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CITY SFG'R�FiRY
' CONTRACT NO
' SPECIFICATIONS AND CONTRACT DOCUMENTS
I FOR
2008 CAPITAL IMPROVEMENT PROGRAM
ARTERIAL STREET PROJECT
i SILVER CREEK ROAD IMPROVEMENTS
IPROJECT NUMBERS:
T/PW—C204-541200-207230129383
IINTERNAL NO. 6196
OCTOBER 2010
IMIKE MONCRIEF DALE A.FISSELER,P.E.
MAYOR CITY MANAGER
IWILLIAM A. VERKEST P.E.—DIRECTOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
PREPARED BY:
MJTHOMAS
MICHAEL A.OMAS '
3400 Hulen Street, Suite 0
Fort Worth Texas 76100 �l� FSLIC r 1�` �
Phone: (817)732-9839 • Fax: (817)732-9841 ,1��1\SAL
Firm Registration #9435 10/27/10
OFFIG �a� :KCCORD
CITY SECRETARY
FT.WORTH,TX
CITY OF FORT WORTH TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the day of Al 12 D., 2011, by and
between the CITY OF FORT WORTH, a home-rule municipal corporation situated Tarrant County,
Denton, Parker, and Wise Counties, Texas, by an through its duly authorized Assistant City Manager,
("Owner"), and JLB Contracting LLC, ("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:
Pavement and Drainage Construction and Water and Sanitary Sewer Main Replacement on Silver Creek
Road from Interstate 820 West to the Intersection of the Brewer HiLyh School Driveway
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 (10) 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 diligence after the
commencement thereof and to fully complete and finish the same ready for the inspection and approval of
the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth
within a period of 210 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
I
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
sum of 420 Per working 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 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 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, 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. All bonds furnish hereunder shall meet the requirements of
Chapter 2253 of the Texas Government Code, as amended.
t'
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.
I
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.
8.
The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the
foresaid 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 One Million Four Hundred Forty-three Thousand Eight Hundred Ninety-four and
56/100.....................................................................................................................Dollars,($1,443,894.56).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
g P
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 8
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 8 counterparts with its corporate seal attached.
U Done in Fort Worth,Texas,this the day of`�UL 20 L A.D., 2011.
0
APPROVAL RECOMMENDED: CITY OF FORT WORTH
( C
Douglas . Wiersig, P.E. -- Dir for
Transportation Public Works
FERNANDO COSTA, ASST CITY MANAGER
ATTEST:
JLB Contracting,LLC
' PO Box 24131
Fort Worth,TX 76124
CONTRACTOR
W4' i'
CITY SECRETARY
(SEAL) ��"� �-�--�;�;���•�.
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BY: ICY
AINT ONG,U
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' APPROVE =TFO AN D
LEGALITY
ADDRESS
ASST. CITY ATTORNEY
November 1960
Revised May 1986
fig Revised September 1992
EOFFICIAL ECORD ET ARY H,TX
M&C Review Page 1 of 3
L)ffu_ial site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT ii
COUNCIL ACTION: Approved on 7/12/2011 - Ordinance Nos. 19763-07-2011 8, 19764-07-2011
DATE: 7/12/2011 REFERENCE NO.: C-25007 LOG NAME: 20SILVERCREEK
CODE: C TYPE: CONSENT HEARING:
NO
SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of
$1,443,894.56, for Pavement and Drainage Construction and Water and Sanitary Sewer
Main Replacement on Silver Creek Road from Interstate 820 West to the Intersection of
the Brewer High School Driveway, Accept $50,000.00 from Hickman Family Limited
Partnership for Construction Costs Participation and Adopt Appropriation Ordinances
(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of funds from Hickman Family Limited Partnership in the amount of
$50,000.00 for participation in construction costs;
2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the 2008 Street Improvements Fund by $50,000.00;
3. Authorize the transfer of$235,464.00 from the Water and Sewer Fund in the amounts of
$162,114.00 to the Water Capital Projects Fund and $73,350.00 to the Sewer Capital Projects Fund;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Water Capital Projects Fund by the amount of$162,114.00 and the Sewer Capital Projects Fund
by the amount of$73,350.00, from available funds; and
5. Authorize the City Manager to execute a contract with JLB Contracting. LLC. in the amount of
$1,443,894.56, for pavement and drainage construction and water and sanitary sewer main
replacement on Silver Creek Road from Interstate 820 West to the intersection of the Brewer High
School driveway.
DISCUSSION:
Silver Creek Road from IH-820 West to the Brewer High School driveway is included in the 2008
Capital Improvement Program for the construction of the northern half(two lanes). This project will
also include storm drain, water line and sewer line improvements. The work will be completed within
210 calendar days.
To assist in implementing this project, the adjacent property owner, the Hickman Family Limited
Partnership is participating by providing right-of-way and $50,000.00 for the construction of a left turn
lane serving their property. The construction bid for this project included an alternate bid for that left
turn lane at the Brewer High School intersection.
This contract was advertised on November 4, 2010 and November 11, 2010 in the Fort Worth Star-
Telegram. On December 9, 2010 the following bids were received:
Bidders Base Bid Alternate Bid Base + Alternate Bid
JLB Contracting, LLC $1,428,357.56 $15,537.00 $1,443,894.56
Conatser Construction TX, LP $1,430,159.70 $16,950.00 $1,447,109.70
McMahon Contracting, LP $1,538,581.98 $13,268.00 $1,551,849.98
Stabile &Winn, Inc. $1,663,082.79 $15,127.40 $1,678,210.19
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14674&councildate=7/12/2011 7/13/2011
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Jackson Construction, Ltd. $1,681,321.35 $15,480.00 $1,696,801.35
Jay Mills Contracting, Inc. $1,709,014.23 $16,760.00 $1,725,774.23
McClendon Construction Company, Inc. $1,795,888.41 $14,080.00 $1,809,968.41
Steele-Freeman, Inc. $1,818,385.37 $18,286.50 $1,836,671.87
It is recommended that the base bid plus the alternate bid for the left turn lane submitted by JLB
Contracting, LLC, be selected and that the contract be awarded to JLB Contracting, LLC.
Of the $235,464.00 being added to the Water and Sewer Capital Projects Funds for this project,
$190,452.15 is for project construction and is included in the contract amount. Another$9,311.85
would be committed as contingency funds to cover potential change orders, and an additional
$35,700.00 would be for project associated surveying, project management, materials testing,
construction inspection and project closeout.
Also, $1,231,572.41 of the 2008 Capital Improvement Program Fund including the $50,000.00
appropriated to the fund from the Hickman Family Limited Partnership is being utilized on this project
for the included street and drainage improvements. Of that amount, $1,123,442.41 is for project
construction and is included in the contract amount. Another$40,750.00 would be committed as
contingency funds to cover potential change orders, and an additional $67,380.00 is for project
associated surveying, project management, materials testing, construction inspection and project
closeout.
In addition, $130,000.00 of the Storm Water Capital Projects Bond 2009 Fund are included in the
construction contract to extend the drainage to an acceptable outfall.
JLB Contracting, LLC, is in compliance with City's M/WBE Ordinance by committing to 22 percent
M/WBE participation on this combined project. The City's M/WBE goal on this combined project is 19
percent.
This project is located in COUNCIL DISTRICT 7, Mapsco 59N.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, and the adoption of the attached appropriation ordinances, funds will be available
in the current capital budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital
Projects Fund, the Storm Water Capital Projects Bond 2009 Fund and the 2008 Street Improvements
Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2 3) PE45 538040 0609020 $162,114.00
C204 485208 207230129383 $50.000.00
3) PE45 538040 0709020 $73,350.00
3&4�
P253 476045 6071701293ZZ $162,114.00
C204 541200 207230129383 $1,141.792.41
3&4 $73,350.00
P258 476045 7071701293ZZ 5) $130.000.00
4) P253 531350 607170129352 $10,000.00 P227 541200 207280129383
5 $120.413.90
4) P253 531350 607170129380 $6,500.00 P253 541200 607170129383
4) P253 541200 607170129383 $126,414.00 5) $51,688.25
4) P253 531350 607170129384 $1,500.00 P258 541200 707170129383
4) P253 531200 607170129384 $1,700.00
4) P253 531350 607170129385 $15,000.00
4) P253 531350 607170129394 $1,000.00
4) P258 531350 707170129352 $4,500.00
4) P258 531350 707170129380 $2,800.00
4) P258 541200 707170129383 $55.000.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14674&councildate=7/12/2011 7/13/2011
M&C Review Page 3 of 3
41_P258 531350 707170129384 $850.00
4) P258 531200 707170129384 $1.70000
4) P258 531350 707170129385 $7,500.00
4) P258 531350 707170129394 $1,000.00
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Douglas W. Wersig (7801)
Additional Information Contact: Leon Wilson (8883)
ATTACHMENTS
20SILVERCREEK Rec 2.doc
20SILVERCREEK Rec 4.doc
20SILVERCREEK.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14674&councildate=7/12/2011 7/13/2011