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CLIENT DEPARTMENT
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
SARITA CHANNEL DRAINAGE IMPROVEMENTS
City Project No.00484 Unit 2
Betsy Price Tom Higgins
Mayor City Manager
S. Frank Crumb, P.E.
Director, Water Department
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
TRANSPORTATION AND PUBLIC WORKS
2012
1
500 W. 7h Street, Suite 1100
Fort Worth, TX 76102 _j pF��` `
Aw i MICHAEL R. HOBBS �
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09-27-12 P i> : 05 1 N
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWoRTH
WN
COUNCIL ACTION: Approved on 9/18/2012 -ordinance No. 20396-09-2012
101 Elm
DATE: 9118/2012 REFERENCE **C-25839 LOG NAME: 20SW SARITA CHANNEL 004
NO.: _ 4
8
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with Humphrey& Morton Construction Company, Inc.,
in the Amount of$515,584.31 for the Sarita Channel Drainage Improvements and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$35,939.31 from the Water and Sewer Operating Fund to the Stormwater
Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Stormwater Capital Projects Fund in the amount of$35,939.31 from available funds; and
3. Authorize the execution of a contract with Humphrey & Morton Construction Company, Inc., in the
amount of$515,584.31 for construction of the Sarita Channel Drainage Improvements project.
DISCUSSION:
The construction contract recommended by this Mayor and Council Communication is for the
installation of a maintenance access ramp and access path into the Sarita Channel, installation of a
storm drain pipe and inlets, replacement of a sewer line aerial crossing, and repair of the concrete-
lined channel. The alternate bid is for replacement of a stilling basin drain pipe within the concrete-
lined channel.
The project was advertised for bid on June 21, 2012 and June 28, 2012 in the Fort Worth S Telegram. On July 26, 2012, the following bids were received:
TIME OF ALTERNATE TIME OF
BIDDERS BASE BID COMPLETION BID COMPLETION
Humphrey & $4970801.81 $5159584.31
Morton
Y
Construction
Company, Inc. 150 Calendar 150 Calendar
Fain Grog, Inc. $506,778.46 Days $519,228.46 Days
DCI Contracting, $553,064.00 $5842264.00
Inc.
,M. It is recommended that a contract be awarded in the amount of$515,584.31 to Humphrey&Morton
Construction Company, Inc. Costs for the implementation of this project will be funded by the
Stormwater Capital Projects Fund and the Stormwater Capital Projects Bond Fund.
Funding in the amount of$55,000.00 is included for associated construction survey, materials testing,
and inspection. The contingency fund for possible change orders is$25,000.00.
Humphrey& Morton Construction Company, Inc., is in compliance with the City's M/WBE Ordinance
by committing to 20 percent M1WBE participation. The City's goal on this project is 19 percent.
"r
This project is located in COUNCIL DISTRICT 3, Mapsco 89F.
http:l/vvww.fortworthgov.org/council packetlmc review.asp?ID=17356&councildate=9/1... 9/20/2012
M&C Review Page 2 of 2
FISCAL INFORMATIONICERTIFICATION:
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 Stormwater Capital Projects Fund and the Stormwater
Capital Projects Bond Fund.
TO Fund/Account/Centers FROM Fund/AccounVCenters
X35 939.31_ 3-�27 541200 20328048483 $478,645.00
P228 472045 203280048483 3 P228 541200 203280048483 36 939.31
3Y _ ,
1 PE45 538070 0709020 $36,939-31
Submitted for City Mana ees Otflce by: Fernando Costa t61 223
*� Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Rick Shaffer(6821)
ATTACHMENTS
20SW SARITA CHANNEL 00484 A012.doc
� date MC 0484 0 ----------u p --d (2).pdf
OW
http://www.fortworthgov.org/council-Packet/mc-review.asp?ID=173 66&counci1date=9/1... 9120/2012
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
ADDENDUM NO.1
TO THE PLANS,SPECIFICATIONS AND CONTRACT DOCUMENTS FOR
SARITA CHANNEL DRAINAGE IMPROVEMENTS
DOE No. 6717
CITY PROJECT No.00484(Unit 2)
ISSUED DATE:July 19,2012
BID RECEU T DATE:July 26,2012
This Addendum No. I forms a part of the Contract Documents referenced above and modifies the Original Contract Documents
and Plans. Acknowledge receipt of this Addendum in the space provided below,the proposal and acknowledge receipt on the
outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to disqualification.
The Plans and Specification documents for the above mentioned project are hereby revised and amended as follows:
1. Unit 1 Drainage Section— Item 32 is revised to a Prebid item with a prebid price of$30,000. The revised
proposal section(00 42 43)is attached.
*� 2. Unit 1 Drainage Section—Item 40"3900.0013 Miscellaneous Force Account—Install"is added to the proposal
section with a prebid price of$25,000. The revised proposal section(04 42 43)is attached.
Items of Clarification:
1. Deep root fertilization,as required by the plans,shalt be performed using a liquid fertilizer with a 4-1-2 ratio,and at
least 50%of the nitrogen shall be slovwrelease.The application rate shall be 3 lbs of nitrogen per 1,400 square feet.
The liquid fertilizer shall be injected at a depth between 9 and 12 inche&.The liquid fertilizer shall not contain
herbicides.work associated with this Item is considered subsidiary to the various Items bid,and no separate payment
will be allowed for this Item.
2. The contractor shall install 3"PVC conduit sleeves under the Access Drive for any irrigation piping that cross the
Access Drive,and shah reinstall the irrigation piping Inside of the sleeves.Any irrigation heads located within Access
Drive pathway shall be relocated as determined by the inspector and/or the city project manager.Work associated with
this Item shalt be paid for under the Miscellaneous Utility Adjustment bid item.
s
All other provisions of the plans,specifications and contract documents for the project which are not expressly amended herein
shall rein in full force and effect.
The Contractor shall acknowledge receipt of this Addendum (1) in the space provide below, (2) in the proposal and (3)
acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED & ACKNOWLEDGED
ADDENDUM NO. I".
Failure to return a signed copy of the addendum with the proposal sW1 be grounds for rendering the bid non-responsive. A
signed copy of this addendum shall be placed into the proposal at the time of bid submittal.
RECEIPT ACKNOWLEDGED: TRAN RTA ION AND UBL WORKS
By. By.
Title: Rick Shaffer,P.E.,Project Manager
rb .a•
on
005243-1
Agreement
Page 1 of 4
00
1 SECTION 00 52 43
2 AGREEMENT
go 3 TMS AOREEM ENT,authorized on S E P 18 20)12 is made b and between the i o
y City f Forth
4 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager,
5
("City"), and Humphrey& Morton Construction, Inc., authorized to do business in Texas, acting
aw 6 by and through its duly authorized representative,("Contractor").
7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
ow
9 Article I.WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
11 Project identified herein.
12 Article 2.PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows:
15 Sar to Channel el Drarnaize.Imiarovements
15 City Pro ect 11 ra.'00484 LT=Lnit 2)
17 Article 3,CONTRACT TIME
18 3.1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The work will be complete for Final Acceptance within {l50} days after the date when the
23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
24 33 Liquidated damages
25 Contractor recognizes that time is of the essence of this Agreement and that City will
26 suffer financial loss if the work is not completed within the times specified in Paragraph
27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
28 General Conditions. The Contractor also recognizes the delays, expense and difficulties
29 involved in proving in a legal proceeding the actual loss suffered by the City if the work
30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
32 City Three Hwidred Flee and nn/iQD Dollars($315.04) for each day that expires after
33 the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final
34 Letter of Acceptance.
CITY OF FORT WORTH Sarita Chanel Drainage Improveownts
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2)
Revised August 17,2012
005243-2
Agreement
Page 2 of 4
35 Article 4.CONTRACT PRICE
36 City agrees to pay Contractor for performance of the Work in accordance with the Contract
ow 37 Documents an amount in current funds of FIVE HUNDRED FIFTEEN THOUSAND FIVE
38 HUNDRED EIGHTY FOUR AND 311100 DOLLARS(SE&L8431).
39 Article 5.CONTRACT DOCUMENTS
40 5.1 CONTENTS:
• 41 A. The Contract Documents which comprise the entire agreement between City and
42 Contractor concerning the Work consist of the following:
43 1. This Agreement.
44 2. Attachments to this Agreement:
45 a. Bid Form
46 1) Proposal Form
47 Z) Vendor Compliance to State Law Non-Resident Bidder
48 3) Prequalification Statement
49 4) State and Federal documents(project specific)
50 b. Current Prevailing Wage Rate Table
51 c. Insurance ACORD Form(s)
52 d. Payment Bond
53 e. Performance Bond
54 f. Maintenance Bond
55 g. Power of Attorney for the Bonds
56 h. Worker's Compensation Affidavit
57 i. MBE and/or SBE Commitment Form
58 3. General Conditions.
