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WaterDepart,ment
TBPE Firm Regilstraflon No. 13
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CONFORMED
CITY SEMAW
CONTRACT NO,
FoRTWORTH
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PROTECT MANUAL
FOR
THE CONSTRUCTION OF
Reclaimed Water Extension along
American Boulevard
City Project No.25151
P258-705290 178930
3_ Betsy Price Tom Higgins
Mayor City Manager
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S. Frank Crumb, P.E.
Director, Water Department
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- Douglas W. Wiersig, P.E.
Director, Transportation and Public Narks Department
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Prepared for * ;• •
� io* • aiaraa A.The City of Fort Worth �.•a=.s•'••.•aa*.i*•��� w-
Water Department �•••�:•-•'""'
110401
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2012 `
OFFICIAL RECORD
CITY SECRETARY
Alan Plummer Association, Inc
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M&C Review - Page I of 2 CRY SEC
CRACK'No.
OFfam site of the City of Fat worth,Texas
CrTy COUNCIL AGENDA Fm%uif
COUNCIL ACTION: Approved on 711712012
DATE: 711712012 REFERENCE**C-25738 LOG 60JAC KS Ohl
No,. NAME: RECLAlMV11ATERAIViERICANBLVC�
CODE: C TYPE: CONSENT PUBLIC NO HEARING.,
SUBJECT: Authorize Execution of a Contract with Jackson Construction, Ltd., in the Amount of$566,876.00
for the Construction of the Reclaimed Water Main Extension Along American Boulevard
(COUNCIL DISTRICT 5)
RECOMMCN ATIQN:
It is recommended that the City Council authorize the execution of a contract with Jackson
Construction, Ltd., in the Amount of$566,876.00 for the construction of the reclaimed water main
extension along Am erican Boulevard.
DISCS§1[]N:
The City of Euless has requested from Fort Worth an additional reclaimed water point of delivery at
the north side of SH-183 on Bear Creek Parkway (Euless City Limit Line) which requires a reclaimed
water main extension of the new Fort Worth reclaim water system.On September 13, 20111 (M&C 0-
25150) the City Council approved an engineering Agreement with Alan Plummer Associates, Inc.
O„ (APAI),to design the reclaimed water main extension along American Boulevard.
The Reclaimed Water Main Extension Project along American Boulevard will install approximately
2400 linear feet of 12-inch reclaimed water main north along American Boulevard from FAA Parkway
across SH-183 to the proposed second wholesale reclaimed water customer meter station for the
City of Euless.
The project was advertised for bids on February 2, 2012 and February 9,2012 in the Fort Worlh Telegram. On March 8, 2012, the following bids were received:
I31d rs Bid Amount Time of Cony
Jackson Construction, Ltd. $5587878.00 120 Calendar Days
Venus Construction $568,547.00
• Ark Contracting Services $672,940.00
Circle C Construction $680,995.50
In addition to the contract cost,$5,000.00 is required for construction staking, $10,350.00 is required
for material testing,$8,500.00 is required for inspection,$2,500.00 is required for staff time and
$17,006.00 is provided for project contingencies
Jackson Construction Ltd., is in compliance with the City's MMBE ordinance by committing to four
percent MBE participation and documenting good faith effort. Jackson Construction, Ltd., identified
W several subcontracting and supplier opportunities. However, the MNWB E firms contacted in the areas
identified did not submit the lowest bids. The City's goal on this project is 23 percent.
This project is located in COUNCIL DISTRICT 5.
0M
Fl§g&,INFORMATIONICERTIF CAT N:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, in the Sewer Capital Projects Fund.
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http://apps.cfwnet.org/council_packet/mc—review.asp`ID=t 70 t S&councildate=7f t 7120 t 2 7/24/2012
M&C Review Page 2 of 2
on
E258 541200 70529-0178980 ;5§§4876.00
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Submitted LorCity Man is
0—f f-i!;!I-b Fernando Costa (6 122)
PM fir. �n in p �.r�en�egad: S. Frank Crump (8207)
Additional Informllo 1,Can &t: David R. Townsend(5430)
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h :Ile s,efi et.or council_packet/mc review.as ?ID=17018&counci ldate=7117f2012 7/24/2012
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0318-045-01
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ADDENDUM NO. 'I
TO
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CITY OF FORT WORTH,TEXAS �
RECLAIMED WATER EXTENSION ALONG
AMERICAN BOULEVARD
LEVARD �
TG: PROSPECTIVE BIDDERS AND PLAN HOLDERS I
_ The Plans, Specifications, and Contract Documents shall he modified as required by the
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following items:
Item 1-1
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Specifications, 0011 13 INVITATION TO BIDDERS
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Delete this Section in its entirety and replace with the attached I NVITATION TO
BIDDERS (ATTACHMENT 1-AD1).
Item -�
Specifications, 00 45 39 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL
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Delete this Section In its entirety and replace with the attached MINORITY AND
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WOMEN BUSINESS ENTERPRISE GOAL (ATTACHMENT 2-AD1).
