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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO.1
CONCRETE RESTORATION (2012 -10) AT VARIOUS LOCATIONS
PROJECT: GGOI- 537110 - 0202002
Addendum No. 1 Issued: March 07, 2012
Prospective Bidders are hereby notified of the following revisions:
Section 00 42 43, Proposal Form:
Bid list Item No. 0135.0101, Specification Section No. 0170 00, R_emohilixatL n,
should read:
Each (EA) instead of Lump Sum (LS) for "Unit of Measure ", Therefore, strike through
LS and replace with EA.
Bid list Item No. 0241.1000 Specification Section No. 02 4115 Remove Concrete
Pavement, should read:
17,540 (Seventeen Thousand Five Hundred) instead of 14,500 (Fourteen Thousand Five
Hundred) for "Bid Quantity". Therefore, strike through 14,540 and replace with 17,500.
The proposal form is attached.
Please acknowledge receipt Of this addendum by signing and inserting into your proposal
at the time of bidding. Failure to return a signed copy of this addendum may be grounds
for rendering the bid as nonresponsive.
Receipt Acknowledges:
By: JA Y.
TAA]QUL ISLAM, PROJECT MANAGER
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1 SECTION 00 52 43
2 THIS AGREEMENT, authorized on June 12 2012 is made by and between the City of Forth
3 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
4 ( "City "), and Vendigm Construction, LLC., authorized to do business in Texas, acting by and
5 through its duly authorized representative, ( "Contractor" ).
6 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
7 follows:
8 Article 1. WORK
9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
10 Project identified herein.
11 Article 2. PROJECT
12 The project for which the Work under the Contract Documents may be the whole or only a part is
13 gcnera lly described as follows:
14 CONCRETE RESTORATION (2012 -10) AT VARIOUS LOCATIONS
15 GGO 1 -539590-0202002
16 Article 3. CONTRACT TIME
17 3.1 Time is of the essence.
18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
19 Documents are of the essence to this Contract.
20 3.2 Final Acceptance.
21 The Work will be complete for Final Acceptance within 120 days after the date when the
22 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
23 3.3 Liquidated damages
24 Contractor recognizes that time is of the essence of this Agreement and that City will
25 suffer financial loss if the Work is not completed within the times specified in Paragraph
26 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
27 General Conditions. The Contractor also recognizes the delays, expense and difficulties
28 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
29 is not eompletcd on timc. Accordingly, instead of requiring any such proof, Contractor
34 agrecs that as liquidated damages for delay (but not as a penalty), Contractor shall pay
31 City Threc Hundred Fifteen Dollars ($315.00) for each day that expires after the time
32 specified in Paragraph 3.2 for Final Aeecptance until the City issues the Final Lcttcr of
33 Acceptance.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS
Revised November 09, 2011
CONCRETE RESTORATION (2012 -10)
GGO1- 537110- 0202002
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34 Article 4. CONTRACT PRICE
35 City agrees to pay Contractor for performance of the Work in accordance with the Contract
36 Documents an amount in current Funds of Eight Hundred Twenty Seven Thousand Seventy
37 Three Dollars and Zero Cents ($827,073.001.
38 Article 5. CONTRACT DOCUMENTS
39 5.1 CONTENTS:
40
A. The Contract Documents whieh comprise the entire agreement between City and
41
Contractor concerning the Work consist of the following:
42
1.
This Agreement.
43
2.
Attachments to this Agreement:
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a. Bid Form
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I) Proposal Form
46
2) Vendor Compliance to State Law Non - Resident Bidder
47
3) Prequalification Statement
48
4) State and Federal documents (project specific)
49
b. Current Prevailing Wage Rate Table
50
c. Insurance ACORD Form(s)
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d. Payment Bond
52
e. Performance Bond
53
f. Maintenance Bond
54
g. Power of Attorney for the Bonds
55
h. Worker's Compensation Affidavit
56
i. MWBE Commitment Form
57
3.
General Conditions.
58
4.
Supplementary Conditions.
59
5.
