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Home My WebLink AboutContract 40241 i�� 1 �� I i � I a >> ,, 1 i I � � � i ' I i � � ', i i ii i i� i i i � j f i i �w euu i p � i + i i �� i � "l' i � � �� i I j I � I I �� ;� m Vp� �� w � . ,a J" YY iii ° i War � �`�' lii ilil i �� , � � � ry�� I� ri �, ��i�Yl I,I� �� ii m �I 91111111 I, � � IY i ��I� III I �II xw�" i��iV !��, II I I '� �, �r ,� � i i i i III ail �� VII � �� i I � � �� ,. ;..,i � �w s� r� � � � �� ,t n '��W � �� Pig � , µ�ii�� i' I I!� re,� ��, �em � Vi � i i I .. �i I I i', I ,: �, i M&C Review Pagel of 3 3 Official site of the City of Fort Worth,Texas ' FoRT WoRm f,'ITY COUNCIL AGENDA 5• S COUNCIL ACTION: Approved on 5/4/2010 - Ord. No. 19134-05-2010 7DATE: 5/4/2010 REFERENCE C-24203 LOG NAME: 06HYDEPARKNINTHSTREET NO.: CODE: C TYPE: NON` PUBLIC NO I CONSENT HEARING: 4 SUBJECT: Authorize a Contract in the Amount of$2,611,672.51 with the Fain Group, Inc., for the Hyde Park Transit Plaza and the Ninth Street Improvements Project from Throckmorton ,. Street to Jones Street, Authorize the Acceptance of Contribution from the Fort Worth Transportation Authority in the Amount of$10,000.00 for the Ninth Street Improvements Project and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) ►ECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Contract in the amount of$2,611,672.51 with The Fain Group, Inc., for the Hyde Park Transit Plaza and Ninth Street Improvements Project from Throckmorton Street to FoJones Street contingent upon receipt of the Hyde Park Transit Plaza grant per M&C G-15909; 2. Authorize acceptance of a $1 0,000.00 non-grant contribution from the Fort Worth Transportation Authority for the Ninth Street Improvements Project; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Critical Capital Projects Fund in the amount of$10,000.00 from increased revenues for the Ninth Street "Improvements Project. T ISCUSSION: On November 25, 2002, (M&C C-19354) the City Council authorized the City Manager to enter into an Interlocal Agreement with the Fort Worth Transportation Authority (The T) outlining funding, design, acquisition and project management responsibilities for the Hyde Park Transit Plaza Project (city Secretary Contract No. 29793 . The City will manage the construction of the Hyde Park Transit Plaza Project � Y 9 Y J (Project). This Project consists of new passenger shelters, realigning Ninth Street and a new transit plaza lawn area with benches and trees. On November 25, 2002, (M&C C-19353) the city Council authorized execution of an Advance Funding Agreement (Agreement) with Texas Department of Transportation (TXDOT) for receipt of a Statewide Transportation Enhancement Program Grant for the Ninth Street Improvements Project, City Secretary Contract No. 15349. This Project consists of narrowing Ninth Street between Houston Street and Jones Street, installing new sidewalks, brick crosswalks, pedestrian lighting and Cedar Elm trees. The recommended contract award is for both the Hyde Park Transit Plaza Project and the Ninth Street Improvements Project. To improve cost efficiency and project coordination, the two projects were bid together and included in the same set of construction plans. The $10,000.00 contribution from The T is to supplement project costs for the Ninth Street Improvements Project. The Project was advertised on February 25, 2010 and March 4, 2010, in the Fort Worth Star-Tele ram, Fort " Worth Commercial Recorder and La Vida News The Black Voice in compliance with TXDOT requirements. On March 25, 2010, the following bids for construction and traffic signal installation were received: nttp://apps-cfwnet.org/council_packet/mc-review.asp?ID=l 3433&counci1date=5/4/20 10 51712010 )4(16C Review Page 2 of 3 Fain Group, Inc. $29811,572.81 AU I Contractors $21721,618-05 a McClendon Construction Company, Inc. $31149,946.37 Ed A. Wilson, Inc. $41449,078.75 r"-yde Park Transit Plaza Construction Costs: Construction $1,380,458.80 Traffic Signal $104,172.11 Inspection, Survey, Material Testing $1441752.00 F. Construction Management $54,714.00 10 Percent Contingency $148454.00 Total $1,842,570.72 Hyde Park Transit Plaza construction and related costs, excluding the traffic signal, $1,738,398.51, is Wunded by Federal Transit Administration grants administered by The T with a 20 percent local match shared by The T and the City. On April 27, 20102 (M&C G-15909) the City Council authorized the acceptance of the grant funds from The T so the City can manage the construction of the Hyde Park Transit Plaza. The traffic signal cost, $104,172.11, is funded by the 2004 Capital Improvement Program Street fight and Signal improvement Fund. Ninth Street Im rovements Construction Costs Construction $1,127,031.90 Inspection, Survey, Material Testing $1 099935.00 Construction Management $511030.00 f 10 Percent Contingency $1121703.00 Total $1,400,699.00 The $1,127,031.90 Ninth Street Improvements construction is funded by a TxDOT Statewide Transportation Enhancement Program grant administered by the City with a 25 percent local match shared by The T and he City. The $273,558.00 costs for inspection, survey, material testing, construction management, and contingency are funded by the 2004 Capital Improvement Program ECFA and Urban Development Fund and The T contributions. r The Fain Croup is in compliance with the City's DBE policy by committing to 25 percent DBE participation. The Fain Group identified and solicited subcontracting opportunities; however, minority and women-owned subcontractors that were not utilized by the Fain Group either did not submit bids, were not the low bidder ror did not meet the City's DBE certification requirements for application towards the goal. The City's goal on this project is 28 percent. 'The annual budget impact for Parks and Community Services Department maintenance is estimated to be .. $51000.00. This project is located in COUNCIL DISTRICT 9. e FISCAL INFORIVIATIONICERTIFICAOrION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund and the Street Light and Signal Improvement Fund. TO FundlAccountlCenters FROM Fund/Account/Centers 2)C116 451411 02211 6021 220 $10,000-00 1 G R76 541200 022302891 000 $1,1271031.90 3)C116 451411 022115021220 $10,000.00 1 C201 541200 209710020580 $104,172.11 3) C116 541200 022115021220 $10000-00 1) G R74 539120 022302393010 $1,380,458.60 ,.Lttp:llapps.cfwmet.orglcouncil_packet/mc review.asp?ID=13433&councildate=51412910 5/7/2919 4&C Review Page 3 of 3 Submitted for City Manager's office by; Fernando costa (6122) prig inatina Dmartment Head: Susan Alanis (8180) rAdItional Information Contact: Becky Ails (7045) ATTACHMENTS r36 H de Park and Ninth Street, df 06HYDEPARKNINTHSTREET AO.doc r S s r R' 1 p r Pitt ;//a s.cfwnet.or /council acket/mc review.as ?ID=13433&councildate=51412010 5/7/2010 s i February 11, 2010 ` ADDENDUM NUMBER ONE TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS i FOR 91h STREET PEDESTRIAN AND STREETSCAPE ENHANCEMENTSITRANSIT PLAZA FEDERAL AID PROJECT#STP 202 (2'12) to TRANSIT PLAZA CITY OF FORT WORTH DoE NO, 5285 9T" STREET (HOUSTON ST. TO JONES ST.) TxDOT CSJ 0902-48-495 DOE NO. 5276 • BID OPENING DATE: THURSDAY, MARCH 25, 2010 Y ADDENDUM ISSUE DATE: FRIDAY, FEBRUARY 26, 2010 This Addendum forms part of the General Contract Document and Specifications for the above x referenced project and modifies the original General Contract Documents and Specifications. Bidders shall acknowledge receipt of this addendum in the spaces provided below, in the proposal and acknowledge receipt on the outside of the envelope of the bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification, The Plans and Specifications documents are hereby revised by this addendum as follows: r 1. ADDED: Revised Notice to Bidders and Comprehensive Notice to Bidders 2. ADDED: Revised Bid Proposal Section 3. ADDED: Modified sidewalk along the north side of the proposed 91h Street at about Station-2 -30. See "MODIFIED SIDEWALK"detail attached. 