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HomeMy WebLinkAboutContract 43492 /�,.r I W i ��� i� .ant„r� m w�, �I � � " y /� P,6� � �� "III � I; ,; ,, F � J p r �� W� ,� /,,. i � I � i d„� 1 �� � I I I I � I j � I i v��rr V �' a � r „�, �N k�,',, � � � �a v �{ � Y � � A+ m �� ��" >,,� ��yl��i r// Y i �' 1, �I� ,.ii � ( ��( i � �it "„ I,,; ;s "�� ,I,,,F. ;, „�' YY �. � � ��. i �.. � � I., is i i �, I� i I i i �I i � `, � I �. �. � � '. I i i I I ', i i i j i Ii I i i i i i i � � I I i I i ,,� I „� � �� „,, �� I� i � i � i i I �, i �i � i i i I �i I � i � i i i � i t .y i ,,� ',.. � «w� I � gar � i � ,� i � � i �: „� i � � i I � I m� m�+ �� W i 1 I i � � i ! � � ,. ,. ,, �� ^` t= ,,,, ,�,, I i � " i I� 1 005243--1 Agnement M, Page I of 4 SECTION 00 52 43 V, AGREEMENT 3 4 THIS AGREEMENT, authorized on Jully 17, 2 12 is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ` ity" , and B CONTRACTING, 1.LC authorized to do bus mess in Texas, acting by and 7 throe *i s duly authorized representative, ("'Contractor"). 8 City d Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows Article 1.WORK It Contractor shall complete all Work as specified or indicated 'in the Contract Documents, for the 12 Project identified herein. 3 Ar c e 2.PROJECT 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 HMAC SURFACE OVERLAY.,(2,012-16 19 01926 1,, 2 22 Article 3,CONTRACT 23 3.1 Time is of the essence. 24 All, time limits for Milestones, if any, and Final Acceptance as stated in the Contract 25 Documents are of the essence to this Contract. )° 26 3.2 Final Acceptance. 27, The Work will be complete for Final Acceptance within 1.20 Calendar dais after the date 2 provided Paragraph 2.03 of the General. when the Contract Time commences to run as 29 Conditions. 30 3.3, Liquidated damages 1 Contractor recognizes that time is of the essence of this Agreement a nd that C1 ty mill 32 suffer financial loss if the Work is not completed within the times specified in Paragraph r 3 �,2 above, plus any extension thereof allowed in accordance with Article 12 of the 4 General Conditions. The Contractors also recognizes the delays, expense and difficulties 35 involved in proving in a legal proceeding the actual loss suffered by the City if the ''work p time. Accordingly, instead of requiring any such p actor ��� �s not completed on � � roof, Contractor agrees that as liquidated da n.ages for delay (but not as a penalty), Contractor shall pay 38 City Four Hundred and Twenty Dollars ($42.00) for each day that expires after the tie specified in paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.. ' CITY OF FORT WO STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0 926 Revised Novembeir 9,2011. PIP 00524_ 2 Agreement Page 2 of 4 41 Article 4., CONTRACT PRICE in �4 City agrees to pay Contractor for performance of t e Work � the Contract 43 Documents an amount in current funds of NI NF HUNDRED SIXTY SIX THOUSANDl ON 44 EIGHTEEN DOLLARS AND VENT FIVE CENTS($L66.2118,2n* 45 Article 5. CONTRACT DOCUWNTS 46 5.1 CONTENTS:, A. The Contract Documents which comprise the entire agreement between City and 48 Contractor concerning the Work consist of the following: 49 L This Agreement. 50 2. Attachments is to this Agreement.- 51 a. Bid Foy 5 . Proposal For 53 2 Vender Compliance to State Law Non-Resident Bidder 54 3 Prequ .l ificativn Statement 55 4 State and Federal documents(projeerspecific) 56 b. Current Prevailing Wage e to Table Insurance ACORDl Form(s) a d. Payment Bend 5 e. Performance Bond 60! f. Maintenance Bend 61 g. Power of Attorney for the Bonds I/Pp 62 h. Workers Compensation Affidavit 3 1. MVVBE Comm it ent Form 64 1 General Conditions. PIP 65 4. Supplementary Conditions. 66 5. Specifications specifically made a part of the Contract Documents by attachment 67 or, if not attached, as incorporated by reference and described in the Table of 68 Contents of the Project's Contract Documents. ir 69 6. Drawings.. 70 7. addend .. 71 8. Documentation submitted by Contractor prior to Notice of Award. 72 9. The following which may be delivered or issued after the Effective ate of the r� 73 Agreement and, if issued, become an incorporated Part of the Contract Documents: 4 a. Notice to Proceed. 75 b. Field Orders. 76 c. Change Orders. 