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HomeMy WebLinkAboutContract 43408on CJ M W r-1 M M so 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 so W W on f on 005243-1 Agreement Page l of 4 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 W M M z* 005243 -2 Ag=mens Page:! 0l' 4 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: 44 a. Bid Form 45 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) 51 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 61 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. 68 b. Field Orders. 69 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 so Im am W 005243 -3 Agreement Page 3 of 4 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 ps W W W W 0 005243-4 agreement Page 4 of 4 113 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. M 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 'f- Of Fernando Co.cta By: (Signature) (Printed Name) Title: VXvtk V, Address: Q2- s 1 K Cas'Jet2 b� Date Anes City (Seal M &C _G 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): 129 �Ca \� Ci 134 1 131 0 ,r 132 :3 . Douglas Wierseg, + E P 133 ,n DIRECTOR, 134 n '°�� Trrmsporlation and Public Works 135 06. 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 ar Reriwd Navemfxr 09,101 1