HomeMy WebLinkAboutContract 44379 x
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CITY SECRETARY
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13.01 FILE
CONTRACTOR'S
CON UCTIO�N'S l
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CLIENT DEPARTMENT
PROJECT MANUAL
FOR
f, THE CONSTRUCTION OF
M-AGNOLIA (IRBAN VILLA GT.
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CS : 0902 4 536
FEDERAL All) OJEff NO. CM 2006 (850)
CITY PROJECT NO., 00535
DOE: 54'72
s5�,
Betsy Price Tom Higgins
Mayor City Manager
Douglas W. Wiersig, P.E.
t,.
Director iransportation and P� lic Works Department
Freres for
The City of Fort Worth
Planning,and Development
September 20, 2012
1%
P re red Bsy
0�m
.NICHOLS
4055 Intemational Plaza,Suite 200
Port Worth,TX 76109-4895
Phone: 7 735-7300
P 7735-749
FNI Project No. F 06137
PLEASE,DO NOT
DISSASSEMBLE
I
APR 22 2013
1 iviat-, Keview Page I of 2
Official sit.e oi"the City of Fort Worth, Texas
CITY COUNCIL AGENDA
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COUNCIL ACTIONS Approved on 211,9/'2013 -Ordinance No. 2 63! -02 1�3
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DATE: 21 9/20 1 3 C-26117 LOG, NAME: URBAN
VILLAGE STREETSCAPE
CODE: C TYPE: NOW PUBLIC
CONSENT HEARING:
��
IMP SUBJECT: Authorize Execution n + f a Contract with The Fain Group, Inc., in the Amount of
$1,227,222.510 for the Construction f'Pedestrian and Straatscapa Improvements in the
Magnolia Urban Village on Hemphill Street Between Oleander Street and Allen Street,
Authorize cc eptance of$175,000.00 fr rn the S uthaida Tax Increment Financing District
t.
� No. 4 and Adopt Appropriation n rdinance(COUNCIL DISTRICT 9
91001R)N OPI NION NION 011001
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It is,recommended that the City Council..
1. Authorize the execution of a contract with The Fain a r+ upf Inc., in the amount of$1,227,222.50
for construction f pedestrian and str atacapa improvements in the Magnolia Urban Villa a on
Hemphill Street etwween Oleander Street and Allen Street,
2. Authorize the acceptance of a $175,000.00 contribution from the Se uthside,Tax Increment
Financing District Nei. 4, Southside TIC', for construction-related expenses; and
(l°
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Specially Funded Capital Project,Fund in the amount of$175,0010.00 for con struction-rellated
expenses for the Magnolia urban Vililage Streetscape Improvement Project.
DISKUSIS O1 .
This Mayor and Council Communication recommends award of contract for the construction of
treat ape li ipre r en�lents along Hemphill street. Improvements includa, narrowing ae me po rtions
of the roadway between West Oleander Street and Allen Street, constructing new sidewalks,with
parer accents, and installing pedestrian lighting, street trees and landscaping.
On September 13, 2005, (MSC G-14914) the City Council authorized the City Manager to apply for
and accept a federal transportation grant for pedestrian and streetscaple improvements in the
Magnolia urban Village. 'The City was awarded a grant in the amount of' 1,233,6 I . from the
Federal Congestion Mitigation and Air Quality Improvement Program CMAQ for pedestrian and
stieetsoape improvements in the Magnolia urban Village and $308, 22.00 from the Southside TIF as
the 20 percent local match required by the Forth Central Texas Council of Governments ICTC
p g design of the project, Fort'"earth South,
.and tl�;�� ""ran e�rtation Joint Venture Program. During t
Inc., requested that the project limits he extended to Alen Street(franc the original boundary of
M rphy Street)and the Se uthside TIF provided an additional$175,000.00 for this purpose. The total
funding available for this project is$1,717,110-00.
Below is the project cost estimate lased on the preferred bid.
Funding ll cations
Streetscape Construction $1,22 ,222.5
Inspection, Survey, Material Testing, etc. $1451306.15
Construction Management $42,511-00
h p '� e e Ce r i _pack t � ._ ev* 91D= 7981 ce one 1 a.te 2" ..... 2/20/2013
x Kevw Page 2 of 2
10 percent Contingency $42-2-.72-2.25
WIN- Total $114959250.40'
The Parrs and Community Services Department has estimated that the annual budget impact for
maintenance of this,project could average$5,x400.00 per 0.1 mile (approximately one block). The
project limits span 0.4 miller.
Contractor Selection and MIWBE Compliance
The project was advertised on September 27, 2012 and October 4, 2012, In the Fob Worth Star-
Telegram,
.Vi News: The Black. " �c,e and the Commercial.Recorder in milli n with TxDOT
requirements.
On October 25, 2012, the following bids for construction end traffic signal installation were received:
The Fain Group, Inc. $1 12279222.5
VP 2L Construction LLCM $1,258,049-30
CPS Civil LLCM $ 1,2641,205.00
Worth Star Construction,tion, Inc. $1129%510.10
McClendon Construction Co, Inc. $1,336,834.50
u C . Trevino Construction,n, L Cam. $113451484-59
I Contractors, LLC $1)4177926.21
Cole Cnnstructi rr, Inc. $11786,710.11
The Fain Group, Inc., is in compliance with the City's Disadvantaged Burliness Enterprise (DBE)
Program by committing to 18 percent CBE participation on this project. The City's DBE goal,on this
project is 18 percent.
This project is located in COUNCIL DISTRICT 9.
17 FISCAL INFORM�ATI!ON,/CERTIFICATION,-,:
The Financial Management Services Director certifies that upon approval Cif the above
recommendations, and adoption of the attached appropriation ordinance, funds will be available in
the current capital budgets, as appropriated, of the Grants Fund and the Specially Funded Capital
Project Fund. The Planning and Development Department is responsible for the collection and
deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 488,422 0 770053580 GR76 541200 006302054800
2 $175:000.00 $_1_7
.. 91 5412 N 069 '70053580 0291 m a 5412 97700535$, Q
m1 � ►r V t r�rw '"YS Office ; Fernando Costa 6122
Ori ins _.QW qnt Head: Randle Harwood 61 1
Arty Wheaton-Rodriguez 73��`
�� t� ►n� u� Information Contact: Eric dada er
ATTACHMENTS
06MIAGNOILIA11''URBAN VIL-LAG,E STREETSCIAPE A01$.doe
Pr "ect Location Map_016Magnofia Urban V1111age Streetscape.pdf
"q ........
0005 15-1
1�)m)) ADDENDA
I�
Page I of
ADDENDUM DU O
I�) 2
3
4 PROJECT.-
AL4 GNOLL4 URBAN VILLAGE
5
r 6 Federal Aid PLo„ect Number: CM 2006 (850)
CS, -* 0902 48 536
QTY PROJECT NUMBER: 00535
1
11 OWNER,- City of. tart Worth
t
13 CONSULUNG ENGINEERS.- Freese and Nl*ch+ s, 1nc.
14 4055 International plaza, Suite 200
15 Fort Worth,Texas 76109
1 (817) 735-7437
wpv% 1
18 . A ,E OF ADDENDUM:, October 18,201:
20 DATE OF BID OPENING: October 25 2012
21
22
23 MSTRUCTIONS TO BIDDERS.: Bidder shall acknowledge receipt Addendum
24 No. I on Section 0 4100, Bid Form,Page 3 of off"the proposal.
5
2
27 1. SPECIFICATION SECTION 00 1113 -INVITATION TO BIDDERS(attached to
28 this Addendum
9 a. MODIFICATION Mo: di the time bids will he received until 1.30 PM
Central ll ht Time(CDT), y, �200 4 2, and bids will he
31 opened publicly and read aloud at 2:00 PM CDT in the Council Chambers to read
32 until 130 PM Central Daylight Time C DT Thursday,October 25 Z1,012
and
33 lids will he opened publicly and read aloud at 2.00 PM CDT in the Council
34 Chambers.
35 It. SPECIFICATION SECTION APPENDIX—SCHEDULE OF
6 SUBCIIONT CTORS SUPP LI RS(Attached to the Addend
37 MODIFICATION Modify the City s DBE Pro ect Gal from to read
38 18. O%.