Specifications specifically made a part of the Contract Documents by attachment
60
or, if not attached, as incorporated by reference and described in the Table of
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Contents of the Project's Contract Documents.
62
6.
Drawings.
63
7.
Addenda.
64
8.
Documentation submitted by Contractor prior to Notice of Award.
65
9.
The following which may be delivered or issued after the Effective Date of the
66
Agreement and, if issued, become an incorporated part of the Contract Documents:
67
a. Notice to Proceed.
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b. Field Orders.
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e. Change Orders.
70
d. Letter of Final Acceptance.
71
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 09, 2011
CONCRETE RESTORATION (2012 -10)
[ rGO I - 537110- [1202002
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72 Article 6. ]INDEMNIFICATION
73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
74 expense, the city, its officers, servants and employees, from and against any and all
75 claims arising out of, or alleged to arise out of, the work and services to be performed
76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
77 under this contract. This indcmoification provision is specifically intended to operate
78 and be effective even if it is alleged or proven that all or some of the damages being
79 sought were caused, in whole or in part, by any act, omission or negligence of the city.
80 This indemnity provision is intended to include, withont limitation, indemnity for
81 costs, expenses and legal fees incurred by the city in defending against such claims and
82 causes of actions.
83
84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
85 the city, its officers, servants and employees, from and against any and all loss, damage
86 or destruction of property of the city, arising out of, or alleged to arise ont of, the work
87 and services to be performed by the contractor, its officers, agents, employees,
88 subcontractors, licensees or invitees under this contract. This indemnification
89 provision is specifically intended to operate and be effective even if it is al Zed or
90 proven that all or some of the damages being sought were caused, in whole or in part,
91 by anv act. omission or negligence of the city.
92
93 Article 7. MISCELLANEOUS
94 7.1 Terms.
95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
96 have the meanings indicated in the General Conditions.
97 7.2 Assignment of Contract.
98 This Agreement, including all of the Contract Documents may not be assigned by the
99 Contractor without the advanced express written consent of the City.
loo 7.3 Successors and Assigns.
101 City and Contractor each binds itself, its partners, successors, assigns and legal
102 representatives to the other party hereto, in respect to all eovenants, agreements and
103 obligations contained in the Contract Documents.
104 7.4 Severability.
105 Any provision or part of the Contract Documents held to be unconstitutional, void or
106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
107 remaining provisions shall continue to be valid and binding upon CITY and
108 CONTRACTOR.
109 7.5 Governing Law and Venue.
110 This Agreement, including all of the Contract Documents is performabie in the State of
Ill Texas. Venue shall be Tarrant County, Texas., or the United States District Court for the
112 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 09, 2011
CONCRETE RESTORATION (2012 -10)
Ci(Al- 537110-0202002
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113 7.6 Other Provisions.
114 The Contractor agrees to pay at least minimum wage per hour for ail labor as the same is
1I5 classified, proraulgaled wid set out by the City, a copy of which is attached hereto and
115 made a part hereof the same as if it were copied verbatim herein.
117 7.7 Authority to Sign.
118 Contractor shall attach evidence of authority to sign Agreement, if other than duty
119 authorized signatory of the Contractor.
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121 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
122 counterparts.
123
124 This Agreement is effective as of the last date signed by the Parties ("Effective Date ").
125
Contractor. City of Fort Worth
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By:
(Signature)
(Printed Name)
Title: VXvtk V,
Address: Q2- s 1 K Cas'Jet2 b�
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Date: 6 [Z I L
Ci IState/Zi .- fyv V.tQ 6 -xI FL rov Form and Legality -
Date Douglas W. !ac
Assistant City Attorney
126
127
128 m Co APPROVAL RECOMMEN DEi):
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,r 132 :3 . Douglas Wierseg, + E
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133 ,n DIRECTOR,
134 n '°�� Trrmsporlation and Public Works
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so OFFICIAL RECORD
CRY OF FORT WORTH CITY SECRETARY 'ONCKETE RESTORATION (2012 -10)
S TANDAR D CONSTRUCTION 5PFClFICATION DOCUMENTS T. WORTH, '� GC01.5371 i0.0202OG2
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