HomeMy WebLinkAboutContract 48277 CITY SECRETARY t j
CONTRACT IMO. (� —
CITY OF FORT WORTH
OG
AGREEMENT FOR PAYMENT OF RETAINAGE ON NEW EVANS-ROSEDALE COMMUNITY FACILITY
AND
CLAIM FOR WARRANTY REPAIRS
This agreement, made and effective as of the date executed by the City's designated City Manager
("Effective Date"), is by and between the CITY OF FORT WORTH, a Texas home-rule municipal
corporation ("City") and West Roofing Inc. authorized to do business in the State of Texas, ("West
Roofing"). City and West Roofing may be referred to herein individually as a Party and collectively as the
Parties.
WHEREAS on February 4, 2014, the City executed City Secretary Contract No. 45415 with J.C.
Commercial, Inc. for the New Evans-Rosedale community Facility, City Project No. 01908 ("the Project");
and
WHEREAS West Roofing Inc.,was a subcontractor of J.C. Commercial, Inc. under City Secretary Contract
No. 45415; and
WHEREAS the City has terminated J.C. Commercial, Inc. pursuant to the terms of City Secretary Contract
No.45415; and
WHEREAS the City has not received warranties from West Roofing, Inc. and Firestone Building Products
Company (the roofing materials supplier) from J.C. Commercial, Inc, for the work performed by West
Roofing, Inc. under its subcontract with J.C. Commercial, Inc. for the work performed at the New Evans-
Rosedale Community Facility under City Secretary Contract No. 45415; and
WHEREAS the City has notified West Roofing, Inc. of roof repairs that are necessary that would be
covered by the warranty for work performed by West Roofing, Inc. on the Project; and
WHEREAS West Roofing Inc., has notified the City that J.C. Commercial, Inc. has not paid to West
Roofing, Inc. the amount of$4,377.50 for the work performed by West Roofing, Inc. under its subcontract
with J.C. Commercial, Inc. for the work performed at the New Evans-Rosedale Community Facility under
City Secretary Contract No. 45415; and
WHEREAS the City desires to pay West Roofing, Inc. the amount owed to West Roofing, Inc. by J.C.
Commercial, Inc. in exchange for the delivery of effective warranties from West Roofing, Inc. and Firestone
Building Products Company and the initiation of roof repairs that are covered by the warranty for work
performed by West Roofing, Inc. on the Project.
NOW THEREFORE for and in consideration of the above recitals and the provisions contained herein the
Parties agree as follows;
ARTICLE 1. SCOPE OF SERVICES
Upon receipt of payment from the City in the amount of$4,377.50, West Roofing, Inc. shall provide the City
with any and all warranties for work performed by West Roofing on the Project. West Roofing agrees to
perform repairs to the roof at the Project covered by West Roofing's warranty and shall have all work
performed by West Roofing inspected by Firestone Building Products Company and the City.
ARTICLE 2. CONTRACT COMPLIANCE
NEW EVANS-ROSDALE COMMUNITY FACILITY—WEST ROOFING WARRANTY CLAIM Page 1-of 4
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WEST ROOFING COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR CAUSES OF
ACTION ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, WHETHER SUCH CLAIMS
ARISE OUT OF CONTRACT OR TORT, SUITS FOR PROPERTY, WHETHER REAL OR PERSONAL,
LOSS OR DAMAGE, PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY,THE WORK AND SERVICES TO BE PERFORMED
HEREUNDER BY WEST ROOFING, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE
ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY; AND WEST
ROOFING DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND
RESPONSIBILITY OF THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR ANY
AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY WEST ROOFING,
ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES AND INVITEES OF THE CITY. WEST ROOFING LIKEWISE COVENANTS AND AGREES
TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY
AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF THE CITY DURING
THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,
WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR/N
PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES,INVITEES OF THE CITY.
ARTICLE 12. WAIVER OF CLAIMS
West Roofing agrees to waive any and all claims for payment against the City for work performed by West
Roofing on the Project pursuant to West Roofing's subcontract with J.C. Commercial, Inc. and this
Agreement. This waiver of claims shall not act as a bar to West Roofing from making any claims it may
have against JC Commercial, Inc. or its sureties.
IN WITNESS WHEREOF, the City and the Contractor have each executed and dated this instrument
through its duly authorized officers. If executed in multiple counterparts, each separate instrument shall be
taken together to create a whole.
WEST ROOFING, INC. CITY:
B BY:
Printed Name:/nILAJ e1c Jesus J. Chapa
Title: des/al Assistant City Manager
Date: /y- 7-- /<P Date:
NEW EVANS-ROSDALE COMMUNITY FACILITY—WEST ROOFING WARRANTY CLAIM Page 3 of 4
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APPROVAL RECOMMENDED: ATTEST: 000Qpaoo
By: L (17AZ By:
Gy-�, 8tev6totbke Mary J. ser
Director, Property Management Department City Secretary
APPROVED AS TO FORM AND LEGALITY: M&C: N IA-
Date:
By:
Richard A. McCracken JON J►w
Assistant City Attorney
OFFICIAL RECORD
CITY SECRE`ARV
NEW EVANS-ROSDALE COMMUNITY FACILITY—WEST ROOFING WARRANTY CLAIM Page 4 of 4