39, Tills addendum is being conveyed to all plan holders via email, the City's B uzzsaw r wchsite and
hone call. Email delivery receipts shall constitute notification and receipt of this addendum..
CITY OF FORAWORTH Alt4GNOLIA tIRBAN VILLAGE
STANDARD "ONSTRU °TION SPECIFICATION DOCUMENTS CS 1. 0902 48 53
Revised December 5,2011 CITY PROJECT"NCB,04535, DOE:5472
ADDENDUM NO.. l PACE I OF 7
0005 15-2
ADDEND
POP ''age 2 of 2
Failure to return,a signed copy of the addendum with the Proposal shall he grounds for rendering
2 the hid non-responsive. A signed copy of this addendum dum shall be placed%rite►the Proposal at the
time of bid submittal
PP Receipt Aeln ,r e fed:
5 By.
r I e , President
p
T. Fain Group, inc.
7 END OF SECTION
u
u
CITY OF FORT WOE RTR At4GNOLIA URBAN VILLAGE
STANDARD ONSTRUCTION SPE IFI ATiON DOCUMENTS CSJ:0902 48 536
Revised December 5,2011 CITY PROJECT NO,00535, DOE,5472
ADDENDUM NO. I PAGE 2 OF 7
0005 1. _1
V4
ADDENDA
Page I of l
ADDENDUM O, 2
ulNl
3 PROJECT: MA GNOLL4 URBAN VILLAGE
4
5 Federal Aid PrC�`�ct Number CM 2006(850)
CS : 0902 48 536
CITY PROJECT NUMBER,
9
0 0 AER-0 City of Fort Worth
12 CONSULTING EN ERR Freese and ]"C n1s, 1nC.
13 4055 International Plaza, Suite 200
14 Fort Worth,Texas 7610
5 817 735-7437
0
17 DATE F ADD.E DU October 18,2012
ig DATE OF BID OPENING.- October 25,2
u 2
1 INS'MUCTIONS 'm BIDDERS Bidder shall acknowledge receipt of this Addendum
22 u. 2 on Sect on 00 4100,Bid Form, Page 3 of 3 of the proposal.
23
SPECIFICATION SECTION 00 1113--INVITATION TO BIDDERS(Attached to
5 this Addends
26 a. MODIFICATION—Modify the time bids will he received until 130 PM
7 Central Daylight Time(CDT),Thursday, 2012, and bids will he
28 opened publicly and read aloud at 2.00 PM CDT'In the Council Chambers to read
until 1:30 PM Central ,Daylight Time (CDT),Thursday, October 25 2012, and
3 0 bids will he opened publicly and read aloud at 2'-00 PM CDT In the Council
31 Chambers.
This addendum is being conveyed to all plan holders via crash,the City's Bu saw wehsite and
3 phone call. Email delivery receipts shall constitute notification and receipt of this addendum.
3 `ailure to return a signed copy of'the addendum with the Proposal shall he grounds for rendering.
5 the hid non-responsive. A signed copy of this addendum shall he placed into the Proposal at the
6 time of hid submittal.
37 Rcceip owledged
.-
By:
39 Paul Roach, P.E. a:� Frazier, President
40 Project Manager C M y'�. The Fain 2L2upjnc.
END OF SECTION
CITY OF FO WT"NNOM MAGNOLIA URBAN VILLAGE
STANDARD CONSTRUCTION SPECIFICATION DOC UMF-iN"FS CV 0902 48 536
Revised December:,2 11 ITY PROJECT NO.00535, DOE,5472
000515-1
ADDENDA
Page I of 5
"DENDUM O 3
2
PROJECT. A GNOL URBAN VILLAGE
�,,,, 5 Federal Aid Pro ec -.
