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FOR
HMAC SURFACE OVERLAY (2011-17)
AT VARIOUS LOCATIONS CITY SECRETARY�3 C)� ,
CONTRACT NO,
IN THE CITY OF FORT WORTH, TEXAS
CITY PROJECT NO: 01764
TPW PROJECT NO: C293-541200-205620176483
2011
MIKE MONCRIEF TOM M. HIGGINS
MAYOR INTERIM CITY MANAGER
DOUGLAS W. WIERSIG, P.E., DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ANDY ANDERSON, P.E., ASSISTANT DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
PREPARED BY
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
J INFRASTRUCTURE GROUP
EFFI RECORD
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M&C Review Page 1 of 2
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CITY COUNCIL AGENDA F(1RT W1)RTII-`�
COUNCIL ACTION: Approved on 9/13/2011 -Ordinance No. 19867-09-2011
DATE: 9/13/2011 REFERENCE NO.: **C-25139 LOG NAME: 20H MAC 2011-
17
I CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of
$953,096.50 for Hot Mix Asphaltic Concrete Surface Overlay 2011-17 at Four Locations
and Adopt Appropriation Ordinance S 5 and 9)
RECOMMENDATION:
1 It is recommended that the City Council:
J 1. Authorize execution of a contract with JLB Contracting, LLC, in the amount of$953,096.50 for 110
calendar days for Hot Mix Asphaltic Concrete Surface Overlay 2011-17 at four locations that are
listed on the attachments provided;
2. Authorize the transfer of$381,238.60 from the Water and Sewer Fund in the amounts of
$228,743.16 to the Water Capital Projects Fund and $152,495.44 to the Sewer Capital Projects Fund;
and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
J Water Capital Projects Fund by the amount of$228,743.16 and the Sewer Capital Projects Fund by
J the amount of$152,495.44 from available funds.
JDISCUSSION:
These Street overlay projects are being undertaken in conjunction with a separate contract for
replacement of water and sewer lines at 4 locations. The Transportation and Public Works and
J Water Departments share in these resurfacing costs in lieu of trench repair under the utility contract.
J Funding for this contract is included in the 2011 Contract Street Maintenance Fund ($571,857.90),
and the Water and Sewer Capital Projects Funds ($228,743.16 and $152,495.44 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 June 16, 2011 and June 23, 2011, in the Fort Worth Star-
Telegram. On July 14, 2011, the following bids were received:
J Bidders Amount
JLB Contracting, LLC $953,096.50
Peachtree Construction, Ltd. $956,653.00
JLB Contracting, LLC, is in compliance with the City's M/WBE Ordinance by committing to 12 percent
M/WBE participation. The City's goal on this project is 10 percent.
JThese projects are located in COUNCIL DISTRICTS 5 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
Jhttp://apps.cfwnet.org/council_packet/mc_review.asp?ID=15775&councildate=9/13/2011 9/15/2011
M&C Review Page 2 of 2
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital
Project Fund, and the Contract Street Maintenance Fund.
ITO Fund/Account/Centers FROM Fund/Account/Centers
1&2) $228,743.16 1) PE45 538040 0609020 $228,743.16
P253 476045 6051701764ZZ 1) PE45 538040 0709020 $152,495.44
1&2) $152,495.44
P258 476045 7051701764ZZ 3) P253 541200 605170176483 $228,743.16
2) P253 541200 605170176483 $228,743.16 3) P258 541200 705170176483 $152,495.44
I 2) P258 541200 705170176483 $152,495.44 3) C293 541200 205620176483 $571,857.90
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Douglas W. Wiersig (7801)
IAdditional Information Contact: Kristian Sugrim (8902)
IATTACHMENTS
20HMAC 2011-17 A011.doc
I 20HMAC 2011-17 MAP PAGE 01.pdf
20HMAC 2011-17 MAP PAGE 02.pdf
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http://apps.cfwnet.org/council_packet/mc review.asp?ID=15775&councildate=9/13/2011 9/15/2011
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This agreement made and entered into this the 13 day of September 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 11th 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
I 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,
the said Contractor hereby agrees with the said Owner to commence and complete the construction of
certain improvements described as follows:
Hot Mix Asphaltic Concrete Surface Overlay 2011-17
2.
I That the work herein contemplated shall consist of furnishing as an independent contractor all
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labor, tools, appliances and materials necessary for the construction and completion of said project in
Iaccordance 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
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
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 Transportation of the City of Fort Worth and the City Council of the City of Fort
Worth within a period of One Hundred Ten(110)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 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.
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
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,
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
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, 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
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,
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,
shall be Nine Hundred Fifty Three Thousand Ninety Six Dollars and Fifty Cents... Dollars,
($953,096.50).
9.
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.
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.
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.
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 13 day of September,A.D.,2011.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
DOUG W. WIERSIG P.E
DIRECTOR, DEPARTMENT OF
' TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER
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ATTEST:
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CONTRACTOR
IJLB Contractine,LLC.
CITY SECRETARY p 0�"00000000
(SEAL)
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BY: o p
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James, . Humphrey President of xa�4�
TITLE JLB OWING,LLC iM�C C - 5-131
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IAPPROVED AS TO FORM AND
P.O.Box 24131 LEGAL
I Fort Worth, TX 76124
ADDRESS
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ASST. CITY ATTORNEY
November 1960
IRevised May 1986
Revised September 1992
Revised March 2006
I
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX