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M&C Review Page 1 of 3
"tidal site of the City of Fob Worth,Texas
CITY C%OUNCIL AGENDA
FORT WORD]
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COUNCIL,ACTIONS S App r r ed on 3/5/2013 -Ordinance No. 20,660-032013 & 20651-03-2013
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6009WSMA
DATE. 3/'5/2013 REFERENCE NO.: C-26142 LOG NAME,. JACKSON
CODE: C TYPE PUBLIC NO
HEARING.-
SUBJECT: Authorize Execution of a Contract with Jackson Construction, Ltd., in the Amount of
$1,638,47'5.30 ant Contract for��ut�r and �"lar���tar� serer l�epl�+ ern c 2009,, WSM-A, on
Fi ` venue, Sixth Avenuie, Ryan Avenue,, Ryan Place Drive, Stadium Drive, Avondale
Avenue, Lowden 'Street and brazier Avenue, Provide for Project Costs and Contingencies,
for a Project Total in the Amount of$1,7'4,4,452.00 and Adopt Appropriation Ordinances
(COUNCIL DISTRICT 91)
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add
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It is recommended that the City Council.
1i.. Authorize the transfer of$1,7'44,452.00 from the Water and Sewer O�plerati,nig Fund to the Sewer
ny Capital Projects Funds in they amount of$108,657.00 and the Water Capital Projects Fund in the
amount of$1,635,795.00
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in
the Sewer Capital Projects Fund in,the amount of$108,657.00 and the Water Capital Projects Fund
in the amount of$1,6351,1795.00 from the available funds, and
3. Authorize the execution of a, contract with Jackson Construction, Ltd., in the amount of
7 1,638,475.30 for Water and Sanitary Sewer Replacement Contract,2009, WSIVI A.
DISCUSSION,:
On October 14, 20101 (M&C C- "'44691 the City Council ,authorized an engineering Agreement with
ANA Consultants, L.L.C., for Water and Sanitary Serer Replacement Contract 2009, SM-A for the
preparation of plans and specifications for replacement of deteriorated water and sanitary serer
maims.
The Mayor and Council Communication is to authorize a construction contract for the replacement of
the deteriorated grater and sanitary serer mains as indicated on the following streets;
,
� �� oo��o Ito��I ��� 1� 3/6/2013 Ott //apps.o wnot.org couno � ��►
C Review Page 2, of 3
P
SreO From To S,c , a of
Work
5th Avenue West Robert Street est Cantey StreetliWater
6th Avenue 'vest Robert Street Wiest Bowie Street Water
Ryan Avenue "'"west Cantey 'West Berri Street Water/Buyer
treet
Ryan Place Cori e West Robert St JWest Cantey Street����"Water
Stadiurn Drive JPark Hill Dlr,ive de-sae Water Se ver.
Avondale ,given ue Rogers Avenue Dead end Water
Frazier Avenue West Robert Street 'vest Cantey Street Water
West Lowden Ryan Avenue 6th Avenue Sewer
Street
The project was advertised for bid on November 1, 2012 and November, , 2012 in the Fart Worth
pis Tele rain.. On November 29, 2012, the following bids were received:
Bird 'er 1mount% I Time of Compietionil
Jackson Construction Ltd
1 calendar Da
Ark Contracting Services, L.L.C. 1,68119,4 �
Conatser Construction TX, L. $117291139
Woody Contractors, Inc. $1,797,78
urnseo Construction Co. Inc 1, 914 . 0.
W. W. Nelson L.L..C. 212,2� �
In addition to the contract cost, $55,000.00 (Water: $42,000.00, Sever 13,000.00) is required for
construction staking, inspection and material testing and $501,976.00 eater $46,421.00, Sever:
$4,555.00) is provided for project contingencies.
M/WBE Office: Jackson Construction, Ltd., is in compliance with the �t � M Ordinance by
committing to 33 percent, E participation. The Crt s goal on the project is 18 percent.
The project is located in COUlNCIL. DISTRICT 9�.
FISCAL INFOR ATI! wN/ClE TI ICATION.
The Finance Director certifies that upon approval of the above recommendations,, and adoption of the
attached appropriation ordinances, funds will he available in the current oapita,l budget, as
appropriated, of the Water Capital Projects Fund and the Sever Capital Projects Fund.
TO Fund/ cc,olu t Cer tern FROM Fund Acoountl tern
~- 1 �� �+ 1 P'E45 538040 060902 $1,635.795-00
P253 476045 60817011444ZZ
1 657. 1).PE45 538040 0709020 $1081657.00
25 476045 70817412 1ZZ 3
'253 414 608170144483 P253 5 135 408174 144452 31 91 101.50
P,258 541244 748174144483
htt ./
u P ' 3 L3 1 35 608170144484
x`28 531 380 + 1714448 8ti.1
25 531 200817+ 144484
21 ,000-00
u
P253 511010 608170144492 1
25 1 380 608170144494 1 .
Q3
Q 1 A! .
283 511.010 608170144493
283 541200 60817014448 1 593 795.
83 511010 N 1 1444,8 6 �w .
21 $ 00Q.0
25 53135 708170144452
2.
21
P258 531350 708170144484 $1,50,01.00
Q $4,000.00
288 31 50 708170144485
258 X81 200 708170144484
2 .
P258 ,511010 7081701444912 t .0
21 $500.00
P258 581880, 708170,144494
$50 .0
P258 511 10 70,8170,144498 0-
2818 841200 7 8170144488
5 � +
P288 511010 7-0817014448
8.0
Submifted for Citv Mann @r s Office, Fernando Costa 6122
Originating Q mient Heat. S. Frank Crumb (8207)
Additional Information Contact:
I
ATTACHMENTS
6 !9 M -JACKSON
MAC � .
? 69SA JACKSON MAP
6 6 9 S A - JACKSON A013 P2,53.doc
669S - JACKSON AO,13 P258.doc
htip://apps.cfwnet.org/council—Pa,cket/mc--review.asp?'ID==1 8 62 cou, ci a e 3/5/2 .31 3/6/2013
1
0005 15- 1
ADDENDA
Page 1 of 1
SECTION 00 05 1
ADDENDA
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CITY OF FORT WORTH Water and Sanitary'Sewer Replacement
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TS ontra t 2009,WSW
Revised l v mber 9,20111 City Prqject NO.01444
i
'F11. ,R. ,,T RTH
);.
Th e G ty of Fo rt Wo rth
ADDENDUM NO, I
To the Spec ifications, Contract Documents
FOR
Replacement Water a amts ewer ont act 2009
'
WSM-A
i
D.OX. 6565
WATER SEWER IL' NO. X-"21852
WATER PROJECT NO, P253-531200-6091701444-83
SEWER PROJECT JE 'T NO P258-531200-7091701444-83
CITY PROJECT NO. 01444
Addendum No. 1 Issue Date: November 16,:12012
Bid Receipt Date: November 29 212
This addendum forms,part of the contract documents referenced above and modifies the original
Contract Documents. Ackmwledge revel t by signing and attach ing 'it to the Contract Documents
(inside,).Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid.
,
Prospective Bidders are hereby notified of the following.
PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS TO
SPEC'IF'ICATION AND CONTRACT"DOCUMENTS
1. SECTION 0,0 2113 INSTRUCTIONTO BIDDERS RAGE 6 of 9. Replace page 9 with,page
of 9 (attached)to reflect M 'WBE reqUirements for this project.
2. Replace SECTION 00 42 43 PROPOSAL FORM, With the attached revised form (Ref: new
Excel Spreadish,eet on Buzzsaw)
3. Remove SECTION 0 45 40 MINOR AND SMALL B S NIE S ENTERPRISE GOAL Replace
With Section 00 45 39, attached to reflect M/CBE requirements for this project..