�" , • 09,02 8 536
7
--&ARIS B.130SCO
8 CrFY PROJECT NU ER. 00535
93679
lo ER: City of Fort Worth
NAL
2 CONSULTING ENGINEERS. �" � � Nichols,
4055 International Plaza, Suite 200
Fart Worth,Texas 76,109
(817)
DATE OF ADDENDUM.- October,24 2012
ig DATE OF BID E`EN October 25, 2012
2
1 21 INSTRUCTIONS TO BIDDERS: Bidder shall acknowledge receipt of this Addendum
22 No.3 an Section 00 1 00, Bid Form, gage 3 of 3 of the proposal.
au 2
1. PLANS -Sheets 2, ,26' 27,28,31A,31B,36,37 and 3 -- Attached to this
25 Addendum)dum)and 68,6 ,,70,71 and 72(Not attached)
26 a. MODIFICATION-Modify sheets 2,6,26,27 and 2 y replac ng original hid
27 plan sheets 2,6,26,27,28,36,37 and 38 with the attached sheets.
28 b. ADDITION—Add the following standard detail sheets to the
29, 1. Sheet 31A-Concrete Paving Details Joint Seals,JS-03 F
3 . Sheet 31B oncrctc Pavement Details Contraction Design,CPC -9
31 c. MODIFICATION—Modify sheets 2, 68, , 7i , ° d 2 by changing the hid
for`� ��and,�
3,2 item code
33 to read"628-2272"and"ELL SRV TY A 120/240 100�)AL PS .jD
34 11 PROJECT MANUAL TABLE OF CONTRENTS(Attached to this Addendum)
35 a. ADDITION Add Section 00 45 11,Bidders Prequali c .ti ns
36 b. ADDITION ,add Section 5 12,Prequalification Statement
CM OF FORS"WORTH 11A GNOLL4 URBAN VILLAGE'
STANDARD CONSTRUCTION CTION SPEC ICAT `DOCUMENTS CSJ. 090'x' ,8'x36
Revised December 5,20 1 CrFY PROJECT"N .0535, DOE:5472
ADDENDUM NO 3 PAGE I OF 86
0005 1 -
ADDEND
Page 2 of 5
ADDITION-Add Section 00 45 13, bidder Prequafification Application
2
3 111. PROJECT'MANUAL SECTION 00 2113—Instructions to Bidders Attached to
4 th is Addendum)
MODIFICATION Modify Section 3.Prequalification of bidders Prime
Contractors and Subcontractors)by deleting the following
7 tQ !;:noPi:a1 DI M
w� ,
And adding in the following-,
9
10 3.1. All Bidders and their subcontractors are required to be preq al ified for the
r I 1 work types requiring prequ lification at the time of bidding. Bids received
12 from contractors who are not prequalifted even if inadvertently opened)
13 shall not be considered.
m 14
1.5 3.2.Each bidder unless currently prequalified,must be prepared to submit to City
16 within ten 1 calendar days prior to did opening,the documentation
17 identified in Section 00 45 1,1,BIDDERS PREQUALIFICATIONS.
19 3.2.1. Submission of and/or questions related to pre qualification should be
20 addressed to the City contact as provided in Paragraph 6.1.
2
3 3.3.The City reserves the right to require any pre-qualified contractor who is the
4 apparent low bidders for a project to subiliit such additional information as
5 the City, in its sole discretion may require, including but not limited to
26 manpower and equipment records, infori-nation about key personxiel to be
27 assigned to the project, and construction schedule,to assist the City in
u, 8 evaluating and assessing the ability of the apparent low bidder(s)to deliver a.
quality product and successfully complete projects for the amount bid within
the stipulated time frame. Based upon the City's assessment of the submitted
31 information,a recommendation regarding,the award of contract will be
32 made to the City Council. Failure to submit the additional information, if
33 requested,may be grounds for rejecting the apparent low bidder as non-
34 4 responsive. Affected contractors will be notified in writing,of a
5 recommend tion to the City Council.
