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Home My WebLink AboutContract 43493 � %,' // U ;, � � - m� i /` �. i � ,�^ i:. � i ��, =r� :., i�, il�' i I� ;; �� i f;,., i I� � � i � i � i i ,, ,�, �. �� ° �' e, �a ��t� �� ' �. r �, i� i4 d 1 �, �, �� 4YtlSk� �� f��f7��.�il�i i� �Y W�, r �; „, y � � � ', ,� � �� ,, '� ,,, ,� � �,,, � �, � � I � � � � � � � � � 'I i � .�i i I i wr � I �« e � i II �w i i !, i ,, � � ' i �, �'.. i i � � i ��I ' I �� i M i i �� ,, i �++ � � i � I i -� I � i I '.,. I our I '.. �. � � � err �� xw. � i i i � � � ., M m �i � �� "" i � ,1 � �� i � � i �" I � � '' ,� i, � � � I i �" I 005243-1 Agreement Page 1 of 4 SECTION 52 43 AGREEMENT 3 T S AGREEMENT, authorized can July 17, �Q12, 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, ("City"), acting by and through its dul.y authorized representative,("Contractor") ?O City and Contractor,r, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows, f 10 Article Contractor shall complete all Work as specified or indicated In the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work,under the Contract Documents may he the whole or ►nly a part is 15 generally described as follows, 16 A. 17 ffMAC S_ ACE OVERLAY (201.2-1.1 18 19 0192'1 21 22 Article 3.CONTRACT TIM 23 3.1 Time is of the essence. 24 All time limits por Milestones, if any, and Final Acceptance as stated in the Contract 25 Documents are of the essence to this Contract. P 26 3.2 Final Acceptance. 27 The Work mill. he complete for Final Acceptance within 12 Calendar days after the date 28, when the Contract Time commences, to run as provided in paragraph 2.03 of the General 29 Conditions. 30 3.3 Liquidated damages 31 Contractor recognizes that time is of the essence of this Agreement and that City will 32 suer financial loss if the Work is not completed within the tunes specified ire Paragraph. 33 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 34 G encral Conditions. The Contractor 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 36 is not completed on time. Accordingly, instead of requ raing any such proof Contractor 37 agrees that as liquidated damages for delay (hut not as a pwenalty), Contractor shall pay 8 City hour Hundred and Twenty Dollars($420.00) 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 Acceptance. CITY OF FORT WORTH 11MAC SURFACE OVERLAY(2o I 2-U) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01921 Revised November 9,2,011 J Agreement Page 2 of 41. Article 4.CONTRACT PRICE 42 City agrees to pay Contractor for performance of the Work in accordance with the Contract �� amount current funds of H i IN'T'E EIGHT THOUS 43 44 F T . 45 Article 5 CONTRACT OCU N'I'A' 46 5.1 CONTENTS MY 47 A. The Contract Documents which comprise the entire agreement between City and 48 Contractor concerning the Work consist of the foil lowing.- 49 1. This Agreement. 2. Attachments to this Agreement. 52 1 Proposal Form 53 2 Vend or Compliance to State Law Non-Resident Bidder 4 Pre qualification, Statement 55 4 State and Federal documents(projectvpecific) 6 b. Current Prevailing 'age Rate Table 57 c. Insurance ACORD Fonn(s) 58 d. Pay ent Band 59 e. Performance Bond f. Maintenance Bond 1 g. Power of Attorney for the Bonds 62 b. Worker's,Compensation Affidavit 3 1. MWBE Commitment Foniri ,4 1 General Conditions. . Supplementary Conditions. 6 5. Specifications ons spwec fically made a part of the Contract Documents by attachment 67' or,, if not attached, as incorporated by reference and described in the Table of 8 Contents of the Project's Contract Documents. . Drawings. 70 7'. Addenda. 71 8. Documentation submitted by Contractor prior to Notice of'Award. 72 9. The following which ay be delivered or 'Issued after the Effective Date of the 3 Agreement and, 1f issued,become an incorporated part of the Contract Documents: 74 a. Notice to Proceed. 75 b. Field Orders. 6 c. Change Orders. 7 d. Letter of Final .Acceptance. 