4. ADDED: Bus Passenger Shelter Specifications (see attached specifications). 5, ADDED: Bus Passenger Shelter Drawings (see attached drawings). f 6. ADDED; Buy American and Certification (see attached Certificate) 7. ADDED: The following extracts from the Fort Worth Transportation Authority's (The T) data base are incorporated into the General Solicitation Packet. These extracts are necessary to ensure compliance with the FTA General Provisions, and apply only to Unit 1 (Hyde Park Transit Plaza) of the project, as Unit 1 is a grant from the Federal Transit Authority(FTA): P: Section 4. FEDERAL —GENERAL CLAUSES Section 5. ETHICS Section 6. REPORTING, RECORD RETENTION AND ACCESS r Section 7. ENVIRONMENTAL REQUIREMENTS Section 8. CIVIL RIGHTS Section 9. LABOR PROVISIONS, EMPLOYEE PROTECTIONS r Section 11. PROCUREMENT REQUIREMENTS PROHIBITIONSIRESTRICTIONS Section 12. GENERAL CONTRACT REQUIREMENTS Section 15. THE T DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Attachment F. FORMS PACKET Within these documents, references to The T have been generally substituted with The City. However, the documentation within Attachment F. FORMS PACKET retains the T's origin. Regardless, all bid documentation, including the foregoing, must be submitted to ADDENDUM NO. 1 J r .s a y The City for Unit 1 (see attached documents). 8. REVISE: The Time of Construction has been revised. Revise all occurrences of the Construction Time throughout the Contract Documents. The contract is anticipated to start on or before June 1, 2010 and be full y complete by January 21, 2011. This project will be constructed in 235 Calendar Days or 165 Working Days. Substantially Complete will be within 140 Working Days. The revised Calendar Days are shown in the revised Bid Proposal Section (attached). g. REVISE: Sheet gG and General Notes Sheet It'll, Item 504 Field Office and Laboratory, Delete this section and replace with the following: "No field Office or Lab is necessa ry for this project. Testing and Quality Control will be performed by the City or a private Lab." 10. REVISE: Delete TxDOT list of GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS and replace with the attached TxDOT list of GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS. 11. REVISE: The following revisions have been made to the TxDOT list of GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS: v Special Provision 000--1001 has been replaced with 000---1676 v Special Provision 007-445 has been replaced with 667-630 Special Provision 421-031 has been replaced with 421-435 Special Provision 424-001 has been replaced with 424-002 Special Provision 440-001 has been replaced with 440-002 ■ Special Provision 441-002 has been replaced with 441-005 Delete Special Provision 506-010 Special Provision 512-001 has been replaced with 512-002 Special Provision 610-006 has been replaced with 610-010 Delete Special Provision 678-001 ADD Special Provision 247-033 ADD Special Provision 260-001 ADD Special Provision 341-024 ADD Special Provision 448-002 12. REVISE: The Following Irrigation Sheets should be revised: Sheet 216: Add the following General Irrigation Note 28. 28, SIDEWALK CONFIGURATIONS MAY VARY SLIGHTLY DUE TO UTILITIES BUS SHELTERS OR OTHER ISSUES. CONTRACTOR WILL ADJUST IRRIGATION PIPING, HEAD LAYOUTS AND NOZZLES AS REQUIRED IN THE FIELD TO ACCOMMODATE CHANGES. Sheet 216: Revise the following quantity description in the TOTAL IRRIGATION t, • QUANTITY SUMMARY table: Delete "4" SHRUB SPRAY HEAD (POP-UP)" and replace with "12" SHRUB SPRAY HEAD (POP-U P)". ADDENDUM NO. 1 x d Sheet 225-232: Revise the 2nd and 3rd Spray Head Symbols on the IRRIGATION is LEGEND: Delete the callout"RAINBIRD#1804' and replace with "RAINBIRD#1812." r- Y 13. REVISE: The following modifications are changes to the plans: a. On Sheet 7, "TYPICAL SECTIONS": With regard to the 119TH STREET--CURB UNDERLAYMENT DETAIL" delete the callout "CEMENT TREATED SUBGRADE" and insert the callout out"FLOWABLE BACKFILL PER ITEM 401." t b. On Sheet 71A, "THROCKMORTON PLAN AND PROFILE— 19TH STREET PLAN": ns With regard to the"SECTION A-A"delete the callout S16"CTS" and insert the callout out "FLOWABLE BACKFILL PER ITEM 401." Also note that the first layer above the"6" CTS"is 6-inches of HMAC Type B. The surface course is also HMAC Type B. c. On Sheet 10, "QUANTITY SUMMARY": Revise the quantities for two items in the Summary Sheet for FLOWABLE BACKFILL (Item 491-2001)and CEMENT TREATED (SUBGRADE) (Item 275-2019). The revised quantities are shown in the two tables below, one table is for"LOCAL PARTICIPATION"and the other table is for"CSJ 9992-48-495." Please note that the "FLOWABLE BACKFILL item is added to the"CSJ 4992-48-495"table. LOCAL PARTICIPATION ITEM CEMENT CEMENT FLOWABLE TREAT BACKFILL (SUBGRADE) (TON) SY) (CY 275-2941 275-2019 401-2901 THROCK. STA 1+08.27 TO STA 5+55.39 30 1 773 27 9 fH ST STA 1+16.00 TO STA 3+57.71 20 1273 50 THROCKMORTON TO HOUSTON ST. TOTAL 59 3446 77 CSJ 4902-48-495 ITEM CEMENT CEMENT FLOWABLE TREAT BACKFILL (SUBGRADE) 6 11) (TON) (SY) (CY) 275-2991 275-2919 401-2901 9 ST STA 3+57.71 TO STA 9+35+34 19 1241 97 HOUSTON ST. TO COMMERCE ST.�__�__ _ 9 ST STA 9+35.34 TO STA 12+05.34 8 557 70 COMMERCE ST. TO CALHOUN ST.) r9T';'ST STA 12+95.34 TO STA 14+85.93 6 361 0 CALHOUN_ST. TO JONES_ST. ADDENDUM NO. 1 m - Y TOTAL _ _-. __ 33 � 2159 1 67 d. On Sheet 10, "QUANTITY SUMMARY There is a section of '10'r'Street that is to be repaved, as shown on Sheet 71A. The quantity for the HMAC should be added to the LOCAL PARTICIPATION TABLE, as shown below. �. LOCAL PARTICIPATION ITEM D-GR HMAC (METH) TY-B PG 64-22 (BASE BID) (TON) 340-2237 THROCK. STA 1+08.27 TO STA 5+65.39 __ 127 9 ST STA 1+16.00 TO STA 3+57.71 0 THROCKMORTON TO HOUSTON ST. TOTAL 127 Clarifications: 1. Sheet 0a Item 5 says staking Method A. Note that The City is performing Construction o= Y � Y p g Administration; they will set all Control, and do all Construction Staking. 2. Typical paving sections (sheet 5) has a note that says spacing of saw joints not to exceed 15'. This note refers to longitudinal joints, as there are no transverse joints in CRCP. See also notes on Sheet 04. TOOT (Dist. Pavement Design Engr.) recommends no more than 15' on the lane line. There are no transverse sawed joints. 3. Due to the staging of the work, there will be a longitudinal joint in the centerline of Throckmorton. Each half of the roadway will be 16,5' to the back of curb. It should be noted that 15-ft is maximum width of longitudinal joints by TxDOT. 10-ft longitudinal joints are acceptable. 4. Note that there is a recurring note about the intersection layouts (e.g., note 1 on sheet 76 of plans) that says that item 9840 star motif includes"all concrete and form work for the star to the to of the full depth 10.5-in CRCP". The underlying 10.5-in CRCP will be paid as Item 363 underneath the entire star motif and pavers. 5, Note that the ring and cover for Spec Item 465-2653 and 465-2054 are per TxDOT Spec 471 which requires that the lids meet AASHTO M306, which says: AASHTO M-306-07 was implemented in 2405 and requires that municipal castings conform to the requirements of"Gray Iron Castings"AASHTO M�105- 06lASTM A48 Class 35B. It further calls for a 40,000 pound proof load for H-20 traffic and 50,000 pound proof load for H-25 traffic. These proof load values 3 represent a 2.5 safety factor over H 20 ('16,000 lb) and H 25 (24,604 lb) wheel loads. It is the most recent and most stringent specification dealing with these f products. n 6. Note that Type B pavement is used as base material along the curbs on g`h Street. • 7. Note that during peak traffic periods, work will be permitted in non-traffic areas. E 8. All addenda must be submitted to TxDOT. 3. Note the details and notes on sheets 718 and 71 C. The existing base material over the shallow utility, will remain in place. 