3
3.41n addition to prequalification, additional requirements for qualification may
3 8 be required within various sections of the Contract Documents.
3
40 3.5. Refer to Special Provision 002-0 17 Instructions to Bidders.
41 IV. PROJECT MANUAL SECTION 00 4100—BID FO (Attached to this
42 Addendum)
43 W cation Modify section 4.Time,of Con pletion from to read
44 168�° rk ri da
CYVY OF FORT WORTH MAGNOLIA URBAN VILLAGE
STANDARD,CONSTRt.C110N s]PECIFICAJION DOCUMENTS CV 2 536
Revised December 5,2011 CITY PROJECT NO,00 35, DOE-5472
i
0
ADDENA
005, 15�-y
"age
2 V PROJECT MANUAL SECTION o 42 43- PROPOSAL FORM Attached to this
3 Addendum)
4 VI. Modification,-Modify the proposal form by replacing with the attached form.
5 PROJECT MANUAL SECTIONS 00 45 II BIDDERS PREQUALIFICC'ATIONS9
6 oo 45 12-PREQUALIFICATOIN STATEMENT," oo 45 1BIDDER.
7 PRE QUALIF1CATION APPLICATION(Attached to t is Addendum)
a. Add tl*on u-Add Section 00 45 I -:bidders PrequalifieationS. See Attached.
9 h. Addition .add Section 00 45 12-Prequalification Statement. See Attached.
10 c. A+dd fion Add Section OO 45 13 -Bidder Prequalification Application. See:
1 I Attached.
12 VII. PROJECT MANUAL SECTION 00 6125 CERTIFICATE OF INSURANCE
13 Attached to this Addendum
1 4 a. Iodificatiro d Section "� 1 r the ACORD and
15 replacing Frith the attached Section 00 6125 CERTIFICATE OF INSURANCE.
IMP 16 VIII. PROJECT MANUAL,SECTION Tx-DOT General Note; (Attached ch to thlis
7 Addenda
.,
18 a. Addition-Add at the end of the Special Notes section the following:
AU
In the ease of any descrepane es between the City of Fort Wort
documents and TxDOT Spec if eations, the longest dnr Pion or most
,>> 1 stringent Shall apply.
al
22
3
4
5
26 SW3P ES O�N I ILITIE.S
7
The contractor, shall be responsible for developing and implementing
29 the storm water pollution prevention plan (SW3,P). The SW3P shall be
developed by a licensed engineer in the State of Texas. Payment for
31 the development and implementation of the SW3P shall be subsidiary
to the project unless specific bid items are stated in the bid proposal for
elemienits of the SW'3P. The contractor shell be Responsible for the
34 area defined d by the limits of the Subject project. Those areas include,
though are not limited to, areas used for field offices, e uiprnent and/or
material storage.
37
1 CITY of FORT woRxii M G O f A URBAN VILL4GE
STANDARD CONSTRUCTION SPECIFICATION DOCU1' EN TS ".�:.
0902
Revised December 5.2 11 CITY PROJECT No.00535, DoE:547
1
i
i
! 05 15-4
ADDENDA
A
Page 4 of 5.
1 Responsible for seeking coverage under the TPDES Construction
2 General Permit (CGP) and operating the project within the
3 requirements of the CGP for discharging storm water from the subject
project and to notify, MS4 permit holders of the intent to discharge
5 storm water.
6
Pile a Notice of Termination with TCEQ upon completion of the project
when the exposed areas have been stabilized writh a vegetative cover
9 of at least 70%.
1
11 Responsible for all areas under their d'ilreot operational control which
12 inclludes, though not limited to, areas used for field offices, equipment
13 and/or material storage. These areas may he located on or off the
14 subject pwroeot's R.O.W.
16 Responsible for seeking coverage under the T'PDES Construction
17 General Permit (CGP) and adhering to all requirements of the permit
8 for discharging storm water from the areas under their operational
19 control. Perform regular inspections, prepare a mitten report of
20 deficiencies, and repair deficiencies within -the time frame set forth by
21 the permit. File a Notice of Termination with, TCEQ upon completion of
01 ; 22 the project when the exposed areas have been stabilized with a
23 vegetative cover of at least 70%.
2
25 b. Modiftcatton--Modif y the In ruction to Bidders section franc � IR RM
oat 3x"11,
27 t to read The Wort' will he late for final
Acceptance within 1 werl in days after the date when the Contract Time
29 commences.
30 IX. PROJECT MANUAL DIVISION SION 26-ELEC"T"RICAL(Attached to this Addendum)
r
3,1 a. MoNdifficafion—Modify Section 5 1Bidders,Pre uali,f+c tions. Sec
32 Attached.
33 X GENERAL(LANDSCAPE,PAVERS)
34 a. Clarification--Concrete Landscape,pavers shall include a mortar bedding as
35 shown in the plans. Payment for Landscape pavers shall include furnishing all
36 material, incidentals and the installation of the entire concrete paver section
37 including the concrete foundation course and the mortar bedding.
3
9
CITY OF FORT WORTH MAGNOLIA URBAN VILIAGE
STANDARD D CONT UCTI N SPE IFI '11ON DOCUMENTS CSJ. 0902 48 536
547
Revised Decemb r 5,2011 CITY PROJECT O,00535, DOE.
..... ......
0005 15-5
ALIDENDA.
Page 5 of
This addendum is being conveyed to all plan holders via email,the City's Buy saw website and
2 phone call. Email delivery receipts shall constitute notification and receipt of this addendum.
3 Failure to return a;signed copy of the addendum with the Proposal shall be grounds for rendering
the bid non-responsive. A signed copy of this,addendum shall be placed into the,Proposal at the
5 time of bid submittal.
6 Receipt A cwled, ed
7 By
;7y F .s iden
8 � np z Fain Inc.,
END OF SECTION
al
r,
PI
CITY OF FORT WORTH MAGNOLIA URBAN VILLAGE
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 536
Revised December 5.2011. "IT !,.1ECT NO.005351- E:51472
u(N
004526-1
CONTRACTOR COMP'LIA t . IT WORKER'S COMPENSATION LA
1
Page I of 1
O 1 SECTION 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION ON LAW
W
3 Pursuant to T x s Labor Cede Section 406.096(x), as amended, Contractor certifies,that it
7 4 provides workers compensation insurance coverage for all of its employees,employed on City
5 Project No. 00535. Contractor further certifies that,pursuant to Texas:Labor Cede, Section
406.096 h w,as amended,it will provide to City .guts subcontractor"s certificates of compliance with
lop, 7 worker's compensation coverage.
9 CONTRACTOR.
10
1 The Fan Group, inc. �� Larry Frazier
12 Company PI ase Print),
1
14 1616 Forth Sylvania avenue Signature.-
t '15 Address
1
17 Fort Worth TX 76111 Title: President
1� pity/St .te/Zip (Please Print
1
1 THE STATE OF TEXAS
2
23 COUNTY OF TARRANT
24
5 BEFORE ME,the undersigned authority, on this day personally appeared
26 Larry Frazier known to me to he the person whose teat'ne "is
7 subscribed,to,the forego n.g instrument, and acknowledged to me that he/she executed the same as
28 the act and deed Of The Fan Group, Inc. for the purposes and
9 consideration therein expressed and in the capacity therein stated.
3
1 GIVEN UNDER M RAND AND SEAL OF OFFICE this day of
2 October , 2012.
3
r
4 ,*
w
36
, Notary Fu e in am for the State of Texas
«,d� tote'of Texas Notary
My Commission Expires,
PIP 37 be( iTo
Decem
1
I
END OF SECTION
PRf;
CITY Of FORT T WOE,.TH M4 GNOLLA URBAN VILLAGE
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SJ.0902 48 536
Revised sed Decembear 51,2011 CITY PROJECT NO.00:53 , DOE 5472
005243-1
Agreement
Page I of 4
SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on February 19, 2013 is made by and between the City 01`
5 Forth Werth., a Texas home rule municipality, act ng by and through its duly authorized City
Manager, City"), and The Fain Group, Inc., authoed to do business in Texas, acting by and
through its duly authorized representative,("Contractor").