Item 1-3
Specifications, Section GC-4.04 Underground Facilities
Add ATTACHMENT 3-AD1 after the flysheet for Section GC-4.84 Underground Facilities
Item 1-4
Plans, Sheet C-100
Add thelol,owing note to its entirety to Sheet C-100.
"5. IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY TXDGT AREA
INSPECTOR 48 HOURS PRIOR TO START OF CONSTRUCTION.
i
1.4W*ds 031 S-011Specs%CWG-idtii�n 01VWdendtKn.1.d0c A D DE N IXJ M 1 --PAGE 1
0318-046-01
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Plans, Sheet C--101
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Add the following rote in its entirety to Sheet C-101.
"5. IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY TXDOT AREA
INSPECTOR 48 HOURS PRIOR TO START OF CONSTRUCTION.
Item 1�6
Plans, Sheet C-102
s
Add the following rotes in their entirety to Sheet C--102.
'u5. IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY TXDOT AREA
INSPECTOR 48 HOURS PRIOR TO START OF CONSTRUCTION.
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8. PIPELINE SHALL BE INSTALLED BY CONVENTIONAL DRY AUGER BORE
UNLESS OTHERWISE APPROVED BY TXDOT AREA ENGINEER OR
INSPECTOR."
All Items in conflict with this addendum are hereby*deleted.
THIS ADDENDUM IS MADE PART OF THE SPECIFICATIONS AND CONTRACT
DOCUMENTS, AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID
ENVELOPE.
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ALAN PLUI'd MER ASSOCIATES, INC.
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. ��: •!tip' i
Thexnas A. White, P.E. �r
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February 17, 2012
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ADDENDUM I] 1 PAGE 2
4
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00 52 43 -I
Aareemcnt
page I of
1 SECTION 00 52 43
2 AGREEMENT
�•• 3 AGREUNTENT THIS AGREEMENT, is made by and between
a The City of FortluWorth,a home mile municipal corporation in the State of Texas,acting by qnd
5 throe 11 its Cit Mana er,hereinafter called Ci
6 and a �,•,
7 (legal description,e.g. corporation, LP, LLQ, auth Azed to Ao business ill Texas, actiAtg by and
3 through its dilly authorized representative, hereitlafter called Contractor. City and Contractor, ill
9 consideration of the mutual covenants hereinafter set forth, Agree as follows:
10 Article 1. WORK
11 Contractor shall complete all Woek as specified or indicated in the Contract Documents for the
12 Project identified ltereilt.
13 Article 2.PROJECT
*' 14 The project for which the work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
15 Reclaimed `]Dater Extension along American Boulevard
17 P258-705290178930
18 Article 3.CONTRACT THME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any,and Final Acceptance as stated in t lie Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
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23 The Work will be complete for Final Acceptance withilt 120 days after the date when the
24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
25 3.3 Liquidated damages
�• 26 Contractor recognizes that time is of the essence of this Agreement and that City Will
27 suffer financial loss if the work is not completed within the tittles specified in Paragraph
23 3.2 above,plus any extension thereof allowed in accordance with Article 12 of the _ I
29 General Conditions.The Contractor also recognizes the delays,expense and difficulties
30 involved ill proving in a legal proceeding the actual loss suffered by the City if the Work
31 is not completed oft time. Accordingly, instead of requiring any such proof,Contractor
32 agrees that as liquidated damages for delay(brut not as a penalty),Contractor shall pay
33 City Four H Dollars($400.0) for each(lay that expires after the time specified i11
34 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.
CITY OF FORT WORTH ATTACHIVIENT 4-AD2
STANDARD]CONSTRUCTION SPECIFICATION DOCUMENTS Reclaimed Water Extensioa along American Boulevard
Revised July 1.2011 P238-705290178930
00 5243-2
Agreement
Page 2 of 5
36 Article 4.CONTRACT PRICE
37 City agrees to pay Contractor for performance
of the Work in accordance with the Contract
38 Documents an amount in current funds of
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39 Do l lars 0 o
40 Article 5. CONTRACT DOCUMENTS
41 5.1 CONTENTS:
F.
p 42 A. The Contract Documents which comprise the entire agreement between City and
43 Contractor concerning the Work consist of the following:
44 1. This Agreement.
45 2. Exhibits to this Agreement:
46 a. Bid Form
47 1) Proposal Form
48 2) Vendor Compliance to State Law Non Resident Bidder
49 3) Prequalification Statement
50 4) State and Federal documents
51 b. Current Prevailing Wage Rate Table
52 c. Insurance Accord Form(s)
53 d. Payment Bond
54 e. Performance Bond
55 f. Maintenance Bond
- 56 g. Power of Attorney for the Bonds
57 h. Worker's Compensation Affidavit
58 i. MWBE Commitment Form
59 3. General Conditions.
64 4. Supplementary Conditions.
