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Home My WebLink AboutContract 43570 AAM 0 r 1 ✓°%/i��%l/�i��fit��/ail;, ,� r � c ; rr?rrl�lrl l/l//rRrRrrYRrl/G�2r Onr MPF[U(I/o/rG'IAIN./Il��R IR(lR lR lrtl mfll Rl rtrtR P�Afrt�f P�RNAU�I6f 7RrtRNldAkR lmOdldd��IdldllRf�flm0l� G. I I I �I I I I I 6 � I �r� I i a Will f i I � i FIGRT ORTH Pr PROJECT MANUAL l l FOR THE CONSTRUCTION OF HMAC SURFACE OVERLAY (2012-15) At Various Locations Opt City Project No. 01,9,23 f, Betsy Price Tom Higgins Mayor City Manager l Douglas W. Wiersig, P.E. Director, Transportation and :public Forks Department I Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2 .2 POP- 005243-1 y A e 7cent ® Page I of 4, l SECTION 00 52 43 2 AGREEMENT 3 4 S AGREEMENT, authorized, on �. l2.2012 is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authofized City Manager, 6 ("City"), and PEACHTREE CONSTRUCTION LTD., authorized to do business _n Texas, 7 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: 10 Article 1.WORK I l Contractor shall complete all work as specified or indicated in the Contract Documents for the 12 Project identified herein. V tug 13 Article 2,PROJECT CT 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 A. 17 FMAC SURFACE OVERLAY 2012- psi t 19 01 923 20 l Article 3,CONTRACT TEWE 23 3.1 Time i's of the essence. 4 All time limits for Milestones, if any, and ;Final Acceptance as stated in the Contract. 5 Documents are of the essence to this Contract. .2 Final Acceptance. The work will be complete for Final Acceptance within 150 Calendar days after the date when the Contract Time commences to run as pro° ided rr Paragraph 2.03 of the General 9 Cond itions. o 3.3 Liquidated damages 1 Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed, within,the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with, Article 12 of the 34 General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proven"g in a legal proceeding the actual loss suffered by the City if the Wort is not completed on time. Accordingly, instead of requiring any such proof, Contractor 37 agrees that as liquidated damages for delay (but not as a penalty, Contractor shall pay 38 City Four Hundred and Twenty Dollars 6 for each day that expires after the time 9 specified in Paragraph 12 for Final Acceptance until the City issues the Final Letter of 40 Acceptance.. CITE'OF FONT WORTH HMAC SURFACE OVERLAY(2012-15) STANDARD C'ONST'RUCTION SPECIFICATION DOCUMENTS 01923 Revised November 9,2011 PIP, 5'2 43-2 Agoyeement Page 2 of 4 41 Arficle 4. CONTRACT PRICE 42 City agrees to ay Contractor for performance of the Work in accordance with the Contract 4 Documents an amount i current funds of ONE LL TWO ' ' 44 EIGHT THOUSAND NINE HUNDRED TWELVE o LA S AND TRIRTY CENTS 4 g 12.30 46 Arficte 5.CONTRACT OCU NTS 48 A. The Contract Documents which eompirlse the entire agreement between City and 49 Contractor concerning the Work consist of the folio : 50 1. This Agreement. 51 2. Attachments to this Agreement.- 52 a. Bid Form 53 ) Proposal Fo 4 Vendor Compliance to State Law Non-Resident Bidder 55 : re ual ifcation Statement 56 4 State and Federal documents(project specific 57 b., Current Preval 1l g Wage Rate Table 58 c. Insurance CO Form(s) 9 d. Payment Bond e. Performance Bond 1 1 f': .arntenance on 2 g. Power of Attorney for the Bonds 3 h. Worker's Compensation Afflidavit 4 1. MWBE Commitment Form 5 3. General Conditions. 66 4. Supplementary t ondition,s. 7' Specifications specifically made a part of the Contract Documents y attachment ors if not attached, as incorporated y reference described t Table of 9 Contents of the P'roject's Contract:Documents. 6. Drawings,. 71 7. Addenda- 2 8. Documentation submitted by Contractor prior to Notice of Award. 70 3 9. The following, which may be 'elivered. or issued after the Effective Date of tie 4 re rnent and, f issued, become an inco orated' part of ti e Contract Documents: 5 a. Notice to r cee . .r Field Orders. 7 c. Change Orders. d. Letter of Final Acceptance. 