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00 52 43- 1
Agreement
a Page I of 4
1 SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on October 15, 2013 is made by and between the City of
5 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City
6 Manager, ("City"), and ADVANCED PAVING ACQUISITION, LTD., authorized to do
7 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 follows:
N
10 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 under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 FD AC SURFACE OVERLAY (2013-15)
17 02162
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
Few 22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within 110 calendar days after the date
24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General
25 Conditions.
26 3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial loss if the Work is not completed within the times specified in Paragraph
29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
30 General Conditions. The Contractor also recognizes the delays, expense and difficulties
31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor
33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time
35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
36 Acceptance.
(rcrnTYr`�,1ig�(�a �f1;, r
CITY OF FORT WORTH HMAC Surface Overlay(2013-15)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162
r Revised August 17,2012
005243-2
Agreement
M, Page 2 of 4
37 Article 4.CONTRACT PRICE
38 City agrees to pay Contractor for performance of the Work in accordance with the Contract
39 Documents an amount in current funds of NINE HUNDRED SEVENTY THOUSAND EIGHT
40 HUNDRED SEVENTY SEVEN DOLLARS AND THIRTY FIVE CENTS ($970,877.35).
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43 A. The Contract Documents which comprise the entire agreement between City and
44 Contractor concerning the Work consist of the following:
45 1. This Agreement.
46 2. Attachments to this Agreement:
47 a. Bid Form
0"M 48 1) Proposal Form
49 2) Vendor Compliance to State Law Non-Resident Bidder
50 3) Prequalification Statement
51 4) State and Federal documents(project speck)
52 b. Current Prevailing Wage Rate Table
53 c. Insurance ACO.RD Form(s)
54 d. Payment Bond
55 e. Performance Bond
56 f. Maintenance Bond
57 g. Power of Attorney for the Bonds
58 h. Worker's Compensation Affidavit
59 i. MBE and/or SBE Commitment Form
60 3. General Conditions.
61 4. Supplementary Conditions.
62 5. Specifications specifically made a part of the Contract Documents by attachment
63 or, if not attached, as incorporated by reference and described in the Table of
64 Contents of the Project's Contract Documents.
65 6. Drawings.
,1 66 7. Addenda.
67 8. Documentation submitted by Contractor prior to Notice of Award.
68 9. The following which may be delivered or issued after the Effective Date of the
0M 69 Agreement and, if issued, become an incorporated part of the Contract Documents:
70 a. Notice to Proceed.
71 b. Field Orders.
72 c. Change Orders.
73 d. Letter of Final Acceptance.
74
OFFICIAL RECORD
CITY OF FORT WORTH HMAC Surface Overlay(2013-15)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162
Revised August 17,2012
)�4F
005243-3
Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
77 expense, the city, its officers, servants and employees, from and against any and all
78 claims arising out of, or alleged to arise out of, the work and services to be performed
79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
80 under this contract. This indemnification provision is specifically intended to operate
81 and be effective even if it is alleged or proven that all or some of the damages being
82 sought were caused, in whole or in part, by any act, omission or negligence of the city.
83 This indemnity provision is intended to include, without limitation, indemnity for
84 costs,expenses and legal fees incurred by the city in defending against such claims and
85 causes of actions.
86
87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
88 the city,its officers,servants and employees, from and against any and all loss,damage
89 or destruction of property of the city,arising out of,or alleged to arise out of, the work
90 and services to be performed by the contractor, its officers, agents, employees,
10 91 subcontractors, licensees or invitees under this contract. This indemnification
92 provision is specifically intended to operate and be effective even if it is alleged or
93 proven that all or some of the damages being sought were caused, in whole or in part,
94 by any act,omission or negligence of the city.
1
95
96 Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement which are defined in Article 1 of the 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 be assigned by the
IM 102 Contractor without the advanced express written consent of the City.
103 7.3 Successors and Assigns.
104 City and Contractor each binds itself, its partners, successors, assigns and legal.
105 representatives to the other party hereto, in respect to all covenants, agreements and
1.06 obligations contained in the Contract Documents.
MW 107 7.4 Severability.
108 Any provision or part of the Contract Documents held to be unconstitutional, void or
F 109 unenforceable by a court of competent ,jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon CITY and
III CONTRACTOR.
112 7.5 Governing Law and Venue.
113 This Agreement, including all of the Contract Documents 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 DIv1 ,w
It,"WNCIAL RECORD
CITY SECRE"FARY
CITY OF FORT WORTH 2�'Tp "Al't,MR11�1"` i, TX HMAC Surface Overlay(2013-15)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162
91� Revised August 17,2012 , ,. ....,ams„mk,., ofl a
Vlugir
005243-4
Agreement
Page 4 of 4
116 7.6 Other Provisions.
117 The Contractor agrees to pay at least minimum 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 same as if it were copied verbatim herein.
120 7.7 Authority to Sign.
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
124 IN WITNESS WffEREOF, City and Contractor have executed this Agreement in multiple
,yy 125 counterparts.
126
127 This Agreement is effective as of the last date signed by the Parties("Effective Date").
1
Contra to City of Fo rth
r:
By; ,
�, ..
