, A IATION DEPARTMENT ASSISTANT CITY MANAGER
ATTEST:
Jay Mills Contracting, Inc.
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Contract Authorizatioa
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Date
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6/17/09 C-q _.--
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/4/2011 —Ord.No. 19506-01-2011
DATE: Tuesday,January 04, 2011 REFERENCE NO.: **C-24673
LOG NAME: 55FWS TAXILANE, ROADWAY AND LIGHTING IMPOVEMENTS-
CONSTRUCTION
SUBJECT:
Authorize a Contract in the Amount of$655,823.50 with Jay Mills Contracting, Inc., for Taxilane, Roadway
and Lighting Improvements at Fort Worth Spinks Airport and Adopt Appropriation Ordinance in the Amount
of$721,405.85 for Taxilane,Roadway and Lighting Improvements at Fort Worth Spinks Airport(COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize the use of revenue derived from mineral leases on City—owned airports in the amount of
$721,405.85 for a contract with Jay Mills Contracting,Inc.,project management,construction survey and
inspections costs for taxilane,roadway and lighting improvements at Fort Worth Spinks Airport;
2.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount
of$721,405.85 in the Airports Gas Lease Project Fund from available funds; and
3.Authorize the City Manager to execute a contract with Jay Mills Contracting, Inc., in the amount of
$655,823.50, for taxilane,roadway and lighting improvements at Fort Worth Spinks Airport, and authorize
$65,582.35 for associated costs for construction survey,project management,materials testing,
administrative and inspection services.
DISCUSSION:
On April 14, 2009,the City Council authorized the execution of a Contract with CP&Y, Inc., for the design
of this project(M&C C-23448).
This project was advertised for bid in the Fort Worth Star—Telegram on October 1, 2010 and October 7,
2010. On October 28, 2010, the following bids were received:
Bidders Amount
Jay Mills Contracting, Inc $655,823.50
O. Trevino Construction $726,474.65
McMahon Contracting,LP $775,042.47
UI Contractors $781,163.25
—C Company $874,551.70
AS Contracting, Inc $882,604.69
Ed A. Wilson,Inc $964,434.45
Time of completion: 120 calendar days
Y 1
Staff recommends that the bid submitted by Jay Mills Contracting, Inc., be selected, and that the contract be
awarded to Jay Mills Contracting,Inc.
The work includes construction of aircraft taxilane(400 feet x 50 feet concrete), air traffic control tower
roadway extension (350 feet x 24 feet concrete), new aircraft holding apron (160 feet x 84 feet concrete), and
approximately 1800' of new taxilane edge lighting. In addition to the contract cost,funding in the amount of
$65,582.35 is included for associated construction survey,project management, materials testing,
administrative and inspection costs.
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 will be funded by revenue derived from mineral leases on City—owned airport properties.
M/WBE–Jay Mills Contracting, Inc., is in compliance with City's M/WBE ordinance by committing
to 14 percent M/WBE participation. The City's goal on this project is 13 percent.
Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION:
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 current capital budget, as
appropriated, of the Airports Gas Lease Project Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2)P240 446200 551929990100 $721.405.85 3)P240 539120 558820131780 $721.405.85
2)P240 539120 558820131780 $721.405.85
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Ruseena Johnson (5407)
ATTACHMENTS
1. 1317 Construction Compliance.pdf
2. 55FWS TAXILANE ROADWAY AND LIGHTING IMPR.12df
3. 55FWS TAXILANE ROADWAY LIGHTING IMPRMNT AO doc
4. S12inksl317 Map—v2.12df