Pagel oft ADDENDUM NO. '- November 16 2 12
RIP
r
4. SECTION 00 52 43-1 AGREEMENT PAGE 2 of 4.. Replace page 2 of 'with page 2 of 4 attached
to reflect /CBE requirements.
5 Remove MBE forms in the Appendix Section Replace With E Forms (Attached)
All ether provisions of the specifications, contract documents,and dkawings for the
project which are not expressly amended herein shall remain.
Fa l a ro to return a signed
rendering the bid non-responsive. A signed copy"of-tu ffs addendum shall be 'In placed *into
he Proposal at the time of submisson.
Receipt ACknowledgedw
Water Department
Tony S PE.
By
PraWent of JC1 .Inc. al Pa,rtn,et
ir
0 F '
OSMA F NASHD
foot
3
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ow
CWL V
The seal appearing are this
Document was authorized
soma F.Nashed,P.E.,
on November 16,2
"age 2 of 2 ADDENDUM NO. l November 16,2012
I
1,
{ 21 1 -6
"PIP :,'
INSTRU TIONS TO BIDDERS
Page 6 of 9
8. Contract Ti'mies
The number
accordance with the General Requirements and the Work is to be eoi 1pleted and ready for
Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
attached did Form.
98 Lliqui'dated Damages
Provisions for liquidated damages are set forth in the Agreement.
10. Substitute and "Or-Equal" Items
The Contract, if awarded, will be on the basis of materials and equipment described in the
Bidding Documents without consideration of substitute or"or equal"" items.
,
. "'substitute"Wl"lelle�'er It is Indicated tT�"specified in the Bidding Documents that ��ub'�tlt�ute or"'or-
equal" item of material or equipment may be furnished or used by Contractor if acceptable to
City,application for such acceptance will,not be considered by City lentil after the Effective
Date of the Agreement. The procedure for submission of all such application b Contractor.
� p
and consideration by City is,set forth in Paragraphs 6.05.x., 6.05:x. and 6.050 of the General
Conditions and is supplemented in Section 0 1 25 00 of the General Requirements.
I.1. Subcontractors,Suppliers and Others
1 l.n1. In accordance with the City's business Diversity Enterprise Ordinance No. 20020-12 2011 as amended),the City has goals for the participation of minority business
and/or small, business enterprises in City contracts. A copy of the Ordinance can be
obtained from the Office of the City Secretary. The Bidder shall submit the M./WBE.
Utilization Form, Subcontractor/Supplier Utilization Form, Prime
Contractor Waiver Form and/or Good faith Effort Form with doctjmentation�and/or
Joint'Venture Form as appropriate. The Forms including documentation.on must be
received t �� no later than : P.M. � ,
� e City t y days after the
bid opening date. The Bidder shall obtain a receipt from the City as evidence the
documentation was received, Failure to comply shall render the bid as non-
Pro 01,
responsive.
l
1 l.2. No Contractor shatl be required to employ any Sclbcontractor, Supplier,ether person
or,organization against whom Contractor has reasonable objection.
12. Form
l%
12.1. The Bid Form is included with the Bidding f eurnent additional e pl es may be
obtained from the City,
2.2. All blanks on the Bid For in must be completed by printing in ink and the Bid Form
' signed in ink. Erasures or alterations shall be initialed in ink by the person signing
the Bid Form. A.Bid price shall be indicated for each Bid item, alternative, and unit,
pride " the words '"No Bid,""
item listed therein. In the case o optional alternatives, e �°o
"No Change," or"Not Applicable" may be entered, Bidder shall state the prices,
written in ink in both words and numerals, for which the Bidder proposes to do the
work contemplated or furnish materials required. All prices shall be written legibly.
1,
In case of discrepancy between price in written words and the price in written
numerals,the price in written words shall govern.
l
CITY OF F ORT"WORTH Water nd Sanitary Sewer 1 eplace n nt
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS, Contract 2009,"'GSM-A.