Fernando do Costa
Assistant City Manager
Signature)
( Date
Attest:
(Printed Name) City Secretary r,
' (Seal) V0
Title
ITw
Address: � ... .?.. --1
M&C �
Date: y,
Ci /State/Zi i ,4. , Approved as to Form and Lega
_,.: �" PP
ty p ... .
....
Date Poog4s-W:-Wack vVA
Assistant City Attorney
129
130
131 APP OVAL RECOMMENDED:
132 � p
133 W , Lj
134 Douglas 0 Wiersig, P.E.
r
135 DIRECTOR,
136 Transportation & Public Works
137
CWFICIAI. RECORD
C11 f SECRETARY'
CITY OF FORT WORTH HMAC Surface Overlay(2013-15)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162
Revised August 17,2012
MIMI
0061 13- 1
ISSUED IN FOUR(4)COUNTERPARTS PERFORMANCE BOND
Pa e 1 of
OMAN S
1 SECTION 00 61 13 BOND NUMBER:4393378
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
S
§ KNOW ALL BY THESE PRESEN'T'S:
6 COUNTY OF TARRA_NT §
T
7
8 That we, Advanced Paving Acquisition,Ltd., known as"Principal"herein and
�» 9 SURETEC INSURANCE COMPANY
a corporate surety(sureties, if more than
10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one
?"M 11 or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created
12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, NINE HUNDRED
13 SEVENTY THOUSAND EIGHT HUNDRED SEVENTY SEVEN DOLLARS AND
14 TARTY FIVE CENTS($970,877.351, lawful money of the United States, to be paid in Fort
15 Worth,Tarrant County,Texas for the payment of which sum well and truly to be made, we bind
16 ourselves, our heirs,executors,administrators, successors and assigns,jointly and severally,
17 firmly by these presents.
18 WHEREAS, the Principal has entered into a certain written contract with the City
19 awarded the 15 day of October,2013,which Contract is hereby referred to and made a part
20 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and
21 other accessories defined by law, in the prosecution of the Work, including any Change Orders,
22 as provided for in said Contract designated as HMAC SURFACE OVERLAY(2013-15), 02162.
23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all respects duly and
N 25 faithfully perform the Work, including Change Orders,under the Contract, according to the plans,
26 specifications,and contract documents therein referred to, and as well during any period of
PRO 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be
28 and become null and void, otherwise to remain in full force and effect.
29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
30 Tarrant County,'texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
m CITY OF FORT WORTI I HMAC�SURFACE OVERLAY(2013.15)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162
Revised July 1,2011
iii
0061 13-2
PERFORMANCE.13OND
Page 2 of 2
'rye
I This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
r1
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 29TH day of _
6 OCTOBER 2013
a —
7 PRINCIPAL:
8 ADVANCED PAV G CO.
7 9 --
10
12 / na re
13 ATTEST:
16 (Principal)Secretary Name and Title
17
Address: 2257 Joe Field Rd
19 / Dallas,TX 75229-3326
20 ,.. -
22 Witness as to P i clpal '
23 SURETY:
24 SURETEC INSURANCE COMPANY
25
a
26 ,
i _ q l
27 13Y w f
28 Signature
29
30 V.DeLene Marshall,Attorney-In-Fact
31 Name and Title
32
33 Address: 1330 Post Oak Blvd.,Suite 1100
34 Houston TX 77056
35 _._...... _
37 Witness as to Surety Telephone Number: 866-732-0099
38
39
40
IMM 41 *Mote: If signed by an officer of the Surety Company, there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation. if
43 Surety's physical address is different from its mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
45
CITY OF FORT WORrI1 1itt1AC$i11tFACE OVF.RI.AY(2013 I S)
STANDARD CONSTRUC11019 SPECIFICATION DOCUMENTS 02162
Reyiscd July 1,2011
7 0061 14- l
PAYMENTBOND
Page I of 2
IM ISSUED IN FOUR(4)COUNTERPARTS
I SECTION 00 61 14
BOND NUMBER:4393378
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, Advanced Paving Acquisition, Ltd., known as "Principal" herein, and
9 SURETEC SURANCE COMPANY , a corporate surety
10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein
I l (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the
13 penal sum of NINE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED SEVENTY
14 SEVEN DOLLARS AND THI IV
RTY FE CENTS ($970,877.35), lawful money of the United
15 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and
16 truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
17 jointly and severally,firmly by these presents:
18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the
9 19 15 day of October, 2013, which Contract is hereby referred to and made a part hereof for all
20 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
22 designated as HMAC SURFACE OVERLAY(2013-15), 02162.
23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
RIP 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
CITY OF FORT wORTII hNIAC.SIJRFACF.OVERLAY(2013-15)
STANDARD CONSTRUCTION SPECIFICATION DOCUNtFNTS 02162
Revised July I,2011
i
0061 14-2
PAYMENT BOND
Page 2 or
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 29TH day of
3 OCTOBER ,20 13
4
PRINCIPAL:
ADVANCED CO.
ATTEST: �)Y�
(Principal)Secretary Name and Title
Address: 2257 Joe Field Rd.