8 City and Contractor, in consideration of the mutual covenants hereinafter, set forth, agree as
9 fellows.
Article 1.WORK.
11 Contractor shall complete all Work as specified or indicated in the Contract Documents, for the
12 Project identified herein.
13 Article 2.PROJECT
14 The project for which the Work sunder the Contract Documents,may he the whole or,only a part is
15 generally described as fellows-,
16 06 U�
17 QU Project No. 0053 OE*- 5472, Cam- 0905 48 536
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
1
20 All time limits for Milestones, if any, and Final Acceptance as, stated in the Contract
21 Documents,is are of the essence to this Contract..
22 3.2 Fm* al Acceptance.
3 The'perk will he complete for Final Acceptance within t168) days after the date when the
24 Contract Time commences to run as provided in Paragraph 2.13 of the General Conditions.
25 3.3 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that City vvi.11
27 suffer financial, lass if the Work is net completed within the ties specified in Paragraph
28 12 above, plus any extension thereof" allowed in accordance with A bole 12 of the
29 General Conditions. The Contractor, also recognizes the delays, expense and difficulties
p,
30 involved i proving in a legal proceeding the actual loss suffered by the City if the Work.
31 is not completed on tine. Accordingly, instead of requiring any such proof Contractor
32 agrees that as liquidated damages for delay (hut not as a penalty), Contractor shall pad"
3'3 C ity in accord �ce with 7v O v ec ' �`r ovisinn x"00"-2332' Schedule Liouidated
,ar ages for each day that expires after the time specified in Paragraph 3.2 for Final
3'5 Acceptance until the City issues the Final Letter of Acceptance.
CITY OF FORTWORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CitlY ���.° M," w053
Devised August 17,2012.
OHO 52 4 -
Agree d.l i n.4,
0" Page 2 of 4
36 Article 4. CONTRACT PRICE
7 City agrees to pay Contractor for performance of the Work 'in accordance with the Contract
'Documents an amount in current funds of One Million,Two Hu,nd red Twenty-Seven Thousand,
39 Two Hundred Twenty-Two an 50/ . 1,lars($1,22 ,x`2'2.5' .
40 Article 5. CONTRACT DOCUMENTS
1 5 h CONTENTS-.
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 to reement.
45 2. Attachments to this Agreement:
M
46 aM ld o
47 1 Proposal Form
48 2 Vendor Compliance to State Law Non-Resident Bidder
49 3 Preq a i:ieati n Statement
PIN 50 4 State and :federal documents r j c specific)
51 b. Current Prevailing Wage .ate Table
2 c. Jnsurance ACO F'o s
53 dw Payment Bond.
54 e, Performance Band
55 f. Maintenance Bond
56 g. Power of Attorney for the Bonds
57 h. Worker's Compensation on Affidavit
i. N4BE and/or S E Comm utment For
59 3. General Conditions.
60 4w Supp ementary C onditionsM
5. Specifications specifically made a part of the Contract Documents by attachment
2 or, if not attached, as incorporated by reference and described in the Table of
63 Contents of the Project's Contract Documents.
w
6w D w gsw
5 7. Addenda.
. Documentation submitted by Contractor prior to Notice of Award.
7 9. The following which may be delivered or 'Issued after the Effective Date of the
Agreement and, if issued, become an incorporated part of the Contract Documents*.
aw Notice to Proceed.
70 bw Field Orders.
71 cw Change Orders.
72 dw Letter C f,Final Acceptance.