Revised tigu t 17,2012 City Project NO.01444
V,
00 52 4 - 1
Agreement
Page 1 of 4
1 SECTION O'O 52 431
AGREEMENT
3 THIS AGREEMENT, authorized on 5 March 20113 is made by and between the C' ty of Fort
4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
5 City's), and Jackson Construction LTD. , authorized to do business in Texas, acting by and
6 through its duly authorized representative, ("Contractor's)
7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1.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 Water and San i to &vwer Replacemeint Contract 20019 WSM-A
16 D'O'E#656 5, Ci(y Pro ct Number 01444
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
0 Documents,are of the essence to this Contract.
1 3.2 Final Acceptance.
22 The Fork will be complete for Final Acceptance within 200 days after the date when the
23 Contract Time commences to run as provided in Paragraph 2.03 of the general Conditions.
24 3.3 Liquidated damages
I
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
7 3.2 above, plus any extension thereof allowed ire accordance with Article 12 of the
28 General. Conditions. The Contractor also recognizes the delays, expense and difficulties
29 involved in praying in a legal proceeding the actual loss suffered by the City if the Work
30 is not completed on time. According ly, instead of requiring any such proof, Contractor
31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall play
32 City .Four Hundred Twenyl Dollars 4'20..00' for each day that expires after the time
33 specified in Paragraph 3..2 for Final Acceptance until the City issues the Final Letter of
34 Acceptance.
CITY OF FORT WORTH Water and Sanitary
STANDARD,CONSTRUCTION SPECIFICATION DOCUMENTS sever Replacement Contract
Revised June 4,2012 2009,WSM-A
City Project No. 1444
.....�...,...mmmmmnummmmimmrvmnimmm
r.
rf.
005243
Agreemerit
Page 2 of 4
35 Article 4. CONTRACT RCT P' . CE
City agrees to pray Contractor for performance of the Work, in accordance with the Contract
37 Documents is amount in current funds of One Million Sig.Hundred Thi E Thousand Four
Hundred Seven pie o!lar and ($1,63,,&47530) .
39 Article 5. CONTRACT C TS
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 follow ng.
43 1. This Agreement.
44 1 Attachments,to this Agreement:
45 a. Bid Form
46 1 Proposal Form
47 2 Vendor Compliance to State Law Non-Resident Bidder
48 3 Prequalifieation Statement
49 4 State and Federal document (project pe f
p
50 h. Current Prevailing Wage Rate Table
51 e. Insurance ACORD Form s
52 d. Payment Bend
5�3 e, Performance Bond
54 f. Maintenance Bond!
55 g. Power of Attorney for the rends
" 56 h. Worker's Compensation Affidavit
7 i. MW13E Commitment Form
58 1 General Conditions.
Mr, 59 4. Supplementary Conditions.
60 5. Specifications specifically made a part of the Contract Document s by attachment
61 or, if not attached, as incorporated by reference and described in the 'Table of
00 62 Contents of the Project's Contract Documents.
3 6. Drawings.
4 7. Addenda,
65 8. Documentation Submitted by Contractor prior to Notice of award.
66 9 The following which nay be delivered or issued after the Effective Date of the
7 Agreement and, if issued, become an incorporated part of the Contract Documents:
68 a.. Notice to Proceed.
69 ln. Field Orders.
701 c. Change Orders..
71 d. Letter of Final Acceptance.,
72
73
CITY OF PORT WORTH Water and Sanitary
STANDARD CONSTRUCTION;SPECIFICATION DOCUMENTS Sewer Replacement Contract
Revised June 4,2012 2009,WS -A.
ON ty Project No. 1444
.� o u
u/
005243-3
Agreement
:F
Page 3 of 4
74 article 6. INDEMNIFICATION
5 6.1 Contractor covenants and agrees to indemnify, hold 'Harmless and defend, at its own
76 expense, the city, its officers, servants and employees, from and against any and all
claims arising out of", or alleged to arise out of the work and services to he performed.
