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HomeMy WebLinkAboutContract 41735 rowcoUpolt --•._....COMIRACIOQ } SPECIFICATIONS COWPACTM/OWMCa AND Cffy -.. -..•.0111►IIAl1AOQ"M 0/11Ct 1 CONTRACT DOCUMENTS -----moo FOR HMAC SURFACE OVERLAY (2011-4j'"""" AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS CITY SECRETARY CITY PROJECT NO: 01686 CONTRACT NQ TPW PROJECT NO: C293-541200-202620168683 2011 MIKE MONCRIEF T. M. HIGGINS MAYOR INTERIM CITY MANAGER WILLIAM A. VERKEST, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ANDY ANDERSON, P.E., ASSISTANT DIRECTOR 0 TRANSPORTATION AND PUBLIC WORKS DEPARTMENT J PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT J INFRASTRUCTURE GROUP o ORD T `h i M,iC Review Page 1 of 2 ' 'ORTII CITY COUNCIL AGENDA FORTI� l COUNCIL ACTION: Approved on 4/5/2011 DATE: 4/5/2011 REFERENCE NO.: C-24843 LOG NAME: 20HMAC 2011-4 CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO l SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of $1,212,993.90 for Hot Mix Asphaltic Concrete Surface Overlay 2011-4 at Various Locations (COUNCIL DISTRICTS 2, 4, 7 and 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with JLB J Contracting, LLC, in the amount of$1,212,993.90 for 120 calendar days for Hot Mix Asphaltic J Concrete Surface Overlay 2011-4 at various locations that are listed on the attachments provided. 1 DISCUSSION: J In the Fiscal Year 2010-2011 Contract Major Maintenance Program, various types of street I maintenance techniques are grouped into specific contract packages. Hot Mix Asphaltic Concrete (HMAC) Surface Overlay 2011-4 at various locations provides for surface and base rehabilitation, curb and gutter and valley gutter replacements for asphalt streets funded from the Contract Street Maintenance Fund. 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 in the Fort Worth Star-Telegram on January 20, 2011 and January 27, 2011. On February 17, 2011, the following bids were received: lBidders Amount JLB Contracting, LLC $1,212,993.90 Peachtree Construction, Ltd. $1,268,321.00 APAC Texas, Inc. $1,426,947.00 JLB Contracting, LLC, is in compliance with the City's M/WBE Ordinance by committing to 18 percent M/WBE participation. The City's goal on this project is 17 percent. These projects are located in COUNCIL DISTRICTS 2, 4, 7 and 9. FISCAL_INF_ORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C293.541200_ 202620168683 $1,212,993.90 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15032&councildate=4/5/2011 4/11/2011 1 M&C Review Page 2 of 2 I Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Kristian Sugrim (8902) I ATTACHMENTS I 20HMAC_2011-4_MAP_PAGE_01.pdf 20HMAC_2011-4—MAP—PAGE_02.pdf 20HMAC_2011-4 MAP PAGE_03.pdf 20HMAC_2011-4_MAP_PAGE_04.pdf 20HMAC_2011-4_MAP_PAGE_05.pdf Projects for 2011-4.xls J l l l l l l 1 1 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15032&councildate=4/5/2011 4/11/2011 CITY OF FORT WORTH, TEXAS CONTRACT I THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS ICOUNTY OF TARRANT This agreement made and entered into this the 5 day of April A.D., 2011, 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. IWITNESSETH: 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, I the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: IHMAC Surface Overlay 2011-4 2. IThat 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 f 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 Ihereto 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 (10) days after being notified in writing to do so by the Department of Engineering of the City Iof Fort Worth. 4. IThe 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 I the Department of Transportation of the City of Fort Worth and the City Council of the City of Fort Worth within a period of One Hundred Twenty(120)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 I 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. I 5. I 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 I 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 I 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 IContractor 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, I 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, I 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 I 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 I caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. I 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 I work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. I 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 faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor I and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253, as amended, in the form included in the Contract Documents, I 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 n/a, I shall be One Million Two Hundred Twelve Thousand Nine Hundred Ninty Three Dollars and Ninty Cents... Dollars,($1,212,993.90). 9. I It is further agreed that the performance of this Contract, either in whole or in part, shall not be I sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. IThe 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. I It is mutually agreed and understood that this agreement is made and entered into by the parties I 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. IIN 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 5 day of April,A.D.,2011. APPROVAL RECOMMENDED: CITY OF FORT WORTH Douglas W. Wiersig, P.E. Director, Department of Transportation/Public Works FERNANDO COSTA,ASST CITY MANAGER Contract Authorizatiou ATTEST: Date JLB Contractine,LLC P.O.Box 24131 Fort Worth,TX 76124 I CONTRACTOR Q ICITY SECRETARY (S E A L) ,da4�ORTn�iZ� IOG 0000 00000*0 BY: f�0 Jam G,,Hu ,President of "00 00 00 a 00000000 d II � a I Pa 13ox aylyl APPROVED AS TO FORM AND TX 7 14�1 LEGALITY. ADDRESS ASST. CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 ',n Revised March 2006 i