73
M, 74
CITY Off"'FORT WORTH 1061lagnolia Urbt 1"'11qgeS1rvet'Y
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Revised August 17,2012
005243-3
Agreement
Page 3 of 4
5 Article 6. I ILFIC'ATIO
76 6.1 Contractor covenants and agrees to indemnify, hold harmless anad defend, at its own
expense, the � j its officers,,cers, serv��a,nats and employees, from and against and sand all
78 claims a n'si g out of, or alleged to arise out of, tae work,and services to be performed
by the contractor, its officers, agents, employees, subcontractors., licenses or invitees
under this contract. This indemnification provision is §pecifically intended to operate
81 sand be effeetiv a even if it is call ed or coven that all or some of the damages l eina
sought were caused, in whole or in part pan act omission or negligence of the+ci
` T aas indemnity provision is intended to 'Include, without limitation, indemnity for
4 costs,expenses and legal fees incurred by the city in defending against such claims and
causes of actions.
g , a at its oven expense,
�'� �� Contractor covenants and agrees to n ��una� sand hold l�anraulaless
the city,its officers,servants and employees,from and against any and all loss,damage
8 or destruction of property of the city,arising out of or alleged to arise out of the work
IFF
90 and services to be performed by the contractor,, its officers, agents,, employees,
subcontractors, �ie
licensees or invitees hander this contract. "This indemnification
rovas on as ee f e alt intended to o erate anad lie effective e�v+ena if t I s, .11e ed o.
3 proven that a aaU or,some of the damages being sons ht were caused in whole or 'in part
94 l any aact omission or aaae li ence of t ae ei
9
96 Article 7,MISCELLANEOUS
98 Terms used in this Agreement which are defined in Article l of he General Conditions will
99 have the meanings indicated in the General Conditions.
100 7.2 Assignment of Contract.
101 This Agreement, including all of' the Contract Documents may not he assigned by the
N, 1 0 2 Contractor without the advanced express written consent of the City.
103 7.3 Successors and Assigns.
104 City and Contractor each hinds itself, its partners, successors, assigns and legal
105 representatives to the other party hereto, in respect to all covenants, agreements and
106 obligations contained in the Contract Documents.
107 7.4 Severahili
1018 Any provision or part of the Contract Documents held to he unconstitutional, void or
1 109 unenforceable by, a court of competent jurisdiction shall he deemed stricken, and all
110 remaining provtsions shall continue to he valid and heading upon CITY and
1
CONTRACTOR.
112 5 Governing Law and Venue.
This Agreement, including all of the Contract Documents ents is performable in the State of
114 Texas. Venue shall be Tarrant County, Texas, or the United "States District Court for the
115 Northern District of Texas,Fort"'worth Division.
�a
CITY OF FO .'T WOUH )ft griolk i U r w'1 'I ("N `r e Poe m
STANDARD D CONSTRU TION SPECIFICATION DOCUMENTS ..� � �� �� Na 053
I
Revised August 17,2012
00 52 43
Agreement
Fe 4 of 4
116 7.6 Other Provisions.
117 The Contractor agrees to pay at least, mm* imum wage per hour for all labor as the same is
118 classified, promulgated and set out by the City, a copy of which is attached hereto and
119 made a part hereof"the sane as if it were copied verbatim heretn-
120 7.7 Authority to Sign.
Agreement, if ether than duly
Contractor shall h evidence authority to sign
122 authorized signatory of the Contractor.
123
124 IN SS WTEREOF, City and Contractor have executed this Agreement multiple
15 counterparts..
126
1,27 This Agreement is effective as of the last date signed by the Parties, "� feetive Date").
t 8
Contract r; City of Fort Worth
...
Fernando Costa
: Assistant City Mlana er
(Signature) gate
x
Attest.-- .
Vey
(Printed Name) City Secretary
(Seal)
Title.
Address:,.
M C ce 2 U I0
ate.-
Ci /State// Approved as to Few and Legality,.-
Date
Assistant City Attorney
ey
129
130
131 APPROVAL RECOMMENDED:
132
cj
134 _ °
135 Douglas . Wiersi ,P.E.
136 t. Cl R,
137 ran sporty ion and' ubl'c Works Department
13
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Revised August 17,201