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HomeMy WebLinkAboutContract 46825 CITY SECRETARY ZIONTRACT N4. 4U Z7-t; oo5243-1r Agreement Page 1 of 3 1 SECTION 00 52 43 2 AGREEMENT FOR EMERGENCY REPAIR SERVICES 3 4 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule 5 municipality acting by and through its duly authorized City Manager, ("City"), and Conatser 6 Construction TX, LP, a corporation authorized to do business in Texas, acting by and through its 7 duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual 8 covenants hereinafter set forth, agree as follows: 9 Article 1. WORK 10 Beginning on May 15, 2015 Contractor shall excavate as necessary and replace approx. 145 linear 11 feet of 30-inch sanitary sewer main at 6801 Randol Mill Road to repair existing sanitary sewer 12 main(M-253)(the"Work"). 13 Article 2.PROJECT 14 On May 11, 2015, an existing sanitary sewer main (M-253) collapsed at 6801 Randol Mill Road. 15 The collapsed segment of M-253 was buried by approximately 20 feet of fill material requiring 16 enhanced excavation techniques in order to reach the collapsed line. 17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on 21 the jobsite until the replacement 30-inch sanitary sewer line is installed and functioning properly. 22 The City expects the Contractor to have a sense of urgency to complete the Work in a timely 23 manner. 24 Article 4. CONTRACT PRICE 25 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an 26 amount up to Two Hundred Sixty Thousand Dollars ($260,000.00). This figure may be amended 27 up or down as final invoices are received. 28 Article 5. CONTRACT DOCUMENTS 29 5.1 CONTENTS: 30 The Contract Documents which comprise the entire agreement between City and 31 Contractor concerning the Work consist of the following: 32 1. This Agreement. 33 2. Exhibits to this Agreement: 34 a. Invoice(s)(as received) 35 b. Evidence of Current Insurance 36 c. Current Prevailing Wage Rate Table incorporated by reference. 37 3. General Conditions incorporated by reference 38 4567 rl,3 9,, . 'a a� REC�IV ED � OFFICIAL RECORD J&-2 2015 CITY SECRETARY c1T'(of FOR'ti'1�w H FT.WORTH,TX `moo CITY SECRE( 6999 � b ' 00 52 43-2 Agreement Page 2 of 3 40 Article 6. INDEMNIFICATION 41 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 42 expense, the city, its officers, servants and employees, from and against any and all 43 claims arising out of, or alleged to arise out of, the work and services to be performed 44 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 45 under this contract. This indemnification provision is specifically intended to operate 46 and be effective even if it is alleged or proven that all or some of the damages beim 47 sought were caused, in whole or in part, by any act, omission or negligence of the city. 48 This indemnity provision is intended to include, without limitation, indemnity for 49 costs, expenses and legal fees incurred by the city in defending against such claims and 50 causes of actions. 51 52 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 53 the city, its officers,servants and employees, from and against any and all loss, damage 54 or destruction of property of the city, arising out of,or alleged to arise out of, the work 55 and services to be performed by the contractor, its officers, agents, employees, 56 subcontractors, licensees or invitees under this contract. This indemnification 57 provision is specifically intended to operate and be effective even if it is alleged or 58 proven that all or some of the damages being sought were caused, in whole or in part, 59 by any act, omission or negligence of the city. 60 61 Article 7. MISCELLANEOUS 62 7.1 Terms. 63 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 64 have the meanings indicated in the General Conditions. 65 7.2 Assignment of Contract. 66 This Agreement, including all of the Contract Documents may not be assigned by the 67 Contractor without the advanced express written consent of the City. 68 7.3 Successors and Assigns. 69 City and Contractor each binds itself, its partners, successors, assigns and legal 70 representatives to the other party hereto, in respect to all covenants, agreements and 71 obligations contained in the Contract Documents. 72 7.4 Severability. 73 Any provision or part of the Contract Documents held to be unconstitutional, void or 74 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 75 remaining provisions shall continue to be valid and binding upon CITY and 76 CONTRACTOR. 77 7.5 Governing Law and Venue. 78 This Agreement, including all of the Contract Documents is performable in the State of 79 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 80 Northern District of Texas,Fort Worth Division. 005243-3 Agreement Page 3 of 3 81 7.6 Other Provisions. 82 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 83 classified, promulgated and set out by the City. 84 7.7 Authority to Sign. 85 Contractor shall attach evidence of authority to sign Agreement, if other than duly 86 authorized signatory of the Contractor. 87 88 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple 89 counterparts. At least one counterpart of each has been delivered to City and Contractor. 90 91 This Agreement will be effective as of the date Contractor first performed the Work contemplated 92 herein. 93 City of Fort Worth Contractor: Conaster Construction TX, LP By: yr Fernando Costa B Assistant City Manager (SignatuT Title: Date t Ay^' J GJ VS dj%NL'7 (Printed Name) Date -7—) —15— Attest:J, Ae;j-to City Secreta Address: ��a7 (��vG1► 4a S� (Seal) 0 �Yt t,J o Al, 00 City/State/Zip: Approved as to Form and Le �OO�Gpp,pp00 7EXP Douglas W. Black Assistant City Attorney 94 M&C 95 Date 96 97 APPROVAL RECOMMENDED: 98 99 1.00 101 J;00 Carman 102 DECTOR, WATER DEPARTMENT 103 1 Throckmorton, Fort Worth, TX-76102 104 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX