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Home My WebLink AboutContract 43476 r , y ??pp „ L dll uIN ei IF i I P� i r�UKTWOKTH' 11/wilp PROJECT MANUAL, FOR THE CONSTRUCTION OF Jr HMAC SURFACE OVERLAY (2012-,8) At Various Locations W/ City Project No. O�190�6 r r lr�'/pr Betsy Price Tom Higgins Mayor Oty Manager Doug,las W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared by The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2012 r r I ... . .................. ........ 005243- I Agreement Page I of 4 SECTION 00 52 43 2 AGREEMENT 3 4 TMS AGREEWNT, authorized on July 10, 2012, is made by and between the City of Forth 1011p, 5 Worth, a Texas home rule municipality, acting by and through "Its duly authorized City Manager, 6 ("City"')�, and Advanced Paving Acguisitl'on,,Ltd.,,, authorized to do business in Texas, acting, by 7 and through its duly authorized representative, ("Contracto�r"). WTI 8 City and Contractor, in Consideration of the mutual covenants hereinafter set forthl agree as 9 follows. 10 Article 1. WORK, -nplete all Work as specified or indicated in the Contract Documents, for the 1.1 Contractor shall cot 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 1,51 generally described as follows: 16 A. 17 HMAC SURFACE OVERLAY,('2012-8), 18 19 0 1906 20 2 1 22 Article 31. CONTRACT TIME pip 23 31.1 Time is of the essence. 24 All time lirnits, fo�r Milestones,, if any, and Final Acceptance as stated in the Contract 25 Documents are of flie essence to this Contract. 26 3.2 Final Acceptance. 27 The Work wili be complete for; Final. Acceptance within, 90 Calendar days afterthe date 28 when the Contract I ime commences, to run as provided in, Paragraph 2,.03 of the General 29 Conditions. 3�O 3.3 Liquidated damages 31 Contractor recognizes that time is of the essence of this Agreement and that City wil 32 suffer; financial lo�ss, if the Work is not completed within the times specified in, Paragraph 33 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 an,d difficulties 35 involved in proving in a legal proceeding the actual loss suffer�ed by-the City if the Work 36 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 Three Hundred an.d Fifteen J$315.00), for each day that expires after the time 39 specified In Paragraph 3.2 for Final Acceptance until, the City issues, the Final Letter of 40 Acceptance., PIP CITY'OF FORT WORTH HMAC SUR-FACE OVERLAY(2012-8) STANDARD CONSI`RUC`FION SlIECIFICATION DOCUMENI'S 019,06, Revised November 9,2011 P", M,,R 005243-2 Agreement Page 2 of 4 41 Article 4. CONTRACT'PRICE 42 City agrees to pay Contractor for performance of the Work in accordance with the Contract 43 Documents an amount in cuffent funds of SIXHUNDRED THIRTY TWO THOUSAND 44 THREE,HUND:RED: .FIEFTY DOLLARS AND TWENTY CENTS,,($63.2,3 low, 45 Article 5�. CONTRACT DOCUMENTS 46 51.1 CONTENTS-. 101 PIP 47 A. The Contract Documents which comprise the entire agreement between City and 48, Contractor concerning the Work consist of the following: 49 1.. 'This Agreement. -yreement: 50 2. Attachments to this Ag 51 a. Bid Form 52 1) Proposal Fon-n 53 2) Vendor Compliance to State Law Non-Resident Bidder 54 3) Prequalification Statement 55 4) State and Federal documents(project specific) 56 b Current P�reval ling Wage Rate Table 57 c. insu rance ACOR-D- Fon-n(s), 5,8 d. Payment Bond, 59, e. Performance Bond 60, f. MaintenanceBond 61 g. Power of Attorney for the Bonds 612 h. Worker's Compensation Affidavit 63, i. MWB,E Commitment Form 64 3. General Conditions. 65 4. Supplementary Conditions,. 6,6 5. Specifications specifically made a part of the Contract Documents by attachment 1� * - 67 or if not attached, as incorporated by reference and described in the Table of 68 Contents of the! Project's Co�ntract Documents. 619 16. Drawings. 70 7. Addenda. 71 8. Documentation submitted by Contractor prior to Notice of Award. 72 9. The following which may be delive�red or issued after the Effective Date of the 73 Agreement and, if issued, become an incorporated part of the Contract Documents: 74 a. Notice to Proceed. 75 b. Fie!ld Orders. 7'6 c. Change Orders. 77 d. Letter offinal Acceptance. 78 CITY OF FORT WORTH HMAC SURFACE OVERLAY(2012-8) STANDARD CONsTRUCTION SPECIFICATION DOCUMENJ S 01906 Revised Nolve!mb�e�r 191 2011 005243-3 Agreement Page 3 of 4 79 Article 6. INDEMNIFICATION 80 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 81 expense, the city, its officers, servants and employees, from and against any and all 812 claims arising out of, or alleged to arise out of, the work and services to be performed 83 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees ffically i op 84 tinder this contract. Thl*s: indemnification provision is sped ntende�d to _erate 815 and be effective even if it is allMed or en that all, or some of the damages being 86 son 0 a -ght were caused, in whole or in i)art, by any act, omission or negligence of the ci "M a 87 This indemnity provision "is intended to 'Include, without Himitation, indemnity for a 88 costs, expenses and legal feesincurred by the city in defending against such claims and 89 causes of actions. IM I I 90 91 6.2 Contractor covenants and agrees to 'indemnify and hold harmless, at 'its own expense,,, "M 9�2 the city,its officers,servants,and employees,,from and, against any and all loss,damage 93, or destruction of property of the city,arising out of,or alleged to arise out of., the work 94 and services to be performed by the contractor,, its, officers, agents, emp�loyeesi, A 95 subcontractors, licensees or invitees under this contract. Thi's indemnification 96 provision is,,specifficalty intended to operate and be effective even 'if 'it is alleged or 97 proven that all or some of the damages being sought were caused, in whole or in part, 0 a 98 by any act,,omission or neeligence of the 99 100 Article 7. MISCELLANEOUS 1,01 7.1 Terms. 1.02 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 103 have the meanings indicated 'in the General Conditions., 104 '7.2 Assignment of Contract. 1,05 This Agreement, including all of the Contract Documents may not be assigned by the 106, Contractor without the advanced express written,consent of the City. 107 7.3 Successors and Assigns. 108 City and Contractor each binds itself, its partners, successors, assigns and legal 109, representatives to the! other party hereto, in respect to all covenants, agreements, and H 0 obligations contained 'in the Contract Documents. 1,1. 7.4 Severabi'lity. 112 Any provision or part of the Contract Documents held to be 'unconstitutional, void or 143 unenforceable by a court or comp,ete!nt jurisdiction shal�l be deemed stricken and all H 4 remaining provisions, shall, continue to be valid and bm' ding upon CITY and 1,15 CONTRACTOR. 116 7.5 Governing Law and Venue!. 117 This Agreement, including all of the Contract Documents is perfomiab�le in the State of 118 Texas. Venue shall be Tarrant County', Texas, or the! United States District Court for the 11.9 Northern District of Texasjort Worth Division. CITY OF FORT WORTH HMAC SURFACE OVERLAY(2012-8) STANDARD CONSTRUCTION SPECMICATION DOCUMENTS 01906 Revised',November 9,,2011 F", 00 5i2 43-4 Agreement Page 4 of 4 120 7.6 Other Provisions. 121 The Contractor agrees to ay at least minimum wage per hour for all labor as the sarne is p 122 classified, promulgated and set out by the City, a copy of which is attached hereto and 123 made a, part hereof the same as if it were coIp,ie!d verbatim herem., '124 7.7 Authority to Sign. 12l5 Contractor shall atta-ch evidence oIf authority to sign Agreement, if other than duly Imp, 126 authorized signatory of the Contractor. 427 128 IN WITNFAIlSS WIE-AEOF1 City and Contractor have executed this Agreement in niultiple 1,29 counterparts. 130 131 This Agreement is effective!as of the last,date signed by the Parties("Effect i ve Date!"'). 132 ntractor: City of Fort Worth 111111111 10ill ON By. 41"M ---------------- Fernando Costa "0 I 0100 B Assistant City Manager L Sig-nature) :6c a Date 4c;r 100(>00 1C)OO 0 As i ell 0 00 �0j Attest.* �4 (Printed Namile) M�ry ser,, C i 'ecretairy 0 (S,eal) 0000000 Ask. -W 0 09 10l Title. VA. Address. M&C 7'� Date: bl, 1 Z- 1,01 Approved as to Form and Legality: Ci /'State/Zip. 0,1 e lop ............ I"M Date Douglas W. Black A I or�ney ss*stant City Att 133 134 "IR '135 APPROVAL RECOMMENDED: 136 137 X1. "HIN.CNIII' �AJI 138 1111 r11 I 139 JU IV,1115�1 HMSAIL Douglas&. Wiersig,P,.E. 140 Ho 0 3H WMIJAO DIRECTOR,, 141 Transportation and Public Works 1 M-1 142 OPP CITY OF FORT WORTH HMAC SURFACE OVERLAY(2012-8) STANDARD CONSTRUCTION SPECtFICATION DOCUMENTS 01906 Revised November 91,2011 11 WR