10. The two bus passenger shelters are Size A. Two shelters have been constructed at Throckmorton and Houston (Size C). ADDENDUM NO. 1 ' - 1 1. The Bid Form must be completely filled out, Including the "Descriptio17 of Item With Bid • price Written In Words," NO OTHER PARTS OF THE PLANS OR CONTRACT DOCUMENTS ARE HEREBY CHANGED. PLEASE ACKNOWLEDGE RECEIPT OF THE ADDENDUM IN THE FOLLOWING LOCATIONS: (1) IN THE SPACE PROVIDED BELOW (2) IN THE BID PROPOSAL (3) OUTSIDE OF THE ENVELOPE OF THE BID f FAILURE TO ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM NO. 'I COULD CAUSE THE SUBJECT BIDDER TO BE CONSIDERED "NON-RESPONSIVE", RESULTING IN DISQUALIFICATION. ADDENDUM NO. `I ACKNO LEDOEMENT: By: Larry Frazie Title: President Company: The Fain oup, inc. Address: 82-5 west Vi cke r Fort Worth, TX 76104 Telephone:8.17-927-4388 Date: March 25, 2 010 THIS ADDENDUM IS MADE PART OF -rHE SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID ENVELOPE. AECOM (Firm Registration F-3082) Matt Abbe February 11, 2010 > , VAT-THEW LA E 92716 w r� r ADDENDUM NO. 1 •y March 18 2010 6 ADDENDUM NUMBER TWO TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 9" STREET PEDESTRIAN AND STREETSCAPE ENHANCE IVIENTSITRANSIT PLAZA f FEDERAL AID PROJECT#STP 202 (212) to FP TRANSIT PLAZA CITY OF FORT WORTH DOE NO. 5285 9TH STREET HOUSTON ST. TO JONES ST � .) TXDOT CSJ 0902--48-495, DBE NO. 5270 BID OPENING DATE: THURSDAY, MARCH 25, 2010 r ADDENDUM ISSUE DATE: TUESDAY, MARCH 23, 2010 T f his Addendum forms part of the General Contract Document and Specifications for the above referenced project and modifies the original General Contract Documents and Specifications. Bidders shall acknowledge receipt of this addendum in the spaces provided below, in the proposal and acknowledge receipt on the outside of the envelope of the bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Plans and Specifications documents are hereby revised by this addendum as follows: 1. REVISE: Remove and replace Bus Passenger Shelter Drawings (see attached drawings) that were attached in Addendum#1. ' 2_ REVISE: Delete all references to working days. This project is to be completed in 235 Calendar Days and will be substantially complete in 190 calendar days. Change all occurrences accordingly. The contract is anticipated to start on or before June 1, 2010 and be fully complete by January 21, 2011. 3. REVISE: Remove and replace Item 8 in the General Notes with the following note. Note the method of working days charged. Item S. Prosecution and Progress P, Working days will be computed and charged in accordance with Article 8.3.A.5 Calendar Day. P Mork hours will be restricted to off-peak hours as defined in the following table, or as specified by the City of Fort Worth. Peak Hours Off-Peak Hours 6 to 9 AM 3 to 7 PM 9AM to 3PM All day Saturday Monday through Monday through Friday and and Sunday Friday 7 PM to 6 AM Monday through Frida Substantially complete the project in194 Calendar days. 3 ADDENDUM NO. 2 • Both overhead and underground utilities exist in the vicinity of this project. The exact location of underground utilities is not known. Contact the Texas Excavation Safety Systems (TESS) or DIG TESS at 1-800-344-5377 or the area utility companies for exact locations at least 48 hours prior to commencing any work that might affect present utilities. ' Material furnished by the contractor shall be new, un-depreciated stock. No traffic will be allowed directly under any work being performed on overhead sign or signal structures. 