HomeMy WebLinkAboutContract 44155-A1 (2)_ �sf _ = �
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FIRST AMENDMENT TO CITY SECRETARY
CONTRACT NO. 44155
WHEREAS, on January 8, 2013 (M&C G26051), the City of Fort Worth ("City") and
Mario Sinacola & Sons Excavating, Inc. ("Contractor"), collectively the ("Pai-ties"), made and
entered into City Secretary Contract No. 44155 (the "Contract") for construction of the North
Beach Street Expansion ("ProjecY'); and
WHEREAS, the Contractor proposed an alternative to the plans, to wit: full closure of
North Beach Street in the Project area in order to increase motorist and worlcer safety and allow
for a reduction in work time for the excavation portion of the Project; and
WHEREAS, Contractor agreed to increase the liquidated damages found in the Contract
and perform certain additional taslcs in exchange for the City allowing the extended road closure;
and
WHEREAS, on July 9, 2013 (M&C G-17931), the City Council authorized the tempoi•ary
closure of North Beach Street fi•om Heritage Glen Drive to Heritage Trace Pai•lcway for roadway
construction activities fi•om July 15, 2013 to November 22, 2013.
NOW, THEREFORE, the Parties, hereby agree as follows:
I.
a. Contract No. 44155 is hereby amended to provide that liquidated damages in the
amount of $7,500.00 per day shall be imposed far� each day that North Beach
Street remains closed to the ti•aveling public beyond November 22, 2013. The
Parties agree and acicnowledge that these damages are for delay only and not a
penalty. Additionally, this same amount of liquidated damages shall be imposed
_._for_ Contracroi�,',.c fail�re. tq constt�uct, an_emergency access ,roacl_with.izi. two, we.e�cs .
from the date North Beach Sh�eet is first closed.
If adverse weather conditions are the basis for a Claim for additional time, such
Claim shall be documented by data substantiating that weather conditions were
abnormal for the period of time, could not have been reasonably anticipated and
had an adverse effect on the scheduled construction.
Likewise, if utility conflicts are the basis for a Claim for additional time, such
Claim shall be documented by data substantiating that the utility conflict had an
adverse effect on the scheduled consh•uction.
b. The Contract is fiu�ther amended to provide that the Worlc shall be complete and
ready for Final Acceptance by July 15, 2014 (Agreement, Section 00 52 43,
Article 3, Part 3.2). Failure to meet this deadline, absent legitiinately issued
extensions of time, shall result in liquidated damages being imposed under the
terms of the Agreement, Section 00 52 �3, Articl� 3, Part 3.3, at a rate of eight
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CONTRACT AMENDMENT 1 CSC NO. 44155
Mario Sinacola & Sons — N. Beach St Closure
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hundred and foi•ty Dollars ($840.00) per day.
II.
All other terms and conditions of the Conh•act not amended hei•ein remain unaffected and
in full force and effect on the Parties.
IN WITNESS WHEREOF, the City and the Conti•actor have each executed this First
Amendment in multiple counterparts by and through each Party's duly authorized signatory.
This First Amendment is effective as of the last date signed by a Party hereto.
c�o- :�I��p �jNDuiLl9 �-U�5 �ll. /v/, Ci of Fort Worth
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Title
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Fernando Costa,
Assistant City Manager
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Recommended:
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A./dd�ress: j0 �j SD 1'� cScq i2c l� R/�
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City/State/Zip:
CONTRACT AMENDMENT 1 CSC NO. 44155
Mario Sinacola & Sons — N. Beach St. Closure
Dougla� W. Wiersig Direct r
Transportation and Public W •lcs
Approved as to Form and Legality:
Black
Assistant City Attorney
M&C Af�/`�
Date: �
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City Secretary
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