59 4. Supplementary Conditions.
60 5. Specifications specifically made a part of the Contract Documents by attachment
61 or if not attached, as incorporated by reference and described in the Table of
62 Contents of the Project's Contract Documents.
63 6. Drawings.
64 7. Addenda.
65 8. Documentation submitted by Contractor prior to Notice of Award.
66 9. The following which may be delivered or issued after the Effective Date of the
67 Agreement and, if issued,become an incorporated part of the Contract Documents:
*' 68 a. Notice to Proceed.
69 h. Field Orders.
70 c. Change Orders.
71 d. Letter of Final Acceptance.
72
CITY OF FORT WORTH S"ita Channel Drainage Impravenwnu
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2)
Revised August 17,2012
PX
005243-3
Agreement
Page 3 of 4
MR
73 Article 6.ViDEMNIFICATION
74 6A Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
on 75 expense, the city, its officers, servants and employees, from and against any and all
76 claims arising out of,or alleged to arise out of, the work and services to be performed
77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
78 under this contract. This indemnification wovision is sDecificafll intended too rate
79 and be effective even if it is alleized or eroven that all or some of the d m es bein ff
80 sou ht were caused in whole or in gart,bv an ac omission or ngdfizenc e of the ci
81 Ibis indemnity provision is intended to include, without limitation, indemnity for
82 costs,expenses and legal fees incurred by the city in defending against such claims and
83 causes of actions.
84
85 61 Contractor covenants and agrees to indemnify and hold harmless,,at its own expense,
86 the city,its officers,servants and employees,from and against any and all loss,damage
87 or destruction of property of the city,arising out of,or alleged to arise out of,the work
88 and services to be performed by the contractor, its officers, agents, employees,
89 subcontractors, licensees or invitees under this contract. This indemnification
90 provision is st nific� intended to omrate and be effective even if it is alleged or
91 proven that all or some of the damages being sought were caused, in whole or in vart,
92 by aul act omission or neellyence of the ci
93
94 Article 7,MISCELLANEOUS
95 7.1 Terms.
96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
97 have the meanings indicated in the General Conditions.
98 7.2 Assignment of Contract.
99 This Agreement, including all of the Contract Documents may not be assigned by the
104 Contractor without the advanced express written consent of the City.
101 7.3 Successors and Assigns.
102 City and Contractor each binds itself, its partners, successors, assigns and legal
103 representatives to the other party hereto, in respect to all covenants, agreements and
104 obligations contained in the Contract Documents.
145 7.4 Severability.
106 Any provision or part of the Contract Documents held to be unconstitutional, void or
107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
108 remaining provisions shall continue to be valid and binding upon CITY and
109 CONTRACTOR.
110 7.5 Governing Law and Venue.
111 This Agreement, including all of the Contract Documents is performable in the State of
112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
113 Northern District of Texas,Fort worth Division.
CITY OF FORT WORTH Santa Chamiel Drainage Impravemerus
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2)
Revised August l 7,2012
PM
005243-4
Agreement
Page 4 of 4
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114 7.6 Other Provisions.
115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
116 classed, promulgated and set out by the Ciry, a copy of which is attached hereto and
117 made a part hereof the same as if it were copied verbatim herein.
118 7.7 Authority to Sign.
119 Contractor shalt attach evidence of authority to sign Agreement, if other than duly
120 authorized signatory of the Contractor.
121
122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
123 counterparts.
124
125 This Agreement is effective as of the last date signed by the Parties("Effective Date'.
126 � h+r �MowFo n
ontractor: � City of Fort Worth
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By:
r Fernando Costa
Assistant City Manager
(Signature)
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Date 919
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(Printed Name) City S
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Date: °°000ao° ��4
City/State/Zip:
F4-, (,(,�'9��,��0/2� Approved as to Form and Legality:
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nAJdV]k "• �
Date � Douglas W. Black
Assistant City Attorney
127
128
129 OFFICIAL RECORD APPROVAL RECOMMENDED:
130 ciTy sICRITARY
w 131 L4%jl LA.)
132 �.wo"N,TX
133 Douglas .Wiersig,P.E.
134 DIRECTOR,
135 Transportation and Public Works Department
136
s
CITY OF FORT WORTH Santa Chamee!Drainage Impravensents
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00484(Unit 2)
Revised August 17,2012