�
,,
by the contractor, 'its officers, agents, employees, subcontractors, it r invitees
79 under this contract. This indemnification provision is s ecificall intended to operate
and be effective even if it is alle ed or proven that all or some of the damages heir
1 sought were caused In whole or in art h .n act omission or ne li ence of the cl
2 This indemnity provision is intended to include, without limitation, indemnity for
3 costs, expenses and legal fees incurred by the city in defending against such claims and
4 causes of actions.,
f
5
8161 6.2 Contractor covenants and agrees to, Indemnify and hold harmless, at its own expense,
87 the city,.its officers,servants and employees,from and against any and all loss,damage
or destruction of property of the city,arising out of or alleged to arise out of, the work
and services to he performed by the contractor, its officers, agents, employees,
11100 90 subcontractors, licensees or invitees under this contract. Th is indemnification
1 provision is s ecificall intended to ,operate and he effective even if it is alle ed or
proven that all or some of the damagesbeina sore ht were caused, in whole or inu v a,rt
P 93 by any act Mission or negligence of the
f
4
95 Article 7, MISCELLANEOUS
7 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
8 have the meanings indicated in the General Conditions.
99 7.2 Assignment of Contract.
100 This Agreement, including all of the Contract Documents may not he assigned by the
101 Contractor,without the a dvanced express written consent of the City.
102 7.3 Successors and Assigns.
103 City and Contractor each binds itself, its partners, successors, assigns and legal
104 representatives, to the other party hereto, in respect to all covenants, agreements, and
105 obligations contained in the Contract Documents.
1016 7.4 Severrhil iy.
107 Any provision or part of the Contract Documents held to he unconstitutional,, void or
1018 unenforceable by a court of competent jurisdiction shill he deemed stricken, and all
109, remaining provisions shall continue to he valid and binding upon CITY and
110 CONTRACTOR.
111 7.5 Governing,Law and Venue.
112 This Agreement, including all of the Contract Documents is performable in the State of
113 Texas. Venue shall he Tarrant County, Texas, or the United States District Court for the
114 Northern District of Texas, Fort Worth Division.
AMR CITY Y OF FORT WORTH ""dater and Sanitary
STANDARD CONSTRUCTION SPECIFICA11ON DOCUMENTS S Sewer Replacement Contract
Revised June 4,2012 2009,Ws -
1,„ City Project N . 1444
l
005243-4
Agreement
Page 4 of 4
115 7.6 Other Provisions.
116 The Contractor agrees to pay at least m nitnurn wage per hour for all abor as the sarne ins
117 classified, promulgated and set out by the City, a copy of which is attached hereto and
118 made a part hereof the same as if it were copied verbatim herein.
119 7.7 Authority to Sign.
120 Contractor shall attach evidence of authority to sign Agreement, if other r than duly
121 authorized signatory of the Contractor.
122
123 INr WITNESS "HEREOF City and Contractor have executed this Agreement in multiple
124 counterparts.
125
126 This Agreement is effective as of the last date signed by the Parties
127
Contractor.- City of.Fort Wert
JACKSON CONSTRUCTIONLL Fernando Costa
Assistant City.Man. ger
(SignYture)
Date 4125 1"3
LARRY
(Printed Name) Mary J
w
on'"c i reta ".A.
(Seal)
res'derft of JC11 Paftem Inc.,ueneral Paftr
Tt �
t
Address.
M&C _. ('.q 42- �
t,
Date. ._ � ....
Cif/State Approved as to Form and Legality:
D to tt
Assistant City Attorney
128
129
130 APIP,ROlVAL RECOMMENDED:-
131
13
IM
133
!s.
134 frank Crumb
135 DIRECTORI
136 Water Department
137
OFFICIAL
Cf � Water and Sanitary
Sewer Replacement Contr act
�e�ST D � L ��ME
.ev i s use 12 2009,WS M-A
City Project No. 1444