8 1 ,. MY OF FORT WO1 TH HMAC SURFACE OVERLAY(2012- STANDARD CONSTRUCT ION SPECIFICATION I UMENTS 10 192 1 Revised November 9,20 i 00 52 43 Agreement i Page 3 of 4 Article h. o .f Contractor covenants and agrees to indemnity, hold harmless and defend, at its own so 1 expense, the city, its officers, stir aunts � p�loyees, from and against n aull. 82 claims arising out of or alleged to arise out of, the work and services to be performed. PIP i, �3 the contractor., 'Its peers, a nts employees,o ees, su eon tractors, licenses or, invitees, 84 under thYs contract. This *Indemnification tion ro is on s l ll intended to o era.te 85 and be effective every if it us alleged or roven that all or some of tie damages being sou lit mere carrused inu whole or in aurt h an acct omission or negligence of the ei 7 This indemnity provision is intended to include, without limitation, rode ni for 0 " costs,expenses and legal fees incurred by city in defending against such claims and caucuses of actions, 6.2 Contractor covenants and agrees to rode nib and hold harmless, at its own expense, 92 the city,its officers,servants,and employees,from and against any and all loss,damage 93 or destruction of proper of the city,ansing out of,or alleged to arise out of,the wort 94 and services to he performed by the contractor, its officers, agents, employees, 95 subcontractors, licensees or invitees under this contract. This indemnification provision ecfcaull intended to o crate and be effect�e evenft � alle ed or 9 roen that null or some of the dau hwei a ht ere cau ed in whole or in la�rt 9 I by anj net omission or nuegl.i enc..e of the 99 100 Article 7.MISCELLANEOUS 1 101 7.1 Terms. 102 Terms used in this Agreement which are defined In article I of the general Conditions well ,„ 103 have the meanings indicated in the General Conditions. 1 . 04 7.2 Assignment of Contract. 051 This Agreement, includ�m , all of the Contract Documents may not he ass,igned by the 106 Contractor without the advanced express written consent of they City. 107 7.3 Successors,anal'Assigns. r„ City! and Contractor each hinds itself, its partners, successors, assigns and legal 109 representatives to the other paw hereto, in respect to all covenants, agreements and 110 obligations contained the Contract Documents. 11 Yee bility. 112 Any provision or part of the Contract Documents held to be unconstitutional, void or 1,13 unenforceable by a court of competent jurisdiction shall be deemed stricken and all X114 remaining provis ions shall continue to be valid and binding upon CITY and 115 CONTRACTOR. 116 .5 Go verning Law and Venue. 117 This Agreement, mclud.i-ng all of the Contract Documents is performable in the State of IF 118 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 17/0 119 northern District of Texas, .Fort Worth Division. CITY OF FORT WORT14 HMAC SURFACE OVERLAY(2012-13) STANDARD CONSTRUCTION SPECWICATION DOCUMENTS 01921 Revised November 9,2011 0 5�2 43-4 Agreement :Page 4 of 1.20 7.6 Other Prow signs. 121 The Contractor ,agrees to pay at least minimum age per hoar for all labor as the same is 122 classified, promulgated and set out by 'the City, a copy of which is attached hereto and 123 made a Swart hereof the same as if it,were copied verbatim herein. M 1.24 7.7 Authority to Sign. 125 Contractor shall attach evidence of authority to sign Agreem e .t, f� � other than duly 1261 authorized signatory of the Contractor. 127 128 IN WITNESS WBEREOF, City and Contractor have executed this Agreement in multiple fNR1.2 counterparts. 1.30 131 This Agreement is effective as of the last t date signed by the Parties("Effective Date"). 132 Contractor. City of B Fernando Costa ., Assistant (S* T gatur Date ol IF101 . 0 0011", P Goo 0 C 0 '4� d ary J. 0 1 oono 0o ww ,m Jamgg"., �* - City S ' retary 0 koe %10 r,90 01 Title: 0 0 C�0 40 QW �0 0' .Address: �z ,„Y Y 4"" AS ., �� Date:MM i /state/zi ,� �� Approved as to Form and'Leg l.ity Nn Date Douglas W. Black Assistant City Attorney 133 134 s ,D ,` f,UOlnllil@ IliflV4fUMD 9V7?,6'buUYWfL°I>D!r Uloiwubwmioioioioiloimmsiusal u,wlulmlmuUUU!Ul!luIJUDW@V161V ��RECOMMENDED: 13 0 0"MolAL I( � 6ti 6�j 138 / � ��$0CM(WIMR, V I IRECTN 140 w 0f 141 �mb��Y� «� Transportation and Public Words i1�� b� UMMVd�u� � ,, 142 00,,, CITY OF FORT WORTH HMAC S. 'ACE OVERLAY(20,12-13 STANDARD CONSTRUCTION SPECIFICATION DOCUMENS 01921 Revised November 9,2011.1.