4. REVISE: Delete TxDOT list of GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS and replace with the attached TxDOT list of GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS. The following revisions have been made to the TxDOT list of GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS: ■ Special Specification Item 5359"Roof Brain"has been deleted Special Specification Item 9761 "Streetscape Free Well Pits" have been added 5. ADD: Special Specification Item 9700 has been added to contract documents. g 5. REVISE: Remove and replace the Section 5.5 Special Provision for Street and Storrs Drain Jmprovements with the attached Section 5.5. Clarifications: 1. It should be noted to all bidders that the construction schedule must be met. Liquidated Damages will be enforced. NO OTHER PARTS OF THE PLANS OR CONTRACT DOCUMENTS ARE HEREBY CHANGED. PLEASE ACKNOWLEDGE RECEIPT OF THE ADDENDUM IN THE FOLLOWING LOCATIONS: (1) IN THE SPACE PROVIDED BELOW (2) IN THE BID PROPOSAL (3) OUTSIDE OF THE ENVELOPE OF THE BID FAILURE TO ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM NO,2 COULD CAUSE THE SUBJECT BIDDER TO BE CONSIDERED "NON-RESPONSIVE RESULTING IN DISQUALIFICATION, E ADDENDUM NO. 2 t 6 f fY F' r ADDENDUM No. 2 ACKNO LEDGEMENT: By: Larry Frazier Title; President Company:The Fain Gr PC. Address: 825 West Vicker Fort Worth TX 76104 Teiephone$17-927-4388 Date: arch 25, 2 010 THIS ADDENDUM IS MADE PART OF THE SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID ENVELOPE. AECOM (Firm Registration F-3082) Matt Abbe M ~ ' �� March 18, 2010 �, WIATT IEW L ASSE i 92715 f� ;F i i 6 i ADDENDUM NO, 2 pp f, 1; t p� 8 CITY OF FORT WORTH TEAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 4th day of Maw A.D., 20103 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 11 th 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, The Fain Group.Inc., HEREINAFTER CALLED Contractor. 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 sa i d Co n tracto r h ereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Hyde Park Transit Plaza and the Ninth Street Im rovements Pro'ect from Throckmorton Street to Jones Street 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 t 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 z 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 i t OFFICIALL RECORD CITY SECRETARY T IAP T H. r F the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 305 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 X634 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. Y 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. PE 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 iniury, damaze or death is caused, in whole or in part, by the nealizence or allezed neelieence 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 iniury or damage is caused in whole or in part by the nelience or allemed nealimence 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 begi !P execute and deliver to said City of Fort Worth good and sufficient surety b performance of the terms and stipulations of the Contract and for the payment to 3AIQrk to wakp i a oA- F ° - nRTH,TX k 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 Two Million Six Hundred :Eleven Thousand Six Hundred Seventy-two and r611100...................................................................................................................Dollars,($2 611 672.61 . 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the r. 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. ll. 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. r IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in S 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 rp fiy g duly authorized officers in S counterparts with its corporate seal attached. Done in Fort Worth, Texas,this the 4th day of May,A.D., 20106 FFICIA RECORD i 4�I SECRETARY 109,R"I"84. TX -;-;YAM APPROVAL RECOMMENDED: CITY OF FORT WORTH Y WILLIAM A. VERKE f 97P.E. DIRECTOR, DEPARTMENT OF TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER ATTEST: Contract Authorization Date The Fain G rain,Inc. 825 W.Vickery • Fort Worth TX 76104 CONTRACTOR CITY SECRETARY (SEAL) .t7 i'000000o p0 COO p � BY: w.b Q axe �a ��0 b-C-7 rtov�',uz-% b� 00 �a00 ICY TITLE APPROVED AS TO FORM AND r LEGALITY: ADDRESS r i T. ITY ATTORNEY r t November 1960 Revised May 1986 Revised September 1992 Revised March 2006 R R ECORD TSECRETARY T.X �a