° Dallas,TX 75229-3326
PO Wltnes as to Pr"" ��
�. ipal
MY SURETY:
SURETECINSURANCECOMPANY
�.e
h ATTEST: BY
Signature
00 A
V.DeLene Marshall,Attorney-in-Fact
(Surety) Secreta Name and Title
Address: 1330 Post Oak Blvd.,Suite 1100
Houston,TX 77056
Witness as to Surety
Telephone Number: 866-732-0099
5
6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
8 address is different from its mailing address, both must be provided.
9
10 The date of the bond shal I riot be prior to the date the Contract is awarded.
1 I END OF SECTION
r�
12
CITY OF FOR r wwri-i I WIAC SURFACE OVERLAY(2013-15)
1NP STANDARD CONSTRUCTION SPFCIT:ICATIONDOCUMENTS 02162
Revised July I,2011
J
0061 l9-1
MAINTENANCE BOND
Page I of 3
ISSUED IN FOUR(4)COUNTERPARTS
1 SECTION 00 61 19 BOND NUMBER:439337$
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TAR.RANT §
7
8 That.we Advanced Paving Acquisition,Ltd., known as "Principal" herein and
9 SURETEC INSURANCE COMPANY a corporate surety(sureties, if more than
10 one)duly authorized to do business in the State of Texas, known as "Surety" herein(whether one
I t or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as"City" herein, in the sum of NINE
13 HUNDRED SEVENTY THOUSAND EIGHT HUNDRED SEVENTY SEVEN DOLLARS
14 AND THIRTY FIVE CENTS ($970,$77,35), lawful money of the United States, to be paid in
I
tS Fort Worth,Tarrant County,Texas, for payment of which sum well and truly be made unto the
16 City and its successors, we bind ourselves,our heirs, executors, administrators, successors and
17 assigns,jointly and severally, firmly by these presents.
18
19 WHEREAS,the Principal has entered into a certain written contract with the City awarded
20 the 15 day of October,2013, which Contract is hereby referred to and a made part hereof for all
Pol 21 purposes as if fully set forth herein, to furnish all materials,equipment labor and other accessories
22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly
23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and
24 designated as HMAC SURFACE OVERLAY (2013-15), 02162; and
25
�R
26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
27 accordance with the plans,specifications and Contract Documents that the Work is and wil I
28 remain free from defects in materials or workmanship for and during the period of two (2) years
29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and
PRO 30
31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon receiving notice frorn the City of the need thereof at any time within the Maintenance
33 Period,
sD 34
CITY OF FORT WORT11 "1INIAC S,tJRFACE OVERLAY(2013-15)
STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS 02162
Revised July I,2011
�
�
� 0061 19-2
�
MAINTENANCE BOND
Page zv[3
� \ NOW THEREFORE, the condition o[this obligation is such that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City, to a completion
3 satisfactory hw the City, then this obligation shall become null and void; otherwise tnremain in
4 full force and effect.
5
~ 6 PROVU[)ED^ HOWEVER, if Principal oho|| fail so to repair or reconstruct any tbnnlv
7 noticed defective Work, itio agreed that the City may ouo.so any and all such defective Work to
� 8 be repaired and/or reconstructed with al I associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond; and
� |V
\l PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
�
12 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort
13 Worth
�
\4
�
15 PROVIDED FURTHER,that this obligation uhaU be continuous in nature and
16 successive recoveries may h* had hereon for successive breaches.
�
|?
�& \8
�
|V
20
� 2|
22
l}
� 24
� %5
�
26
27
�
�
�
cKvDr. 0»TwORn I |MAC SURFACE OVFRLxv(20)3-|5)
JTANW\R000ws rnmJ|0w SPECIFICATION IX)CoNIENT ` 02162
Revised July 1.2011
0061 19-3
MAINTENANCE BOND
Page 3 of 3
I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 29TH day of
3 _ OCTOBER, 20 13
4
5 PRINCIPAL:
6 ADVANCED PAV
7 __. w . —
3 8
9 �a:
to ignatwe
11 ATTEST:
12 9
..„
14 (Principal)Secretary Name and Title
OWN 15
16 "� Address: 2257 Joe Field Rd,
17 TX 75229-3326
MW
d. 1
18
r Ir
20 Mess as to P ..
i9 "
21 SURETY:
T 22 SURETEC INSURANCE COMPANY
Y
25 BY.
lip 26 Signature
27
28 V.DeLene Marshall,Attorney-In-Fact
A 29 A E ST: Name and Title
30
31 j(/� Address: 1330 Post Oak Blvd.,Suite 1100
..........
32 (Surety)Secret, Houston,TX 77056
33
35 Witness as to Surety Telephone Number: 866-732-0099
36
37 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract
38 from the by-laws showing that this person has authority to sign such obligation. If
39 Surety's physical address is different from its mailing address, both must be provided.
40 The date of the bond shall not be prior to the date the Contract is awarded.
41
CITY OF FORT wORTIi 'f141AC SURFACE OVERLAY(2013-15)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162
Revised July 1,2011