77 d. Letter of Final Accep ee. 78 CITY OF FORT WORTH HMAC SURFACE OVERLAY(201246) STANDARD CONSMUCI,ION SPECIFICATION DOCUMENTS 0192 Revised November 9.2011 F i Agreement Page 3 of 4 Article 6,, 1"EMNIFICATION film 80 6.1 Contractor covenants and agrees to indemnify, bold harmless and defend, at its own 1 expense, the city, its officers, se a is and employees, from and against any and all 8,2 claims ansing out of, or alleged to arise out o�f, the work and services to be performed 1;,,1 83 by the contractor, its officers,s, agents, employees, subcontractors.,,ctors, licenses or invitees under this contract. This indemnification provision s I cciflcall intended to o cratre 5 and be effective even if it allSged,or proven that all or some, of the dam, �es being souaht were doused In whole or in curt l an act onrl��lon or nee lui �ence of the ci . This indemn rove . # include, without limitation, 'indemnity for costs,expenses and legal fees incurred by the city in defending against such claims and causes of actions. 90 91 6.2 Contractor covenants and agrees to indemnify and bold harmless, at its own expense, P IM 2 t city,its office ,servants and employees,from and against+e puny and all loss',damage 3 or destruction of property of the city,arising out of or,alleged to,arise out of the wort and services, to be performed by the contractor, its officers, agents, employees, O subcontractors, licensees or invitees under this contract. This indemnification 96 Provision pus � cif call intended to o � �e Fund he effective even 'f t s a�le +ed or 97 proven that all or some of the damaM being soujaht were caused in who or il art by any act omission or n ll per cue of the cityl loo Article 7. .f C L FOB'S f 101 7.l Tenns. 102 Terms used in-this Agreement which are defined in Article l of the General Conditions will 103 have the meanings indicated in the General Conditions. 104 7.2, Assignment of "ontract. 105 This, Agreement, including all of the Contract Documents may not he assigned by the lip, 106 Contractor wit out the v unced express ittcn content of the City. 107 7.3 Successors and Assigns. 108 City'' and Contractor each hinds itself, its partners, successors, assigns and legal. 109 representatives to the other party hereto, in respect to all covenants, agreements and 110 obligations'contained in the Contract Documents. 11.1 7.4 Scvcrability. 112 Any provision or part of the Contract Documents held to be unconstitutional, void or 11 uanenforceable by a court of competent Jurisdiction shall be deemed stricken and all 114 remaining provisions shall, continue to be valid and binding upon CITY and 115 CONTRACTOR. 116 7.5 Governing Law and Venue. 11 This Agreement, incluuding all of the Contract Documents is perfo able n the State of 118 Texas. venue shall be Tarrant County, Texas, or the United States District Court for the 119 Northern District of Texas,Fort Forth Division. r CITY OF FORT WORI`H ffM,AC SURFACE OVERLAY(2012-16' STANDASUD CONSTRUCTION PECIFfC '",rION DOCUMENI S 01926 Revised November 9,2011 005243-4 Agreement 120 7.6 Other Provisions. 121 The Contractor agrees to pay at least minimum wage per hour for all ah r as the, same pus 1.22 classified, promulgated and set out by the City, a copy of which is attached hereto mid 123 made a part her of the same as if t were copied verbatim herein. u 124 7.7 Authon*ty to Sign. 125 Contractor shall attach evidence of authority to sign Agreement, if other than duly 126 authorized signatory of the Contractor. 1 128 IN SS WHEREOF, City and Contractor have executed this, Agreement in. multiple 129 counterparts. 1 131 This Agreement is effective as of the last date signed by the Parties("Effective,Date"). 1 Contractors City f Fort Worth c c , LLB By*7 ............ Fernando Costa Assistant City Manager (Signature) Date ao jamPC_ H, inh Nt "�` ,W'W"I V Nmr 1W 'Wool a F Attest..-- Name per, , City Secretary %,L- 0 0 Seal P 0 Title: Ad 0 Ad dress: `0 O0 4( M ICY Date.- r City/State/zip Approved to,Form and Legality VLA W Date D1 olug1 s W. Black Assistant City Attorney 133 134 y! 135 AP w RECOMMENDED: 137 OFFICIAL RECORD 138 1,39 , 140 DIRECli, IT 1 141 Transportation and Pubilic W Vks 14 CITE'OF FORT WORTH HMAC SURFACE OVERLAY 2012.16 STANDARD CONSTRUCTION SPECIFICATION 13O�.UMNTS 01926 Revised November 9,2011.