9 CITY OF FORT WORTH ,C SURFACE OVERLAY(2012-15), STANDARD CONSTRUC710N SPECIFICATION DOCUMENTS 01923 Revised November 9,2011 PIN J 005243-3 Agreement Page of s Article . MENMVICATION 1 6,1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 82 expense, the city, its officers, servants and employees, from and against any and all 83 claims a . ing out of or alleged to arise out of, the work and services, to be performed IMP 4 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 5 under this contract. This indemnification rovision is siDecifica intended to operate and be effective even if it is all or rowen that all or some of the d�m� e� bein 7 sought were caused, in whore or in art b an act,omission or ne li ence of tle ei 8 This indemnity provision is intended to include, without limitation, indemnity for 9 costs,expenses and legal fees incurred by the city in defending against such claims and 910 causes of actions. 91 92 6.2 Contractor covenants and agrees to indemnify and .hold harmless, at its own expense, 93 the city, its officers,servants and employees,from and against any,and all loss,damage 94 or destruction of property of the city,arising,out of,or alleged to arise out of,the work 95 and services to be performed by the contractor, its officers, agents, employees, 96 subcontractors, licensees or invitees under this contract. This indemnification rovision i�s sped intended to o crate and be ef�" etive even if it is MlUeed or 8 proven that all or some of the dan a gl beipa sought were caused in whole,or in art 99 by apy amt omission or ne li tnce of the ei 10 101 Article 7. MISCELLANEOUS 102 7s 1. Term s. 103 Terms used in this Agreement which are defined in Article l of the General Conditions will 104 have the meanings indicated in the General Conditions. 105 7.2 Assignment of Contract. lob This Agr ��auent, including all of the Contract Documents may not be a.ssig�ned by the POP 107 Contractor without the advanced express 'tten consent of the City. 108 7.3 Successors and Assi .ns. 109 City and Contractor each binds itself, its partners, successors, assigns and legal 110 representatives to the other party hereto, in respect to all covenants, agreements and 111 obligations contained in the Contract Documents. 112 7.4 Severability. 113 Any provision or part of' the Contract Documents held to be unconstitutional, void or 114 unenforceable by a court of competent jurisdiction shall be deemed stricken and all 115 remaining provisions shall continue to be valid and binding upon CITY' and 116 CONTRACTOR. 117 7.5 Governing Law and venue. '118 This Agreement, including all of the Contract Documents is performable in the State of 119 Texas. venue shall be Tarrant County, Texas, or the United States District Court for the 120 Northern District of Texas, Fort Worth Division. CITE'"OF FORT WORTH HMAC SUFA.CE OVERLAY(2012-I5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01923 Lied November 9,„2011 005243-4 Agreement pl Page 4 of 12 7.6 Other Provisions. W 122 The Contractor agrees to pay at least rl in4num gage per hour for all labor as the same is 123 classified, promulgated and set out by the City, a copy of which is attached hereto and 24 made a part hereof the same as if it were copied verbatim herein. 125 7.7 Authority to Sign. 126 Contractor shall attach evidence of authority to sign Agreement, if other than duly 1.27 authorized signatory of the Contractor. 128 12 9 IN WITNESS WHEREOF,, City and Contractor have executed this Agreement in multiple MI '130 counterparts. 131 132 This Agreement is effective as of the last date sued' by the Parties ("Effective Date"'). 3 3 Cony .. City of Port Worth �q REE CO STR I NON,LTD. BY:PEACHTREE INIERNAIDNAL,LLQ,GENERAL PARTNER By: MOR Fernando Costa : Assistant City Manager S1 ature Date r J.BARRY CLARK Attest: � (Printed Name) Mary J. City �, � � j City Se eta , %()yo, (Seal) ID PIP Title.- PRESIDENT 0 0 Address: 5801 PARK VISTA CIR. ` 0 0 0 00 t M&C -icy Date: 7 /2 4 11z. I "-T ,, C i State i � � . � � �� Approved as to Form and Legality: 1W 011 lop M__ d1t Nct�Z4_4_/ Date _ I ougla.s W. Black Assistant City Attorney 134 135 136 APPROVAL RECOMMENDED.- 137 A 138 OFFICIAL 139 SCR�` R _.�_a_ �L 14 TX Douglas . Wlers g, P.E. 141 FTs 142 Transportation and Public Works 143 CITY OF FORT WORTH HMAC SUR—FACE OVERLAY(2012-15) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01923 Revised November 9,2011.