61 5. Specifications as included in the Project Manual.
62 6. Drawings.
63 7. Addenda.
64 8. Documentation submitted by Contractor prior to Notice of Award.
65 9. The followin g which may be delivered or issued after the Effective Date of the
y
66 Agreement and, if issued, become an incorporated part of the Contract Documents:
67 a. Notice to Proceed.
68 b. Field Orders.
69 c. Change Orders.
74 d. Letter of Final Acceptance.
71
72 Article 6. INDENIlYWICATIDN
5
P
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CITY OF FORT WORTH Reclaimed Water Extension along American Boulevard
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS P258-705290178930
F Revised July 1,20 11
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005243-3
Agreement
Page 3 of 5
73 6.1 Contractor covenants and agrees to indemnify,hold harmless and defend,at its own
74 expense,the city,its officers,servants and employees,from and against any and all
75 claims arising out of,or alleged to arise out of,the work and services to be performed
76 by the contractor,its officers,agents,employees,subcontractors,licenses or invitees
77 under this contract.ri'his indemnification provision is specifically intended too erate
78 and be effective even if it is alleized v
or roes
_ that all or some f the damages be
79 sou ht were caused in whole or in nart. by anj act omission or ne li ence of the ci
80 This indemnity provision is intended to include,without limitation, indemnity for
81 costs,expenses and legal fees incurred by the city in defending against such claims and
82 causes of actions.
83
84 6.2 Contractor covenants and agrees to indemnify and hold harmless,at its own expense,
85 the city,its officers,servants and employees, from and against any and all loss,damage
86 or destruction of property of the city,arising out of,or alleged to arise out of,the work
87 and services to be performed by the contractor,its officers,agents,nts,employees,
88 subcontractors licensees or invitees under this contract. This indemnification
89 provision is speciffcaliy intended to operate and be effective even if it is alleged or
90 oroven that all or some of the dams es beine sou ht were caused in whole or in part
1 by any act,omission or negligence of the cites.
92
93 Article 7. MISCELLANEOUS
94 7.1 Terms.
95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
95 have the meanings indicated in the General Conditions.
97 7.2 Assignment of Contract.
98 This Agreement, including all of the Contract Documents may not be assigned by the
99 Contractor without the advanced express written consent of the City.
FP
loo 7.3 Successors and Assigns.
101 City and Contractor each binds itself, its partners, successors,assigns and legal
102 representatives to the other party hereto, in respect to all covenants,agreements and
103 obligations contained in the Contract Documents.
104 7.4 Severability.
S'
105 Any provision or part of the Contract Documents held to be unconstitutional, void or
106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
107 remaining provisions shall continue to be valid and binding upon CITY and
If 108 CONTRACTOR.
109 7.5 Governing Lave and Venue.
110 This Agreement, including all of the Contract Documents is performable in the State of
111 Texas. Venue shall be Tarrant County,Texas,or the United States District Court for the
112 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH Reclaimed Water Extension along American Boulevard
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS P258-705294178934
Revised July 1,2011
a:
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005243-4
Agreement
Page 4 of 5
113 7.6 Other Provisions.
114 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
115 classified, promulgated and set out by the City,a copy of Which is attached hereto and
116 made a part hereof the same as if it Were copied verbatim herein.
117 7.7 Authority to Sign.
118 Contractor shall attach evidence of authority to sign Agreement, if other than duly
119 authorized signatory of the Contractor.
120
121 SIGNATURE PAGE TO FOLLOW
122
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CITY OF FORT WORTH Reclaimed Water Extension along American Boulevard
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS P258-745290178930
Revised July 1,2411
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005243-5
Agreement
Page 5 of 5
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123 IN WITNESS WIffiREOF, City and Contractor have signed this Agreement in multiple
124 counterparts. At least one counterpart each has been delivered to City and Contractor.
t25
126 This Agreement will be effective on 6f 120 (which is the
127 Effective Date of the Agreement).
128
C i of Fort Worth
Contractor:
By: MMME-90
INSERT ACM's name
B • 4 Assistant City Manager
` (Sign Lure)
M&.0
\j Date R A
(Printed Name)
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Title: P�res"t of JCI Inc,,� P� Attest:
City ecr ,�o IF
Address: 1 f o� Boa a�Q
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(Seal) {y, o" Q 0
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0? City/State/Zip: Legality
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7 1 A pp roved as to Form and Q 0 d
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hAj\ 011 Ood Ay
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Assistant City Attorney � Ij tr�tq �
129
130
131 APPRO AL RECOMMENDED:
132
133
134
135 DIRECT f, WATER
136 DEPARTMENT
137 1000 Throckmorton St.
138 Fort Worth,TX 76 102
139
140
141
142
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OFFICIAL RECORD
CITy 811CRIVARY
WORTHS TX
CITY OF FORT WORTH Reclaimed ater xtension alon Am ' oulevard
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS P258-705290178930
Revised July 1,2011